Notices. Proposed rule; request for comments
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/register/2006/09/06/06-7444A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-60-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 060823223-6223-01; I.D. 072706B] RIN 0648-AT63 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish Fishery; Proposed Total Allowable Landings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS proposes a change to the annual total allowable landings
(TAL)for the tilefish fishery. The Mid-Atlantic Fishery Management Council (Council) met in May 2006 and recommended an increase in the TAL from 905 mt to 987 mt. This recommendation is, in part, a result of positive findings from the 2005 tilefish stock assessment that concluded that the tilefish stock is not overfished and overfishing is not occurring. This action complies with the Fishery Management Plan for the Tilefish Fishery (FMP). DATES: Comments must be received no later than 5 p.m., eastern standard time, on September 21, 2006. ADDRESSES: Copies of supporting documents, including the Regulatory Impact Review
(RIR)and Initial Regulatory Flexibility Analysis
(IRFA)are available from Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-6790. A copy of the RIR/IRFA is accessible via the Internet at *http://www.nero.noaa.gov/nero/regs/com.html* . Written comments on the proposed specifications may be submitted by any of the following methods: • Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the envelope: “Comments on Tilefish Proposed Specifications.” • Fax:
(978)281-9135. • E-mail: *0648AT63@noaa.gov* . Include in the subject line of the e-mail the following document identifier: “Comments on Tilefish Proposed Specifications.” • Federal e-Rulemaking Portal: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy Analyst, 978-281-9220. SUPPLEMENTARY INFORMATION: Regulations implementing the FMP appear at 50 CFR part 648, subparts A and N. The FMP (section 1.2.1.2) states that, after a “benchmark” stock assessment, conducted at the Northeast Fisheries Science Center (NEFSC) sponsored stock assessment workshop (SAW), and subsequent review by the stock assessment review committee (SARC), from which the biological reference points for tilefish could change, a change in the TAL may be warranted. The 41st SAW met in June 2005, assessed the tilefish stock, and concluded that the stock is not overfished and overfishing is not occurring. Fishing mortality in 2004 was estimated to be 87 percent of F <sup>msy</sup> , and total biomass in 2005 was estimated to be 72 percent of B <sup>msy</sup> . Stock biomass in 2005 was above that projected for 2005 in the 1998 assessment (59 percent of B msy ). However, the SAW also concluded that high variability exists in the terminal year ratio estimates and they were considered too uncertain to form the basis for evaluating likely biomass recovery schedules relative to the biomass level that would produce maximum sustainable yield (B msy ) under various TAL strategies. As a result of the findings from the 41st SAW, the Council convened the Tilefish Monitoring Committee in April 2006 to consider the results of the stock assessment and make recommendations to the Council's Tilefish Committee. At the Council's May 3, 2006, meeting the Tilefish Monitoring Committee recommended to the Council's Tilefish Committee that a slight increase in the TAL was justified. Based on this recommendation, the Council recommended to NMFS that the annual TAL be increased from 905 mt to 987 mt live (whole) weight, beginning with the 2007 fishing year, which starts November 1, 2006. The FMP established a constant harvest strategy, with a 50-percent probability of achieving the B msy target, over a 10-year rebuilding period. Thus, the proposed TAL, if implemented, would remain in place through the remainder of the rebuilding period (ending October 31, 2011) unless otherwise superseded by an amendment to the FMP, or unless the results of the next tilefish stock assessment (currently scheduled for fall 2008 or spring 2009) warrant other action. The proposed 987 mt (2.175 million lb) TAL represents a 9-percent increase above the current 905 mt (1.995 million lb) TAL. In evaluating the proposed TAL, the Tilefish Monitoring Committee considered that the fishery has been operating at, or near, this level since the implementation of the FMP. This was primarily a result of an accounting error by which the quota was erroneously monitored by landed (gutted) weight instead of live (whole) weight as specified in the FMP. This error was corrected in May 2005, at which time the conversion factor of 1.09 was applied to the landed weight to determine the amount of quota harvested. The percentage distribution of the TAL to the four tilefish permit categories would remain unchanged under this rule. The FMP dictates that the TAL be divided between the three limited access tilefish permit categories after the TAL is reduced by 5-percent to account for incidental tilefish landings (open-access incidental permit category) as follows: Sixty-six percent to Full-time Tier 1; 15 percent to Full-time Tier 2; and 19 percent to Part-time vessels. The allocation of the proposed TAL increase to the tilefish permit categories are presented in Table 1. These quotas may be adjusted by the Regional Administrator due to quota overages that occur in the previous fishing year. Table 1. Proposed Tilefish Total Allowable Landings by Permit Catgory Permit Category Current TAL 905 mt (1.995 million lb) Lb Kg 1 Proposed TAL 987 mt (2.175 million lb) Lb Kg 1 Full-time Tier 1
(A)1,250,980 567,435 1,364,329 618,849 Full-time Tier 2
(B)284,313 128,962 310,075 140,648 Part-time
(C)360,130 163,352 392,761 178,153 Incidental Catch 99,759 45,250 108,798 49,350 1 Kg are converted from lb, and may not necessarily add exactly due to rounding. Classification This action is authorized by 50 CFR part 648 and has been determined to be not significant for purposes of Executive Order 12866. Pursuant to 5 U.S.C. 603, an IRFA has been prepared that describes the economic impacts that this proposed rule, if adopted, would have on small entities. A description of the reasons why this action is being considered, as well as the objectives of and legal basis for this proposed rule is found in the preamble of this proposed rule. There are no Federal rules that duplicate, overlap, or conflict with this proposed rule. This action proposes to increase the tilefish TAL from 905 mt to 987 mt for the remainder of the FMP rebuilding period, which ends October 31, 2011. Description and Estimate of the Number of Small Entities to Which this Proposed Rule Would Apply The Small Business Administration
(SBA)defines a small commercial fishing entity as a firm with gross receipts not exceeding $4.0 million. No firms participating in the tilefish fishery reported gross receipts exceeding $4.0 million and are thus all considered small entities. Total ex-vessel value for the entire tilefish fishery ranged from $2.5 to $4.9 million over the 1996 to 2005 period. A total of 31 vessels are eligible to participate in the directed tilefish limited access fishery. Approximately 2,000 vessels are issued the open access tilefish Incidental Catch permit on an annual basis. In 2005, all permitted vessels in the Full-time Tier 1 permit category landed tilefish, while only 40 percent (2 vessels) of the permitted vessels in the Full-time Tier 2 category and 35 percent (8 vessels) of the permitted vessels in the part-time category landed tilefish that year. In addition, approximately 142 vessels landed tilefish under the Incidental Catch permit category in 2005. Thus, the vast majority of the tilefish landings in 2005 (approximately 90 percent) came from vessels permitted to participate in the limited access fishery. Economic Impacts of this Proposed Action The proposed 9-percent quota increase could have a small benefit to the fishing industry due to the increased TAL and thus, the additional opportunity to harvest tilefish. In general, there is not a direct relationship between the amount of fish landed and the price, but if one did assume a direct relationship, then the 2005 average price per pound of $2.48 would be worth an additional $448,332 per year for the 180,779 lb (82 mt) increase in tilefish quota proposed under this action. Using the 2005 price per pound, this could potentially amount to an additional $2 million over the 5 years remaining in the rebuilding period. However, because of the accounting error that resulted in the quota being monitored as landed (gutted) weight rather than live (whole) weight, as the FMP specified between November 1, 2001, and May 2005, the expected revenue increase would only be applicable for the period after the accounting error was corrected. The correction of the accounting error equates to a 9-percent reduction in available tilefish quota. Economic Impacts of Alternatives to the Proposed Action The Council analyzed two tilefish quota alternatives in addition to the preferred alternative. The alternatives are as follows: The preferred alternative of a 9-percent increase in TAL; a second alternative representing a 5-percent increase in TAL; and a third alternative representing the no-action alternative (status quo). The second alterative could have a small benefit to the fishing industry, as potentially as much as 99,208 lb (45 mt) more landings of tilefish could occur due to the increase in quota. As stated previously, there is not a direct relationship between the amount of fish landed and the price, but if one did assume a direct relationship, then the 2005 average price per pound of $2.48 would be worth an additional $248,000 per year for the additional 99,208 lb (45 mt) increase in the quota under this alternative. Using the 2005 price per pound, this would represent a potential $1.24-million increase in ex-vessel price over the 5 years remaining in the rebuilding period. This increase would be applicable for the period after the accounting error was corrected in May 2005. The third alternative would maintain the status quo (since May 2005) quota for the remainder of the stock rebuilding period. Implementation of the third alternative would be expected to maintain status quo conditions for rebuilding the resource and result in no changes to tilefish fishing revenues since May 2005. However, if viewed over the entire period since the implementation of the FMP (November 1, 2001), the tilefish industry average revenues could decline under the status quo alternative, since they would no longer be permitted to harvest at the level experienced prior to the correction of the accounting error. Reporting and Recordkeeping Requirements This proposed rule would not impose any new reporting, recordkeeping, or other compliance requirements. Therefore, the costs of compliance would remain unchanged. Authority: 16 U.S.C. 1801 *et seq.* Dated: August 31, 2006. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. E6-14712 Filed 9-5-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [I.D. 082406C] RIN 0648-AQ87 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Amendment 1 to the Atlantic Herring Fishery Management Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Availability of a fishery management plan amendment; request for comments. SUMMARY: NMFS announces that the New England Fishery Management Council (Council) has submitted Amendment 1 to the Atlantic Herring Fishery Management Plan
(FMP)(Amendment 1), incorporating the draft Final Supplemental Environmental Impact Statement (FSEIS), Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), for Secretarial review and is requesting comments from the public. The proposed measures include: A limited access program; an open access incidental catch permit; a change in the management area boundaries; establishment of a purse seine/fixed gear-only area; establishment of a Maximum Sustainable Yield
(MSY)proxy; an approach to determining the distribution of area-specific total allowable catches (TACs); a multi-year specifications process; a research quota set-aside for herring-related research; set-asides for fixed gear fisheries; a change in the midwater trawl gear definition; and additional measures that could be implemented through the framework adjustment process. The intent of this action is to provide efficient management of the Atlantic herring fishery and to meet conservation objectives. DATES: Comments must be received on or before November 6, 2006. ADDRESSES: Written comments on the proposed rule may be sent by any of the following methods: Mail to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments Herring Amendment 1”; Fax to Patricia A. Kurkul
