Notices. Notice of Upcoming Sunset Reviews
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BILLING CODE 3510-DT-M DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202)482-4697. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended, may request, in accordance with section 351.213
(2004)of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. *Opportunity to Request a Review:* Not later than the last day of December 2006, 1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in December for the following periods: 1 Or the next business day, if the deadline falls on a weekend, Federal holiday or any other day when the Department is closed. Period Antidumping Duty Proceedings ARGENTINA: Honey, A-357-812 12/1/05-11/30/06 BRAZIL: Certain Carbon Steel Butt-Weld Pipe Fittings, A-351-602 12/1/05-11/30/06 Silicomanganese, A-351-824 12/1/05-11/30/06 CHILE: Certain Preserved Mushrooms, A-337-804 12/1/05-11/30/06 INDIA: Carbazole Violet Pigment 23, A-533-838 12/1/05-11/30/06 Certain Hot-Rolled Carbon Steel Flat Products, A-533-820 12/1/05-11/30/06 Stainless Steel Wire Rod, A-533-808 12/1/05-11/30/06 INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, A-560-812 12/1/05-11/30/06 JAPAN: High and Ultra-High Voltage Ceramic Station Post Insulators, A-588-862 12/1/05-11/30/06 Polychloroprene Rubber, A-588-046 12/1/05-11/30/06 P.C. Steel Wire Strand, A-588-068 12/1/05-11/30/06 Superalloy Degassed Chromium, A-588-866 8/18/05-11/30/06 Welded Large Diameter Line Pipe, A-588-857 12/1/05-11/30/06 REPUBLIC OF KOREA: Welded ASTM A-312 Stainless Steel Pipe, A-580-810 12/1/05-11/30/06 TAIWAN: Carbon Steel Butt-Weld Pipe Fittings, A-583-605 12/1/05-11/30/06 Porcelain-On-Steel Cooking Ware, A-583-508 12/1/05-11/30/06 Welded ASTM A-312 Stainless Steel Pipe, A-583-815 12/1/05-11/30/06 THE PEOPLE'S REPUBLIC OF CHINA: Carbazole Violet Pigment 23, A-570-892 12/1/05-11/30/06 Cased Pencils, A-570-827 12/1/05-11/30/06 Hand Trucks and Parts Thereof, A-570-891 12/1/05-11/30/06 Honey, A-570-863 12/1/05-11/30/06 Malleable Cast Iron Pipe Fittings, A-570-881 12/1/05-11/30/06 Porcelain-on-Steel Cooking Ware, A-570-506 12/1/05-11/30/06 Silicomanganese, A-570-828 12/1/05-11/30/06 Countervailing Duty Proceedings ARGENTINA: Honey, C-357-813 1/1/06-12/31/06 INDIA: Carbazole Violet Pigment 23, C-533-839 1/1/05-12/31/05 Certain Hot-Rolled Carbon Steel Flat Products, C-533-821 1/1/05-12/31/05 INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, C-560-813 1/1/05-12/31/05 SOUTH AFRICA: Certain Hot-Rolled Carbon Steel Flat Products, C-791-810 1/1/05-12/31/05 THAILAND: Certain Hot-Rolled Cabon Steel Flat Products, C-549-818 1/1/05-12/31/05 Suspension Agreements MEXICO: Fresh Tomatoes, A-201-820 12/1/05-11/30/06 In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non-market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. As explained in *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at *http://ia.ita.doc.gov.* Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Duty Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. The Department will publish in the **Federal Register** a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of December 2006. If the Department does not receive, by the last day of December 2006, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: November 21, 2006. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E6-20360 Filed 11-30-06; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Upcoming Sunset Reviews. SUPPLEMENTARY INFORMATION: Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (“the Department”) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for January 2007 The following Sunset Reviews are scheduled for initiation in January 2007 and will appear in that month's Notice of Initiation of Five-year Sunset Reviews. Antidumping Duty Proceedings Department Contact Uranium from France (A-427-818) Dana Mermelstein
(202)482-1391 Countervailing Duty Proceedings Uranium from France (C-427-819) Brandon Farlander
(202)482-0182 Suspended Investigations No suspended investigations are scheduled for initiation in January 2007. The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3—Policies Regarding the Conduct of Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (“Sunset Policy Bulletin”). The Notice of Initiation of Five-year (“Sunset”) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: November 20, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-20361 Filed 11-30-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-year (“Sunset”) Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating a five-year (“Sunset Review”) of the antidumping duty order listed below. The International Trade Commission (“the Commission”) is publishing concurrently with this notice its notice of *Institution of Five-year Review* which covers this same order. EFFECTIVE DATE: December 1, 2006. FOR FURTHER INFORMATION CONTACT: The Department official identified in the *Initiation of Review(s)* section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at
(202)205-3193. SUPPLEMENTARY INFORMATION: Background The Department's procedures for the conduct of Sunset Reviews are set forth in its *Procedures for Conducting Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders* , 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3— *Policies Regarding the Conduct of Five-year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin* , 63 FR 18871 (April 16, 1998) (“Sunset Policy Bulletin”). Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: DOC Case No. ITC Case No. Country Product Department Contact A-570-866 731-TA-921 PRC Folding Gift Boxes Juanita Chen
(202)482-1904 Countervailing Duty Proceedings No countervailing duty proceedings are scheduled for initiation in December 2006. Suspended Investigations No suspended investigations are scheduled for initiation in December 2006. Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the Department's regulations regarding Sunset Reviews (19 CFR 351.218) and *Sunset Policy Bulletin* , the Department's schedule of Sunset Reviews, case history information ( *i.e.* , previous margins, duty absorption determinations, scope language, import volumes), and service lists available to the public on the Department's sunset Internet website at the following address: “ *http://ia.ita.doc.gov/sunset/.* ” All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation.Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (“APO”) immediately following publication in the **Federal Register** of the notice of initiation of the sunset review. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and