(978)281-9135; E-mail to the following address: *HerrAmend1@noaa.gov.* Include in the subject line of the e-mail comment the following document identifier: “Comments Herring Amendment 1. Electronically through the Federal e-Rulemaking portal: *http://www.regulations.gov* . Copies of Amendment 1, the draft FSEIS, RIR, and the IRFA are available from Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950. These documents are also available online at *http://www.nefmc.org* . FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy Analyst, 978-281-9259, fax 978-281-9135, e-mail *eric.dolin@noaa.gov.* SUPPLEMENTARY INFORMATION: The notice of availability for the Draft Supplemental Environmental Impact Statement (DSEIS), which analyzed the impacts of all of the measures under consideration in Amendment 1 and Framework 43 to the Northeast Multispecies Fishery Management Plan (Northeast Multispecies FMP), was published on September 9, 2005 (70 FR 53657), with public comment accepted through October 24, 2005. Public hearings were held in October 2005, in six locations from Maine to New Jersey. At its January 31-February 2, 2006, meeting, the Council voted to adopt Amendment 1 for submission to NMFS, and submitted the document and associated analyses on May 3, 2006. The primary purpose of Amendment 1 is to modify the management program for the Atlantic herring fishery by implementing a limited access program to better match the capacity of the fleet to the resource. The Amendment is also intended to modify other management measures so that the Atlantic herring resource is managed more efficiently and sustainably. In July 1999, the Council voted to develop a limited or controlled access program for the herring fishery, and NMFS, at the request of the Council, established September 16, 1999 (FR 64 50266), as a control date for the Atlantic herring fishery in Federal waters. Scoping meetings for an amendment to the FMP were conducted in February 2000, shortly after completion of the FMP, with public hearings taking place during that month in Maine, Massachusetts, Rhode Island, and New Jersey. In April 2003, the Council re-initiated scoping, holding public hearings in April and May of that year in Maine, Massachusetts, and New Jersey. During the development of Amendment 1, both as a result of issues raised by the Council and by the public during scoping, a variety of elements were added to Amendment 1, all of which are intended to improve the management of the fishery and contribute to the sustainability of the stock. These include an open access incidental catch permit; a change in the management area boundaries; establishment of a purse seine/fixed gear-only area; establishment of an MSY proxy; an approach to determining the distribution of area-specific TACs; a multi-year specifications process; a research quota set-aside for herring-related research; a set-aside for fixed gear fisheries; measures to address bycatch of multispecies in the herring fishery; a change in the midwater trawl gear definition; and additional measures that could be implemented through the framework adjustment process. At its final meeting for Amendment 1, the Council separated the measures to address bycatch in the herring fishery from Amendment 1, and agreed to submit these measures separately as Framework 43 to the NE Multispecies FMP. The measures contained in Framework 43 were included in the DSEIS and public hearing document for Amendment 1 to the Atlantic Herring FMP (Amendment 1). The Council voted on February 2, 2006, to adopt the measures in Amendment 1 and Framework 43, but to submit Framework 43 in advance of Amendment 1 in order to establish measures for the fishery as soon as possible during the 2006 summer fishing season. The final rule for Framework 43 was published in the **Federal Register** on August 15, 2006 (71 FR 46871). Public comments are being solicited on Amendment 1 and its incorporated documents through the end of the comment period stated in this notice of availability. A proposed rule that would implement Amendment 1 may be published in the **Federal Register** for public comment, following NMFS's evaluation of the proposed rule under the procedures of the Magnuson-Stevens Act. Public comments on the proposed rule must be received by the end of the comment period provided in this notice of availability of Amendment 1 to be considered in the approval/disapproval decision on the amendment. All comments received by November 6, 2006, whether specifically directed to Amendment 1 or the proposed rule, will be considered in the approval/disapproval decision on Amendment 1. To be considered, comments must be received by close of business on the last day of the comment period; that does not mean postmarked or otherwise transmitted by that date. Authority: 16 U.S.C. 1801 *et seq.* Dated: August 30, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-14662 Filed 9-5-06; 8:45 am] BILLING CODE 3510-22-S 71 172 Wednesday, September 6, 2006 Notices DEPARTMENT OF AGRICULTURE Forest Service Request for Proposals for Woody Biomass Utilization Grant—Forest Restoration Activities on National Forest System Lands AGENCY: Forest Service, USDA. ACTION: Request for proposals. SUMMARY: The USDA Forest Service, State and Private Forestry, Technology Marketing Unit, located at the Forest Products Laboratory, requests proposals for forest product projects that increase the use of woody biomass from national forest system lands. The woody biomass utilization grant program is intended to help improve forest restoration activities by using and creating markets for small-diameter material and low-valued trees removed from forest restoration activities, such as reducing hazardous fuels, handling insect and diseased conditions, or treating forestlands impacted by catastrophic weather events. These funds are targeted to help communities, entrepreneurs, and others turn residues from forest restoration activities into marketable forest products and/or energy products. DATES: *Pre-application Deadline:* Close of business November 3, 2006. *Full application Deadline:* Close of business February 2, 2007. ADDRESSES: All pre- and full-application packages must be sent to the following address: ATTN: Shawn Lacina, Grants and Agreements Specialist, Forest Products Laboratory, 1 Gifford Pinchot Dr., Madison, WI 53726-2398. Detailed information regarding what to include in the pre- and full-application, definitions of terms, eligibility and federal restrictions are available at *http://www.fpl.fs.fed.us/tmu* (under Woody Biomass Grants). Paper copies of the information are also available by contacting the USDA Forest Service, S&PF Technology Marketing Unit, Madison, Wisconsin. FOR FURTHER INFORMATION CONTACT: For questions regarding contract and agreement questions, contact Shawn Lacina, Grants and Agreements Specialist,
(608)231-9282, *slacina@fs.fed.us,* for program and technical questions, contact Susan LeVan, Program Manager,
(608)231-9504, *slevan@fs.fed.us.* SUPPLEMENTARY INFORMATION: To meet the shared goals of Public Law 109-190 the Energy Policy Act of 2005, and the anticipated Public Law governing the Department of the Interior, Environment, and Related Agencies Appropriations Act of 2007, the agency is requesting proposals to address the nationwide challenge in dealing with low-valued material removed from hazardous fuel reduction activities, restoration of insect and diseased conditions or catastrophic weather events. The Woody Biomass Utilization Grant Program has a pre-application submission process, and upon notification, selected pre-applicants will be asked to submit a full application. Goals of the grant program are the following: • Help reduce forest management costs by increasing value of biomass and other forest products generated from forest restoration activities. • Create incentives and/or reduce business risk for increased use of biomass from national forestlands (must include National Forest System lands, however, may also include other lands such as, BLM, Tribal, State, local, and private). • Institute projects that target and help remove economic and market barriers to using small-diameter trees and woody biomass. • Require a Forest Service letter of support for the woody biomass grant project on National Forest System lands. Woody Biomass Grants Program 1. Eligibility Information a. Eligible Applicants Eligible applicants are State, local, and tribal governments, school districts, communities, non-profit organizations, businesses, companies, corporations, or special purpose districts, *e.g.* , public utilities districts, fire districts, conservation districts, or ports. Only one application per business or organization will be accepted. Construction projects involving a permanent building or infrastructure item, such as roads, are not allowed with federal funds; however construction funds can be part of the non-federal cost share. b. Cost Sharing (Matching Requirement) Applicants must demonstrate at least a 20% match from non-Federal sources, which can include cash or in-kind contributions. 2. DUNS Number All applicants must include a Dun and Bradstreet (D&B), Data Universal Numbering System
(DUNS)number in their full application. For the purpose of this requirement, the applicant is the entity that meets the eligibility criteria and has the legal authority to apply for an award. For assistance in obtaining a DUNS number at no cost, call the DUNS number request line (1-866-705-5711) or register on-line at *https://eupdate.dnb.com/requestoptions/government/ccrreg/.* By submission of an application, the applicant acknowledges the requirement that prospective awardees shall be registered in the Central Contractor Registration
(CCR)database prior to award, during performance, and through final payment of any grant resulting from this solicitation. Further information can be found at *http://www.ccr.gov.* 3. Award Information At least $4 million is available for granting under this program. Individual grants will not be less than $50,000 or more than $250,000. Funds are presently not available for this grant program. The Government's obligation under this program is contingent upon the availability of 2007 appropriated funds from which payment for grant purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Grants Officer for this program, and until the Cooperator receives notice of such availability, to be confirmed in writing by the Grants Officer. Successful applicants will be announced by March 5, 2007. The maximum length of the award is 3 years from the date of award. Written, quarterly financial and semi-annual performance reports will be required. Applicants should be aware that the grant funds are regarded as taxable income and a form 1099 will be sent by the Forest Service to the IRS. 4. Application Review Process A two-step technical evaluation process is used for applications submitted under this solicitation. The first step requires the applicant to submit a preliminary application (pre-application). Pre-applications are evaluated on the evaluation criteria discussed in Section 5. A review panel of technical experts from Federal agencies judges the pre-applications. Panel members independently review the pre-applications according to the evaluation criteria and point system. A total of 100 points is possible. As a result of this preliminary review, successful pre-applications are invited to submit a full-application package. Unsuccessful pre-applicants are removed from further consideration for funding under this solicitation. In either case, a letter of notification is provided to each applicant. The second step requires the applicant to submit a full-application package, which is evaluated based on the same evaluation criteria as the preliminary application. The full-application package is evaluated for technical and financial feasibility. The reviewers discuss, rank, and make recommendations to Executive Steering Committee of Senior Federal officials. 5. Evaluation Criteria and Point System a. Impact on National Forest System Lands Forest Restoration Activities: Total Points 40 • Condition of the forestlands proposed for the project, such as Fire Regime Condition Class ( *http://www.frcc.gov* ), insect and disease risk conditions, or degraded forestlands due to catastrophic weather events. • Direct, tangible benefits with and without the grant ( *e.g.* , increased acres treated from forest restoration activities, increased value of raw material removed from forest restoration activities, and reduced Forest Service's cost per acre). • Indirect, intangible benefit (such as air quality benefits, water quality benefits, socio-economic impacts, wildlife habitat, and watershed improvements). • Opportunities created for using woody biomass material around National Forest System lands in locations where no capacity exists. b. Technical Approach Work Plan: Total Points 25 • Technical feasibility of the proposed work. • Adequacy and completeness of the proposed tasks. • Likelihood of meeting project objectives. • Reasonableness of time schedule. • Identified deliverables/tasks. • Timeliness—timeframe of the project. • Evaluation and monitoring plan. c. Financial Feasibility: Total Points 25 • Realistic budget and timeframe. • Thorough financial documentation ( *see* description of required documentation under financial feasibility, Section 7. c.). • Level of matching funds for the grant. d. Qualifications and Experience of Applicant: Total Points 10 • Experience, capabilities (technical and managerial). • Demonstrated capacity. If there are no technical or financial problems for the project, and there is significant impact on reducing the Forest Service's cost per acre, full points are given. If there are minor deficiencies, which could limit success, midway points are given. If there are major deficiencies, which could render the project unsuccessful, minimum points are given. Further scoring criteria can be found at *http://www.fpl.fs.fed.us/tmu* (under Woody Biomass Grants). Full-application packages that do not submit ALL required financial information will be disqualified. 6. Pre-Application Information a. Pre-Application Submission Pre-applications are required. Specific content and submission requirements for the pre-application are as follows: Each submittal must be composed of three paper copies (single-sided) of the pre-application. Paper copies of the pre-application must be on 8.5-by 11-inch plain white paper with a minimum font size of 11 letters per inch. Top, bottom, and side margins must be no less than three-quarters of an inch. All pages must be clearly numbered. The paper copies of the application package should be stapled with a single staple at the upper left-hand corner. b. Pre-Application Content Assemble information in the following order: cover page, project summary, project narrative, statement of need, project coordinator(s) and partner(s), goals and objectives, technical approach work plan, impact on National Forest System forest restoration treatments, evaluation and monitoring plan, budget justification narrative, budget, and appendices. The project narrative should provide a clear description of the work to be performed and its impact on National Forest System lands. It should address the technical approach work plan under criteria 2 in Section 5. The project narrative is limited to 5 pages, excluding cover page, budget justification, budget, or appendices. The discussion of the impact on National Forest System lands is a critical component because these proposals are aimed at helping the Forest Service increase the number of acres treated and decrease the cost per acre for those National Forest System lands that are at risk due to hazardous fuel buildup, insects and diseases, or catastrophic weather events. Applicants should describe qualitatively and quantitatively how the project would decrease Forest Service treatment costs and/or increase the price one might offer for the woody biomass. Specifically, proposals should address the following: • Condition of the forest or grassland, such as providing the Fire Regime Condition Class ( *http://www.frcc.gov* ), the insect and disease risk, or any catastrophic weather events and the consequences of the National Forest System not being able to do treatments because of the cost. • What Forest Service is currently doing with material removed from forest restoration activities. • What would be done with this material if grant is awarded? • Anticipated outcomes and measures of success. • Documentation of costs and benefits of project as a result of the award ( *see* project feasibility discussion at *http://www.fpl.fs.fed.us/tmu* under Woody Biomass Grants). • Documentation of intangible benefits. Examples of tangible and intangible benefits are listed on the Technology Marketing Unit's Web site at *http://www.fpl.fs.fed.us/tmu* (under Woody Biomass Grants). • Long-Term Benefits of Project: Applicant should address the length of time the benefits and impacts are anticipated ( *e.g.* , project will have long-term consequences, such as equipment improvements, or a one-time benefit, such as a subsidy.) • Expansion capability: Does the project have the potential to expand the application to additional forest treatment areas or to use more of the wood from treatments for higher valued uses? A full description of each content item can be obtained from the Technology Marketing Unit's Web site at *http://www.fpl.fs.fed.us/tmu* (under Woody Biomass Grants), or by calling the telephone number in the FOR FURTHER INFORMATION CONTACT section, or by writing to the address in the ADDRESSES section of this notice. c. Pre-Application Delivery Pre-applications must be postmarked by November 3, 2006 and received no later than 5 p.m. Central Standard Time on November 10, 2006, by Shawn Lacina at the Forest Products Laboratory. Hand-delivered, e-mail, or fax applications will not be accepted. *No exceptions allowed.* Please send pre-applications to the address listed in the ADDRESSES section of this notice. 7. Full-Application Information USDA Forest Service will request full applications only from those applicants selected in the pre-application process. a. Full-Application Submission Specific content and submission requirements for the full application are as follows: Each submittal must be composed of three paper copies (single-sided) of the full application. Paper copies of the full application must be on 8.5- by 11-inch plain white paper with a minimum font size of 11 letters per inch. Top, bottom, and side margins must be no less than three-quarters of an inch. All pages must be clearly numbered. The paper copies of the application package should be stapled with a single staple at the upper left-hand corner. Other bindings will not be accepted. b. Full-Application Content Assemble information in the following order: Cover page, project summary, project narrative, statement of need, project coordinator(s) and partner(s), goals and objectives, technical approach work plan, impact on National Forest System forest restoration activities, environmental documentation, project work plan and timeline, social impacts, evaluation and monitoring plan, equipment description, budget justification narrative, budget, financial feasibility, and appendices. The project narrative should provide a clear description of the work to be performed, how it will be accomplished, and its impact on National Forest System lands. It should address the technical approach work plan under criteria 2 listed in Section 5. The project narrative is limited to a total of 10 pages excluding cover page, budget justification, budget, appendices and financial documentation. c. Detailed Financial Information Detailed financial information is requested to assess the potential and the capability of the applicant. All financial information remains confidential and is not accessible under the Freedom of Information Act. If the applicant has questions about how confidential information is handled they should contact Shawn Lacina at *slacina@fs.fed.us.* The financial information should provide a general overview of historical and projected (pro forma) financial performance. Standard accounting principles should be used for developing the required financial information. Strong applications have benefited from the use of a certified accountant to develop this information. Applicants should refer to the Technology Marketing Unit's Web site at *http://www.fpl.fs.fed.us/tmu* (under Woody Biomass Grants) for the financial information requirements, as well as Web sites for standard financial templates. d. Full-Application Delivery Full applications must be postmarked by February 2, 2007, and received no later than 5 p.m. Central Standard Time on February 9, 2007, by Shawn Lacina at the Forest Products Laboratory. Hand-delivered, e-mail, or fax applications will not be accepted. *No exceptions allowed.* Please send full-applications to the address listed in the ADDRESSES section of this notice. 8. Appendices The following information must be included in the appendix of the pre-application and the full-application package: a. Letter of Support and Biomass Availability From Local USDA Forest Service District Ranger or Forest Supervisor This letter must describe the status of National Environmental Policy Act (NEPA), acres, timeframes, available volumes, and opportunities for applicant to access these volumes. These letters should be submitted with both the pre-application and full-application. b. Letters of Support From Partners, Individuals, or Organizations Letters of support should be included in an appendix and are intended to display the degree of collaboration occurring between the different entities engaged in the project. These letters must include commitments of cash or in-kind services from all partners and must support the amounts listed in the budget. Each letter of support is limited to one page in length. c. Key Personnel Qualifications Qualifications of the project manager and key personnel should be included in an appendix. Qualifications are limited to two pages in length and should contain the following: Resume, biographical sketch, references, and demonstrated ability to manage the grant. Dated: August 30, 2006. James E. Hubbard, Deputy Chief, State and Private Forestry. [FR Doc. E6-14707 Filed 9-5-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF COMMERCE International Trade Administration A-588-707 Notice of Extension of Deadline for the Final Results of Antidumping Duty Administrative Review: Granular Polytetrafluoroethylene Resin from Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 6, 2006. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-1757 and
(202)482-4477, respectively. SUPPLEMENTARY INFORMATION: Background On May 11, 2006, the Department of Commerce (the Department) published the preliminary results of the 2004-2005 administrative review of the antidumping duty order covering Asahi Glass Fluoropolymers, Ltd. See *Granular Polytetrafluoroethylene Resin From Japan: Preliminary Results of Antidumping Duty Administration Review* , 71 FR 27459 (May 11, 2006). The final results are currently due September 8, 2006. Extension of Time Limit for Final Results The Tariff Act of 1930, as amended (the Act), provides at section 751(a)(3)(A) that the Department will issue the final results of an administrative review of an antidumping duty order within 120 days after the date on which the preliminary results were published. The Act provides further that, if the Department determines that it is not practicable to complete the review within this time period, the Department may extend the 120-day period to 180 days. Due to the complexity of the level of trade issue in this review, the Department needs additional time to conduct its analysis. Therefore, we are extending the deadline for issuing the final results of this review by an additional 45 days until October 23, 2006, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: August 29, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-14726 Filed 9-5-06; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration (A-357-812) Honey From Argentina: Extension of Time Limit for Preliminary Results of Administrative Review of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 6, 2006. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington DC 20230; telephone:
(202)482-1121 or
(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On November 1, 2005, the Department of Commerce (the Department) published a notice of opportunity to request administrative review of the antidumping duty order on, *inter alia* , Honey from Argentina. *See Notice of Opportunity to Request Administrative Review* , 70 FR 65883 (November 1, 2005). On December 27, 28, and 30, 2005, the Department received timely requests to conduct an administrative review of honey from Argentina. On February 1, 2006, the Department published a notice of initiation of an antidumping duty review for the December 1, 2004, through November 30, 2005 period of review. *See Initiation of Antidumping Duty Reviews* , 71 FR 5241 (February 1, 2006). The preliminary results for this administrative review are currently due no later than September 5, 2006. Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Tariff Act), requires the Department to complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Tariff Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month of an order for which a review is requested. The Department has determined it is not practicable to complete this review within the statutory time limit because we require additional time to conduct a sales-below-cost investigation in this administrative review. The time needed to analyze the respondents' cost of production data and to develop fully the record in this review makes it impracticable to complete the preliminary results of this review within the originally anticipated time limit. Accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review until no later than December 20, 2006, which is 354 days from the last day of the anniversary month of the order on honey from Argentina. We intend to issue the final results no later than 120 days after publication of the preliminary results notice. This extension is in accordance with section 751(a)(3)(A) of the Tariff Act. Dated: August 29, 2006. Stephen Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-14723 Filed 9-5-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-357-812) Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is partially rescinding its administrative review of the antidumping duty order on honey from Argentina for the period December 1, 2004, to November 30, 2005, with respect to two companies, Nexco S.A and HoneyMax S.A. EFFECTIVE DATE: September 6, 2006. FOR FURTHER INFORMATION CONTACT: David Cordell at
(202)482-0408 (Nexco S.A.), Tyler Weinhold at
(202)482-1121 (HoneyMax S.A), or Robert James at
(202)482-0649, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On December 1, 2005, the Department published in the **Federal Register** its notice of opportunity to request an administrative review of the antidumping duty order on honey from Argentina. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 70 FR 72109 (December 1, 2005). In response, on December 30, 2005, the American Honey Producers Association and the Sioux Honey Association (collectively, petitioners) requested an administrative review of the antidumping duty order on honey from Argentina for the period December 1, 2004, through November 30, 2005. The petitioners requested that the Department conduct an administrative review of entries of subject merchandise made by 42 Argentine producers/exporters. In addition, the Department received requests for review from four Argentine exporters included in the petitioners' request. On January 6, 2006, petitioners withdrew their request with respect to 23 companies listed in their original request. On February 1, 2006, the Department initiated a review on the remaining 19 companies for which an administrative review was requested. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 71 FR 5241 (February 1, 2006). On March 10, 2006, petitioners withdrew their requests for review of an additional twelve respondents. Accordingly, on April 10, 2006, the Department published a notice of partial rescission of review in response to petitioners' withdrawal of their requests covering twelve companies. * See Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review * , 71 FR 18066 (April 10, 2006). On August, 4, 2006, petitioners withdrew their request for an administrative review of Nexco S.A. On August 21, 2006 petitioners and HoneyMax S.A. submitted letters withdrawing their requests for an administrative review of HoneyMax S.A. Rescission of Review Section 351.213(d)(1) of the Department's regulations provides that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws at a later date if the Department determines it is reasonable to extend the time limit for withdrawing the request. Although petitioners withdrew their request with regard to Nexco S.A. after the 90-day deadline, the Department finds it reasonable to extend the withdrawal deadline because the Department has not yet devoted significant time or resources to this review, and petitioners were the only party to request a review. Further, we find petitioners' withdrawal does not constitute an abuse of our procedures. Similarly, although both petitioners and HoneyMax S.A. withdrew their requests with regard to HoneyMax S.A. after the 90-day deadline, the Department finds it reasonable to extend the withdrawal deadline because the Department has not yet devoted any significant time and resources to this review. *See* , *e.g.* , *Persulfates from the People's Republic of China: Notice of Rescission of Antidumping Duty Administrative Review* , 71 FR 13810 (March 17, 2006). The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection
(CBP)within 15 days of the publication of this notice. The Department will direct CBP to assess antidumping duties for Nexco S.A. and HoneyMax S.A. at the cash deposit rates in effect on the date of entry for entries during the period December 1, 2004, to November 30, 2005. Notification to Importers This notice serves as a final reminder to importers of their responsibility under section 351.402(f) of the Department's regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's assumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department's regulations. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: August 29, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-14724 Filed 9-5-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration International Buyer Program; Support for Domestic Trade Shows AGENCY: International Trade Administration, Department of Commerce. ACTION: Notice and call for applications for the International Buyer Program for the period January 1, 2008 through December 31, 2008. SUMMARY: This notice sets forth objectives, procedures and application review criteria associated with support for domestic trade shows by the International Buyer Program of the United States and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce (DOC). This announcement covers selection for International Buyer Program participation for Calendar Year 2008 (January 1, 2008 through December 31, 2008). The International Buyer Program
(IBP)was established to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The International Buyer Program emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. firms interested in exporting. The assistance provided to show organizers includes worldwide overseas promotion of selected shows to potential international buyers, end-users, representatives and distributors. The worldwide promotion is executed through the offices of the United States and Foreign Commercial Service (hereinafter referred to as the Commercial Service) in more than 70 countries representing the United States' major trading partners, and also in U.S. Embassies in countries where the Commercial Service does not maintain offices. The Department expects to select approximately 35 shows for the January 1, 2008 through December 31, 2008 period from among applicants to the program. Shows selected for the International Buyer Program will provide a venue for U.S. firms interested in expanding their sales into international markets. Successful show organizer applicants will be required to enter into a Memorandum of Agreement
(MOA)with the DOC. The MOA constitutes an agreement between the DOC and the show organizer specifying which responsibilities are to be undertaken by DOC as part of the IBP and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application and a copy of this **Federal Register** Notice. The responsibilities to be undertaken by DOC will be carried out by the Commercial Service, the lead agency for this program. DATES: Applications must be received by 5 p.m. local time November 6, 2006. To avoid delays, applications should be sent via express mail due to the irradiation of regular mail addressed to the DOC Herbert Clark Hoover Building
(HCHB)location. ADDRESSES: International Buyer Program, Trade Promotion Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Avenue, NW., HCHB 2110, Washington, DC 20230. Telephone:
(202)482-3334. FOR FURTHER INFORMATION CONTACT: Joseph J. English, Acting Program Manager, International Buyer Program, HCHB 2110, Trade Promotion Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Avenue, NW., Washington, DC 20230. Telephone
(202)482-3334; Fax:
(202)482-0115; E-mail: *Josesph.English@mail.doc.gov.* SUPPLEMENTARY INFORMATION: The Commercial Service is accepting applications for the International Buyer Program for events taking place between January 1, 2008, and December 31, 2008. Under the IBP, the Commercial Service seeks to bring together international buyers with U.S. firms by selecting and promoting in international markets U.S. domestic trade shows covering industries with high export potential. Selection of a trade show is valid for one event, *i.e.* , a trade show organizer seeking selection for a recurring event must submit a new application for selection for each occurrence of the event. Even if the event occurs more than once in the 12-month period covered by this announcement, the trade show organizer must submit a separate application for each event. The Commercial Service will select approximately 35 events for support between January 1, 2008 and December 31, 2008. The Commercial Service will select those events that, in its judgment, most clearly meet the Commercial Service's statutory mandate to promote U.S. exports, especially those of small- and medium-sized enterprises, and that best meet the selection criteria articulated below. The Commercial Service selects trade shows to be International Buyer Program partners that it determines to be leading international trade shows appropriate for participation by U.S. exporting firms and for promotion in overseas markets by U.S. Embassies and Consulates. Selection as an International Buyer Program partner does not constitute a guarantee by the U.S. Government of the show's success. International Buyer Program partnership status is not an endorsement of the show organizer except as to its international buyer activities. Non-selection should not be viewed as a finding that the event will not be successful in the promotion of U.S. exports. A participation fee of *$8,000* is required for shows of five days or less and having only one International Business Center. For shows more than five days but less than ten days in duration, and/or requiring two International Business Centers, a participation fee of $14,000 is required. For shows ten days or more in duration and/or requiring more than two IBCs, the participation fee will be negotiated, but shall not be less than $19,500. Participation fees are for shows selected and promoted during the period between January 1, 2008 and December 31, 2008. The participation fee is not an application fee. *Exclusions:* Trade shows that are either first-time or horizontal (non-industry specific) events will not be considered. *General Selection Criteria:* The Department will select shows to be International Buyer Program partners that, in the judgment of the Department, best meet the following criteria:
(a)*Intellectual Property Rights Protection:* The trade show organizer cooperates with DOC's Intellectual Property Rights Initiative by including in the terms and conditions of its exhibitor contracts provisions for the protection of intellectual property rights (IPR); has procedures in place at the trade show to address IPR infringement, which, at a minimum, provides information to help U.S. exhibitors procure legal representation during the trade show; and agrees to assist DOC in reaching and educating U.S. exhibitors on the Strategy Targeting Organized Piracy (STOP!), IPR protection measures available during the show, and the means to protect IPR in overseas markets, as well as in the United States.
(b)*Export Potential:* The trade show promotes products and services from U.S. industries that have high export potential, as determined by DOC sources, *e.g.* , Commercial Service best prospects lists and U.S. export statistics (certain industries are rated as priorities by our domestic and international commercial officers in their Country Commercial Guides. Export statistics, Country Commercial Guides and more are available at *http://www.export.gov.*
(c)*International Interest:* The trade show meets the needs of a significant number of overseas markets and corresponds to marketing opportunities as identified by the posts in the Country Commercial Guides ( *e.g.* best prospect lists). Previous international attendance at the show may be used as an indicator.
(d)*Scope of Show:* The event must offer a broad spectrum of U.S. made products and services for the subject industry. Trade shows with a majority of U.S. firms as exhibitors are given priority.
(e)*U.S. Content of Show Exhibitors:* Trade shows with exhibitors featuring a high percentage of U.S. products or products with a high degree of U.S. content will be preferred. In accordance with DOC policy, to have “U.S. content” products and services included in the Export Interest Directory must be either:
(i)produced or manufactured in the United States; or,
(ii)if produced or manufactured outside of the United States, be marketed under the name of a U.S. firm and have U.S. content representing at least 51 percent of the value of the finished product or service being exported. U.S.-sourced inputs that may be considered as contributing to U.S. content, to the extent that they are incorporated into the finished product or service being exported, may include but are not limited to: materials; components; packaging; labor; production equipment and factory overhead; research & development; design; intellectual property; warehousing; distribution; sales; administration & management; advertising; and marketing and promotion.
(f)*Stature of Show:* The trade show must be clearly recognized in the industry it represents as a leading event for the promotion of the products and services of that industry both domestically and internationally. It should serve as a showplace for the latest technology or techniques employed within the sector.
(g)*Exhibitor Interest:* Show Organizers must demonstrate interest on the part of U.S. exhibitors to receive international visitors during the event by providing historical data regarding the number of international attendees and the number of countries represented at prior prensentations of the event. A significant number of the event's U.S. exhibitors should be New-To-Export
(NTE)or seeking to expand their distribution into new export markets.
(h)*Overseas Marketing:* There has been a demonstrated effort to market prior shows overseas. In addition, the applicant should describe in detail the international marketing program to be conducted for the event, explaining how efforts should increase individual and group international attendance. (Planned cooperation with Visit USA Committees overseas is desirable. For more information on Visit USA Committees go to *http://www.tia.org/marketing/visit_usa_committees.html.)*
(i)*Logistics:* The site, facilities, transportation services, and availability of accommodations at the site of the exhibition must be capable of accommodating large numbers of attendees whose native language will be other than English.
(j)*Delegation Incentives:* Show Organizers should list or identify a range of incentives to be offered to delegations and/or delegation leaders recruited by Commercial Service overseas posts. Examples of incentives to international visitors and to organized delegations include, but are not limited to: Waived or reduced admission fees; Special events, such as receptions, meetings with association executives, briefings, and site tours; and complimentary accommodations for leaders.
(k)*Cooperation:* Successful applicants must enter into a Memorandum of Agreement
(MOA)that sets forth the specific actions to be performed by the show organizer and the Department of Commerce. The show organizer must be willing to cooperate with the Commercial Service and the International Buyer Program to further the program's goals and adhere to the target dates listed in the MOA and in the event timetables. Past experience of show organizers who have participated in the IBP is taken into account in evaluating the current application to the program. *How to Apply:* Interested show organizers [ **Note:** should capitalize or not capitalize “show organizer” consistently.] can obtain information and application materials from the point of contact listed under FOR FURTHER INFORMATION CONTACT at the beginning of this notice. Anyone requesting application information will be sent a sample copy of the MOA along with the application and a copy of this **Federal Register** Notice. *Applications should be sent via express mail to avoid delays due to the irradiation of regular mail addressed to the DOC Herbert Clark Hoover Building
(HCHB)location.* All applications must be received by 5 p.m. local time on November 6, 2006. For deadline purposes, facsimile or e-mail applications will be accepted; however, paper copies of the signed original applications must be received within five business days after the deadline date. Late applications will not be considered. *Legal Authority:* The Commercial Service is authorized to conduct the International Buyer Program under 15 U.S.C. 4724. The Commercial Service has the legal authority to enter into MOAs with show organizers (partners) under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended (22 U.S.C. Sections 2455(f) and 2458 (c)). MECEA allows the Commercial Service to accept contributions of funds and services from firms for the purposes of furthering its mission. *Information Collection Requirements:* The Office of Management and Budget
(OMB)has approved the information collection requirements of the application to this program under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (OMB Control No. 0625-0151). Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. Signed: August 3, 2006. Todd Thurwachter, Director, Office of Trade Event Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce. [FR Doc. E6-14652 Filed 9-5-06; 8:45 am] BILLING CODE 3510-FP-P DEPARTMENT OF COMMERCE Minority Business Development Agency [Docket No: 000724218-6233-10] Solicitation of Applications for the Native American Business Enterprise Center (NABEC) (formerly Native American Business Development Center (NABDC)) AGENCY: Minority Business Development Agency, DOC. ACTION: Notice. SUMMARY: In accordance with Executive Order 11625 and 15 U.S.C. Section 1512, the Minority Business Development Agency
(MBDA)is soliciting for competitive applications from organizations to operate a Native American Business Enterprise Center (NABEC) (formerly Native American Business Development Center (NABDC)). This is not a grant program to help start a business. Applications submitted must be to operate a Native American Business Enterprise Center (NABEC) and to provide business consultation to eligible clients. Applications that do not meet these requirements will be rejected. The NABEC will provide services in the outlined geographic areas (refer to SUPPLEMENTARY INFORMATION section of this Notice). DATES: The closing date for receipt of applications for the NABEC program is October 18, 2006. Completed applications must be received by MBDA no later than 5 p.m. Eastern Daylight Savings Time at the address below for paper submission or at *http://www.grants.gov/* for electronic submission. The due date and time is the same for electronic submissions as it is for paper submissions. The date that applications will be deemed to have been submitted electronically shall be the date and time received at Grants.gov. Applicants should save and print the proof of submission they receive from Grants.gov. Applications received after the closing date and time will not be considered. Anticipated time for processing of the NABEC program is approximately ninety days
(90)days from the date of publication of this Announcement. MBDA anticipates that awards for the NABEC program will be made with a start date of January 1, 2007. Pre-Application Conference: A pre-application teleconference will be held for the NABEC program on October 3, 2006, in connection with this solicitation Announcement. The pre-application conference information will be available on MBDA's Portal (MBDA Portal) at *http://www.mbda.gov/.* Interested parties to the pre-application conference must register at MBDA's Portal at least 24 hours in advance of the event. ADDRESSES: 1
(a)*Paper Submission—If Mailed:* If the application is mailed/shipped overnight by the applicant or its representative, one
(1)signed original plus two
(2)copies of the application must be submitted. Completed application packages must be mailed to: Office of Business Development—NABEC Program, Office of Executive Secretariat, HCHB, Room 5063, Minority Business Development Agency, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. U.S. Department of Commerce delivery policies for Federal Express, UPS, and DHL overnight services require the packages to be sent to the address above. 1
(b)*Paper Submission—If Hand-Delivered:* If the application is hand-delivered by the applicant or his/her representative, one
(1)signed original plus two
(2)copies of the application must be delivered to: U.S. Department of Commerce, Minority Business Development Agency, Office of Business Development—NABEC Program (extension 1940), HCHB, Room 1874, Entrance #10, 15th Street, NW., Washington, DC (Between Pennsylvania and Constitution Avenues). U.S. Department of Commerce “hand-delivery” policies state that Federal Express, UPS, and DHL overnight services submitted to the address listed above (Entrance #10) cannot be accepted. These policies should be taken into consideration when utilizing their services. MBDA will not accept applications that are submitted by the deadline but rejected due to Departmental hand-delivery policies. The applicant must adhere to these policies in order for his/her application to receive consideration for award.
(2)*Electronic Submission:* Applicants are encouraged to submit their proposal electronically at *http://www.Grants.gov.* Electronic submissions should be made in accordance with the instructions available at Grants.gov (see *http://www.grants.gov/ForApplicants* for detailed information). MBDA strongly recommends that applicants not wait until the application deadline date to begin the application process through Grants.gov. FOR FURTHER INFORMATION CONTACT: For further information, please visit MBDA's Minority Business Internet Portal at *http://www.mbda.gov.* Paper applications and Standard Forms may be obtained by contacting the MBDA National Enterprise Center
(NEC)for the area where the Applicant is located (See Agency Contacts section) or visiting MBDA's Portal at *http://www.mbda.gov.* Standard Forms 424, 424A, 424B, and SF-LLL can also be obtained at *http://www.whitehouse.gov/omb/grants* , or *http://www.Grants.gov.* Forms CD-511 and CD-346 may be obtained at *www.doc.gov/forms.* Responsibility for ensuring that applications are complete and received by MBDA on time is the sole responsibility of the Applicant. Agency Contacts 1. Office of Business Development, 14th and Constitution Avenue, NW., Room 5073, Washington DC 20230. Contact: Efrain Gonzalez, Program Manager at 202-482-1940. 2. San Francisco National Enterprise Center (SFNEC) is located at 221 Main Street, Suite 1280, San Francisco, CA 94105. The designated project for the SFNEC is the North-West NABEC. This region, under the NABEC program covers the states of Wyoming, Montana, Idaho, Utah, Nevada, Oregon, Washington, California and Alaska. Contact: Linda Marmolejo, Regional Director, SFNEC at 415-744-3001. 3. Dallas National Enterprise Center
(DNEC)is located at 1100 Commerce Street, Suite 7B-23, Dallas, TX 75242. The designated project for the DNEC is the South-West NABEC. This region, under the NABEC program, covers the states of Louisiana, Arkansas, Oklahoma, Texas, Colorado, New Mexico and Arizona. Contact John Iglehart, Regional Director, Dallas NEC at 214-767-8001. 4. Atlanta National Enterprise Center
(ANEC)is located at 401 W. Peachtree Street, NW., Suite 1715, Atlanta, GA 30308-3516. The designated project for the ANEC is the Eastern NABEC. This region, under the NABEC program, covers the states of Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Tennessee, Kentucky, West Virginia, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, Maine and the District of Columbia. Contact John Iglehart, Acting Regional Director, ANEC at 404-730-3300. 5. Chicago National Enterprise Center
(CNEC)is located at 55 E. Monroe Street Suite 1406, Chicago, IL 60603. The designated project for the CNEC is the Mid-West NABEC. This region, under the NABEC program, covers the states of Minnesota, North Dakota, South Dakota, Nebraska, Wisconsin, Kansas, Missouri, Iowa, Illinois, Indiana, Michigan and Ohio. Contact Eric Dobyne, Regional Director, CNEC at 312-353-0182. SUPPLEMENTARY INFORMATION: Geographic Service Areas The NABEC Program will provide services in the following revised geographic areas: NABEC name Location of NABEC Geographic service area Eastern NABEC Nashville, TN States of Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Tennessee, Kentucky, West Virginia, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, Maine and the District of Columbia. Mid-West NABEC Minneapolis, MN States of Minnesota, North Dakota, South Dakota, Nebraska, Wisconsin, Kansas, Missouri, Iowa, Illinois, Indiana, Michigan and Ohio. South-West NABEC Tulsa, OK States of Louisiana, Arkansas, Oklahoma, Texas, Colorado, New Mexico and Arizona. North-West NABEC Billings, MT States of Wyoming, Montana, Idaho, Utah, Nevada, Oregon, Washington, California and Alaska. *Electronic Access:* A link to the full text of the Federal Funding Opportunity
(FFO)Announcements for the NABEC Program can be found at *http://www.Grants.gov* or by downloading at *http://www.mbda.gov* or by contacting the appropriate MBDA representative identified above. The FFO contains a full and complete description of the NABEC Program requirements. In order to receive proper consideration, applicants must comply with all information and requirements contained in the FFO. Applicants will be able to access, download and submit electronic grant applications for the NABEC Program in this announcement at Grants.gov. MBDA strongly recommends that applicants not wait until the application deadline date to begin the application process through Grants.gov. The date that applications will be deemed to have been submitted electronically shall be the date and time received at Grants.gov. Applicants should save and print the proof of submission they receive from Grants.gov. Applications received after the closing date and time will not be considered. *Funding Priorities:* Preference may be given to applications during the selection process which address the following MBDA funding priorities:
(a)Applicants who submit proposals that include work activities that exceed the minimum work requirements in this Announcement.
(b)Applicants who submit proposals that include performance goals that exceed the minimum performance goal requirements in this Announcement.
(c)Applicants who demonstrate an exceptional ability to identify and work towards the elimination of barriers which limit the access of minority businesses to markets and capital.
(d)Applicants who demonstrate an exceptional ability to identify and work with minority businesses seeking to obtain large-scale contracts and/or insertion into supply chains with institutional customers.
(e)Applicants that utilize fee for service models and those that demonstrate an exceptional ability to charge and collect fees from clients.
(f)Applicants who submit proposals that take a regional approach in providing services to eligible clients. *Funding Availability:* The total award period is three years. The Federal funding share in each program year (2007-2009) (January 1-December 31 respectively) is $1.25 million. MBDA funding availability is subject to Fiscal Year appropriations. MBDA anticipates funding four
(4)NABECs from this competitive Announcement. MBDA requires each award recipient to provide a minimum of ten percent (10%) non-federal cost share. Applicants must submit project plans and budgets for each of the three funding periods. Projects will be funded for no more than one year at a time. Project proposals accepted for funding will not compete for funding in the subsequent second and third budget periods. Second and third year funding will depend upon satisfactory performance, availability of funds to support continuation of the project, and consistency with Department of Commerce and MBDA priorities. Second and third year funding will be granted at the sole discretion of MBDA and the Department of Commerce. MBDA is soliciting competitive applications from organizations to operate a MBEC in the designated geographic areas. The maximum Federal Funding Amounts for each year are shown below. All funding periods are subject to the availability of funds to support the continuation of the project, and the Department of Commerce's and MBDA's priorities. Publication of this Notice does not obligate MBDA or the Department to award any specific cooperative agreement or to obligate all or any part of available funds. Contingent upon the availability of Federal funds, the cost of performance for each of the program funding years is estimated in the chart below. The application must include a minimum cost share of 10% in non-Federal contributions. Project name January 1, 2007 through December 31, 2007 Total cost ($) Federal share ($) Non-Federal share ($) (10% min.) January 1, 2008 through December 31, 2008 Total cost ($) Federal share ($) Non-Federal share ($) (10% min.) January 1, 2009 through December 31, 2009 Total cost ($) Federal share ($) Non-Federal share ($) (10% min.) Eastern NABEC 347,100 312,500 34,600 347,100 312,500 34,600 347,100 312,500 34,600 Mid-West NABEC 347,100 312,500 34,600 347,100 312,500 34,600 347,100 312,500 34,600 South-West NABEC 347,100 312,500 34,600 347,100 312,500 34,600 347,100 312,500 34,600 North-West NABEC 347,100 312,500 34,600 347,100 312,500 34,600 347,100 312,500 34,600 Authority: Executive Order 11625 and 15 U.S.C. 1512. *Catalog of Federal Domestic Assistance (CFDA):* 11.801 Native American Business Enterprise Center Program (NABEC) (formerly Native American Business Development Center (NABDC) Program). *Eligibility:* For-profit entities (including sole-proprietorships, partnerships, and corporations), and non-profit organizations, state and local government entities, American Indian Tribes, and educational institutions are eligible to operate NABECs. Applicants receiving three
(3)consecutive funding award cycles (beginning 2007 through 2015) will not be eligible to receive an award in 2016 (and thereafter). *Program Description:* In accordance with Executive Order 11625 and 15 U.S.C. Section 1512, the Minority Business Development Agency
(MBDA)is soliciting applications from organizations to operate a Native American Business Enterprise Center (NABEC) (formerly Native American Business Development Center). The NABEC Program requires NABEC staff to provide standardized business assistance services to eligible Native American, tribal entities, Alaska Native Corporations and minority firms with $500,000 or more in annual revenues and/or “rapid growth potential” minority businesses (“Strategic Growth Initiative” or “SGI” firms) directly; to develop and maintain a network of strategic partnerships; to provide collaborative consulting services with other MBDA funded programs and/or strategic partners; to provide strategic business consulting; to work closely with MBDA's Office of Native America Entrepreneurship and Trade; and, to provide referrals for client transactions. These requirements will be used to generate increased results with respect to financing and contracts awarded to minority-owned firms and thus, are a key component of this program. Eligible clients are SGI minority firms including Native American business enterprises, tribal entities and Alaska Native Corporations capable of generating significant employment and long-term economic growth. However, eligible clients do not have to be tribal members. A significant emphasis for the NABEC Program is to support Native American communities through entrepreneurship. The NABEC Program shall leverage all available MBDA resources including the
(a)Office of Native American Entrepreneurship and Trade,
(b)Office of Business Development, and
(c)National Enterprise Centers. In addition the NABEC Program shall leverage available telecommunications technology, including the Internet, and a variety of online computer-based resources to increase the level of service that the NABEC can provide to the targeted markets and communities within the defined geographic service area. The NABEC will place special emphasis on providing access to Federal contracting and procurement opportunities; and, providing collaborative support to the existing network of other MBDA funded projects and/or strategic partners that result in client outcomes. The NABEC program incorporates an entrepreneurial approach to building market stability and improving the quality of services delivered. This strategy expands the reach of the NABEC by requiring project operators to develop and build upon strategic alliances with public and private sector partners, and MBDA itself, as a means of serving the targeted markets and communities within the Center's defined geographic service area. MBDA will establish business consulting training programs to support the NABEC client assistance services. These NABEC training programs are designed specifically to foster growth assistance to its clients. The NABEC will also encourage increased collaboration and client/non-client referrals among the MBDA-sponsored networks. This will provide a comprehensive approach to serving the emerging sector of the minority business community. The NABEC will operate through the use of trained professional business consultants who will assist minority entrepreneurs through direct client engagements. Entrepreneurs eligible for assistance under the NABEC Program are Native Americans, Native American tribes, Alaska Natives, Alaska Native Corporations, African Americans, Puerto Ricans, Spanish-speaking Americans, Aleuts, Asian and Pacific Islander Americans, Asian Indians, and Hasidic Jews. As part of its strategy for continuous improvement, the NABEC shall expand its delivery capacity to all minority firms (as defined above), with greater emphasis on Native American SGI firms. MBDA wants to ensure that NABEC clients are receiving a consistent level of service throughout its funded network. To that end, MBDA will require NABEC consultants to attend training courses designed to achieve standardized services and quality expectations. Further programmatic information can be found in the FFO. *Match Requirements—Alabama MBEC:* Cost sharing of at least 10% is required. Cost sharing is the portion of the project cost not borne by the Federal Government. Applicants must meet this requirement through one or more of the following means or a combination thereof:
(1)Client fees (if proposed);
(2)cash contributions;
(3)non-cash applicant contributions; and/or
(4)third party in-kind contributions. Bonus points will be awarded for cost sharing exceeding 10 percent that is applied on the following scale: more than 10%-less than 15%—1 point; 15% or more-less than 20%—2 points; 20% or more-less than 25%—3 points; 25% or more-less than 30%—4 points; and, 30% or more—5 points. Applicants must provide a detailed explanation of how the cost-sharing requirement will be met. The NABEC may charge client fees for services rendered. Client fees, if charged, shall be used towards meeting cost share requirements. Client fees applied directly to the award's cost sharing requirement must be used in furtherance of the program objectives. *Evaluation Criteria:* Proposals will be evaluated and applicants will be selected based on the following criteria. An application must receive at least 70% of the total points available for each evaluation criterion, in order for the application to be considered for funding. The maximum total of points that can be earned is 105 including bonus points for related non-federal cost sharing, except when oral presentations are made by applicants. If oral presentations are made (see paragraph 5 below), the maximum total of points that can be earned is 115. 1. *Applicant Capability (40 points).* The applicant's proposal will be evaluated with respect to the applicant firm's experience and expertise in providing the work requirements listed. Specifically, the proposals will be evaluated as follows: • *Community* —experience in and knowledge of the Native American community, Native American tribal entities and minority business sector and strategies for enhancing its growth and expansion; particular emphasis shall be on expanding SGI firms and tribal entities. This factor will be evaluated on whether or not the applicant has a physical presence (2 years minimum) in the geographic service area at the time of application (4 points); • *Business Consulting* —experience in and knowledge of business consulting of SGI firms and tribal entities (5 points); • *Financing* —experience in and knowledge of the preparation and formulation of successful financial transactions (5 points); • *Procurements and Contracting* —experience in and knowledge of the public and private sector contracting opportunities for Native American entities and minority businesses, as well as demonstrated expertise in assisting clients into supply chains (5 points); • *Financing Networks* —resources and professional relationships within the corporate, banking and investment community that may be beneficial to Native American entities and minority-owned firms (5 points); • *Establishment of a Self-Sustainable Service Model* —summary plan to establish a self-sustainable model for continued services to the Native American and MBE communities beyond the MBDA funding cycle (3 points); • *MBE Advocacy* —experience and expertise in advocating on behalf of Native American community, Native American tribal entities and minority businesses, both as to specific transactions in which a minority business seeks to engage, and as to broad market advocacy for the benefit of the minority community at large (3 points); and, • *Key Staff* —assessment of the qualifications, experience and proposed role of staff who will operate the NABEC. In particular, an assessment will be made to determine whether proposed key staff possesses the expertise in utilizing information systems and the ability to successfully deliver services (10 points). 2. *Resources (20 points).* The applicant's proposal will be evaluated according to the following criteria: • *Resources* —discuss those resources (not included as part of the cost-sharing arrangement) that will be used, including (but not limited to) existing prior and/or current data lists that will serve in fostering immediate success for the NABEC (8 points); • *Location* —Applicant must indicate if it shall establish a location for the Center that is separate and apart from any existing offices in the geographic service area (2 points); • *Partners* —discuss how you plan to establish and maintain the network of five
(5)External Strategic Partners and a minimum of four
(4)Internal Strategic Partners. The applicant should also describe how these partners will support the NABEC to meet its performance objectives (5 points); and, • *Equipment* —discuss how you plan to accomplish the computer hardware and software requirements (5 points). 3. *Techniques and Methodologies (20 points).* The applicant's proposal will be evaluated as follows: • *Performance Measures* —relate each performance measure to the financial, information and market resources available in the geographic service area to the applicant (including existing client list) and how the goals will be met (marketing plan). Specific attention should be placed on matching performance outcomes (as described under “Geographic Service Areas and Performance Goals” of the FFO) with client service hours. The applicant should consider existing market conditions and its strategy to achieve the goal (10 points); • *Plan of Action* —provide specific detail on how the applicant will start operations. The NABEC shall have thirty
(30)days to become fully operational after an award is made. Fully operational means that all staff are hired, all signs are up, all items of furniture and equipment are in place and operational, all necessary forms are developed ( *e.g.* , client engagement letters, other standard correspondence, etc.), and the Center is ready to open its doors to the public (5 points); and, • *Work Requirement Execution Plan* —The applicant will be evaluated on how effectively and efficiently all staff time will be used to achieve the work requirements (5 points). 4. *Proposed Budget and Supporting Budget Narrative (20 points).* The applicant's proposal will be evaluated on the following sub-criteria: • Reasonableness, allowability and allocability of costs. All of the proposed expenditures must be discussed and the budget line item narrative must match the proposed budget. Fringe benefits and other percentage item calculations must match the proposed line item on the budget. (5 points); • Proposed cost sharing of 10% is required. The non-federal share must be adequately documented, including, how client fees (if charged) will be used to meet the cost-share (5 points); and, *Performance Based Budget* . Discuss how the budget is related to the accomplishment of the work requirements and the performance measures. Provide a budget narrative that clearly shows the connections (10 points). Proposals with cost sharing which exceeds 10% will be awarded bonus points on the following scale: More than 10%-less than 15%—1 point; 15% or more-less than 20%—2 points; 20% or more-less than 25%—3 points; 25% or more-less than 30%—4 points; and 30% or more—5 points. 5. *Oral Presentation—Optional (10 points).* Oral presentations are held only when determined by MBDA. When the merit review by the panel results in applications scoring 70% or more of the available points for each criterion, MBDA may request all those applicants to develop and provide an oral presentation. This presentation will be used to establish a final evaluation and rating. *The applicant's presentation will be evaluated on the following sub-criteria:*
(a)The extent to which the presentation demonstrates how the applicant will effectively and efficiently assist MBDA in the accomplishment of its mission (2 points);
(b)The extent to which the presentation demonstrates business operating priorities designed to manage a successful NABEC (2 points);
(c)The extent to which the presentation demonstrates a management philosophy that achieves an effective balance between micromanagement and complete autonomy for its Project Director (2 points);
(d)The extent to which the presentation demonstrates robust search criteria for the identification of a Project Director (1 point);
(e)The extent to which the presentation demonstrates effective employee recruitment and retention policies and procedures (1 point); and,
(f)The extent to which the presentation demonstrates a competitive and innovative approach to exceeding performance requirements (2 points). Review and Selection Process—Alabama MBEC 1. *Initial Screening.* Prior to the formal paneling process, each application will receive an initial screening to ensure that all required forms, signatures and documentation are present. 2. *Panel Review.* Each application will receive an independent, objective review by a panel qualified to evaluate the applications submitted. MBDA anticipates that the review panel will be made up of at least three independent reviewers (all Federal employees) who will review all applications based on the above evaluation criteria. Each reviewer will evaluate and provide a score for each proposal. In order for an application to be considered for funding, it shall need to achieve 70% of the available points for each criterion. Failure to achieve these results will automatically deem the application as unsuccessful. 3. *Oral Presentation—Optional.* When the merit review by the panel results in applications scoring 70% or more of the available points for each criterion, MBDA may request all those applicants to develop and provide an oral presentation. The applicants may receive up to 10 additional points based on the presentation and content presented. If a formal presentation is requested, the applicants will receive a formal communication (via standard mail, e-mail or fax) from MBDA indicating the time and date for the presentation. In person presentations are not mandatory but are encouraged; telephonic presentations are acceptable. Applicants will be asked to submit a power point presentation (or equivalent) to MBDA that addresses the oral presentation criteria (see above, Evaluation Criteria, item 5. Oral Presentation—Optional). This presentation must be submitted at least 24 hours before the scheduled date and time of the presentation. The presentation will be made to the National Director (or his/her designee) and/or up to three senior MBDA staff who did not serve on the merit evaluation panel. The oral panel members may ask follow-up questions after the presentation. MBDA will provide the teleconference dial-in number and pass code. Each finalist will present to MBDA staff only; other applicants are not permitted to listen (and/or watch). All costs pertaining to this presentation shall be borne by the applicant. NABEC award funds may not be used as a reimbursement for this presentation. MBDA will not accept any requests or petitions for reimbursement. The oral panel members shall score each presentation in accordance with the oral presentation criteria. An average score shall be compiled and added to the original score of the panel review. 4. *Final Recommendation.* The National Director of MBDA makes the final recommendation to the Department of Commerce Grants Officer regarding the funding of applications, taking into account the selection criteria as outlined in this Announcement and the following:
(a)The evaluations and rankings of the independent review panel and the evaluation(s) of the oral presentations, if applicable;
(b)Funding priorities. The National Director (or his/her designee) reserves the right to conduct a site visit (subject to the availability of funding) to applicant organizations receiving at least 70% of the total points available for each evaluation criterion, in order to make a better assessment of the organization's capability to achieve the funding priorities; and,
(c)The availability of funding. *Intergovernmental Review:* Applications under this program are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” *Limitation of Liability:* Applicants are hereby given notice that funds have yet to be appropriated for this program. In no event will MBDA or the Department of Commerce be responsible for proposal preparation costs if this program fails to receive funding or is cancelled because of other Agency priorities. Publication of this announcement does not oblige MBDA or the Department of Commerce to award any specific project or to obligate any available funds. *Universal Identifier:* Applicants should be aware that they will be required to provide a Dun and Bradstreet Data Universal Numbering system
(DUNS)number during the application process. *See* the June 27, 2003 (68 FR 38402) **Federal Register** notice for additional information. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711 or by accessing the Grants.gov Web site at *http.//www.Grants.gov* . *Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements:* The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the **Federal Register** notice of December 30, 2004 (69 FR 78389) are applicable to this solicitation. *Paperwork Reduction Act:* This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Standard Forms 424, 424A, 424B, SF-LLL, and CD-346 have been approved by Office of Management and Budget
(OMB)under the respective control numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding any other provisions of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number. *Executive Order 12866:* This notice has been determined to be not significant for purposes of E.O. 12866. *Administrative Procedure Act/ Regulatory Flexibility Act:* Prior notice for an opportunity for public comment are not required by the Administrative Procedure Act for rules concerning public property, loans, grant, benefits and contracts (5 U.S.C. 533(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 533 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. Dated: August 31, 2006. Ronald N. Langston, National Director, Minority Business Development Agency. [FR Doc. E6-14758 Filed 9-5-06; 8:45 am] BILLING CODE 3510-21-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 083006A] Endangered Species; File No. 1580 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that Dynergy Northeast Generation, Inc. (Dynergy), 992-994 River Road, Newburgh, NY 12550, has applied in due form for a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research. DATES: Written, telefaxed, or e-mail comments must be received on or before October 6, 2006. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone
(301)713-2289; fax
(301)427-2521; and Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298; phone
(978)281-9300; fax
(978)281-9394. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File No. 1580. FOR FURTHER INFORMATION CONTACT: Malcolm Mohead or Shane Guan.
(301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). Dynergy seeks a two
(2)year scientific research permit on shortnose sturgeon in its efforts to study the abundance of all of sampled species in the Hudson River estuary from Battery Park (Manhattan) to River Mile 152. Based on previous permitted sampling efforts, Dynergy requests to lethally take up to 40 shortnose sturgeon larvae and to capture, handle, collect, measure, externally tag and release up to 82 juvenile and adult sturgeon obtained by various sampling methods. Dynergy sampling programs will include a Longitudinal River Ichthyoplankton Survey, a Beach Seine Survey, a Fall Juvenile Survey and an Adult Striped Bass Mark/Recapture Survey. Gear associated with the plankton survey are a 1.0-m 2 epibenthic sled, and a 1.0-m 2 Tucker Trawl to be towed by boat against the prevailing current for 5 minutes intervals on a weekly or bi-weekly basis (depending on the season) beginning March 6 and ending on December 1 of each year of the permit. An average of 133 sample trawls will be done per week. The Beach Seine Survey will utilize a 30.5-m total length beach seine with bag deployed by boat in 450 m 2 semi-circular sweeps to collect YOY fish in the shore zone. The sampling period is bi-weekly from June 12 to October 16 each year of the permit with an average of 100 samples per week. Gear associated with the Fall Juvenile Survey is a 3-m Beam Trawl and Tucker Trawl to be towed by boat on alternating weeks in three separate sampling periods from July 1 to December 1 in each year of the permit with an average of 180 trawls per week. The Adult Striped Bass Mark/Recapture Survey will utilize a 9-m otter trawl with tow duration of typically 10 minutes and with approximately 500 trawls occurring between January and April and then between October and December. Dated: August 30, 2006. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-14713 Filed 9-5-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 083006E] Western Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Western Pacific Fishery Management Council (Council) will hold a meeting of the Hawaii members of the Council's Bottomfish Plan Team (BPT). DATES: The meeting of the BPT will be held on September 27, 2006, from 9 a.m. to 4 p.m. ADDRESSES: The meeting of the Hawaii BPT will be held at the Western Pacific Fishery Management Council conference room, 1164 Bishop Street, Suite 1400, Hololulu, HI. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; telephone:
(808)522-8220. SUPPLEMENTARY INFORMATION: The BPT will meet on September 27, 2006, to discuss the following agenda items: 1. Introductions, approval of draft agenda and assignment of rapporteurs 2. Report on Fishery Independent Research Workshop 3. Report on Bottomfish Stock Assessment 4. Status of the Stock Report 5. Separation of Guam Bottomfish Management Unit Species
(BMUS)catch per unit effort
(CPUE)data into deep, shallow and combined 6. Plan Team Recommendations 7. Other Business Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds,
(808)522-8220 (voice) or
(808)522-8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: August 31, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-14679 Filed 9-5-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 082206A] Endangered Species; File No. 1563 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that North Carolina Division of Marine Fisheries (NCDMF; Mr. Blake Price, Principal Investigator), P.O. Box 769, Morehead City, North Carolina 28557, has been issued a permit to take threatened and endangered sea turtles for purposes of scientific research. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone
(301)713-2289; fax
(301)427-2521; and Southeast Region, NMFS, 263 13th Ave South, St. Petersburg, FL 33701; phone
(727)824-5312; fax
(727)824-5309. FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Patrick Opay, (301)713-2289. SUPPLEMENTARY INFORMATION: On March 17, 2006, notice was published in the **Federal Register** (71 FR 13816) that a request for a scientific research permit to take loggerhead ( *Caretta caretta* ), green ( *Chelonia mydas* ), Kemp's ridley ( *Lepidochelys kempii* ), hawksbill ( *Eretmochelys imbricata* ), and leatherback ( *Dermochelys coriacea* ) sea turtles had been submitted by the above-named organization. The requested permit has been issued under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226). The NCDMF will be testing two types of large mesh gillnets to ascertain which type of net will reduce sea turtle interactions while maintaining targeted catch rates for southern flounder ( *Paralichthys lethostigma* ). Both nets will be constructed of 0.52 mm diameter monofilament with 6-inch (15.2 cm) mesh webbing, but the control net is 25 meshes deep while the low profile net is twelve meshes deep. Control nets have additional floatation every six feet (1.8 m) and tie downs every 30 feet (9.1 m); experimental nets have neither. NCDMF plans to conduct 150 paired net deployments (one of each type of net). To follow fishing protocols, nets will be set at dusk and retrieved in the early morning. Captured sea turtles will be examined for any possible injuries and held for approximately two hours to ensure they are healthy before being transported away from the fishing area and released. Turtles will be identified to species, measured, photographed, and flipper and PIT tagged. Any comatose or debilitated turtles will be transported to a rehabilitation center. During the life of the permit, the applicant is authorized to capture 23 Kemp's ridley, 23 loggerhead, 22 green, 2 hawksbill, and 2 leatherback sea turtles. Of the captured turtles, 11 Kemp's, 11 loggerhead, 11 green, 1 hawksbill, and 1 leatherback may be mortalities. Research will be conducted in Pamlico Sound, North Carolina and the permit expires in December 2007. Issuance of this permit, as required by the ESA, was based on a finding that such permit
(1)was applied for in good faith,
(2)will not operate to the disadvantage of any endangered or threatened species, and
(3)is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: August 29, 2006. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-14661 Filed 9-5-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary Defense Science Board AGENCY: Department of Defense, DoD. ACTION: Notice of closed advisory committee meetings. SUMMARY: The Defense Science Board Task Force on VTOL/STOL will meet in closed session on September 12-13, 2006; at Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA. This meeting is a classified executive session to begin the review of gathered data and to begin formulating the report's contents. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meeting, the Defense Science Board Task Force will: Assess the features and capabilities VTOL/STOL aircraft should have in order to support the nation's defense needs through at least the first half of the 21st century. In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meeting will be closed to the public. FOR FURTHER INFORMATION CONTACT: LCDR Clifton Phillips, USN, Defense Science Board, 3140 Defense Pentagon, Room 3C553, Washington, DC 20301-3140, via e-mail at *clifton.phillips@osd.mil* , or via phone at
(703)571-0083. Due to scheduling difficulties, there is insufficient time to provide timely notice required by Section 10(a) of the Federal Advisory Committee Act and subsection 102-3.150(b) of the GSA Final Rule on Federal Advisory Committee Management, 41 CFR part 102-3.150(b), which further requires publication at least 15 calendar days prior to the meeting. Dated: August 30, 2006. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 06-7444 Filed 9-5-06; 8:45 am]
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register
U.S. Code
7 references not yet in our index
- 50 CFR 648
- Pub. L. 109-190
- 5 USC 533(a)(2)
- 5 USC 533
- 50 CFR 222
- Pub. L. 92-463
- 41 CFR 102
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Proposed rule; request for comments
Cite50 CFR 648
Pub. L.Pub. L. 109-190
Cite5 USC 533(a)(2)
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