(G)of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews must respond not later than 15 days after the date of publication in the **Federal Register** of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. *See* 19 CFR 351.218(d)(1)(iii). For sunset reviews of countervailing duty orders, parties wishing the Department to consider arguments that countervailable subsidy programs have been terminated must include with their substantive responses information and documentation addressing whether the changes to the program were
(1)limited to an individual firm or firms and
(2)effected by an official act of the government. Further, a party claiming program termination is expected to document that there are no residual benefits under the program and that substitute programs have not been introduced. *Cf* . 19 CFR 351.526(b) and (d). If a party maintains that any of the subsidies countervailed by the Department were not conferred pursuant to a subsidy program, that party should nevertheless address the applicability of the factors set forth in 19 CFR 351.526(b) and (d). Similarly, parties wishing the Department to consider whether a company's change in ownership has extinguished the benefit from prior non-recurring, allocable, subsidies must include with their substantive responses information and documentation supporting their claim that all or almost all of the company's shares or assets were sold in an arm's length transaction, at a price representing fair market value, as described in the *Notice of Final Modification of Agency Practice Under Section 123 of the Uruguay Round Agreements Act* , 68 FR 37125 (June 23, 2003) ( *Modification Notice* ). *See Modification Notice* for a discussion of the types of information and documentation the Department requires. If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that *all parties* wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the **Federal Register** of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Please consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. 1 Please consult the Department's regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. Dated: November 20, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-20362 Filed 11-30-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-875 Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) published its preliminary results of administrative review of the antidumping duty order on non-malleable cast iron pipe fittings (“NMP fittings”) from the People's Republic of China (“PRC”) on May 25, 2006. *See Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review* , 71 FR 30116 (May 25, 2006) (“ *Preliminary Results* ”). The period of review (“POR”) is April 1, 2004, through March 31, 2005. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our calculations. The final dumping margins for this review are listed in the “Final Results of Review” section below. EFFECTIVE DATE: December 1, 2006 FOR FURTHER INFORMATION CONTACT: Eugene Degnan, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0414. SUPPLEMENTARY INFORMATION: Background On April 7, 2003, the Department published in the **Federal Register** the antidumping duty order on NMP fittings from the PRC. *See Notice of Antidumping Duty Order: Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China* , 68 FR 16765 (April 7, 2003). On April 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on NMP fittings from the PRC for the period April 1, 2004, through March 31, 2005. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review* , 70 FR 16799 (April 1, 2005). On April 25, 2005, Myland Industrial Co., Ltd. and Myland Buxin Foundry Ltd. (collectively “Myland”) requested an administrative review of their sales to the United States during the POR of merchandise produced by Buxin and exported by Myland. On May 27, 2005, the Department published in the **Federal Register** a notice of the initiation of the antidumping duty administrative review of NMP fittings from the PRC for the period April 1, 2004, through March 31, 2005. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 70 FR 30694 (May 27, 2005) (“ *Initiation Notice* ”). The Department published the preliminary results on May 25, 2006. *See Preliminary Results* , 71 FR at 30116. We invited parties to comment on our preliminary results. *See Preliminary Results* , 71 FR at 30121. On June 23, 2006, Anvil International, Inc. and Ward Manufacturing (“Petitioners”) submitted a case brief, and on June 27, 2006, Myland submitted a case brief. On June 30, 2006, Petitioner submitted a rebuttal brief and on July 3, 2006, Myland submitted a rebuttal brief. On September 12, 2006, the Department published a notice in the **Federal Register** extending the time limit for the final results of review until October 23, 2006. *See Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review: Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China* , 71 FR 53661 (September 12, 2006). Additionally, on October 30, 2006, the Department published a notice in the **Federal Register** further extending the time limit for the preliminary results of review until November 10, 2006. See Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China: Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review, 71 FR 63285 (October 30, 2006). Further, on November 16, 2006, the Department published a notice in the **Federal Register** further extending the time limit for the preliminary results of review until November 21, 2006. *See Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China: Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review* , 71 FR 66749 (November 16, 2006). We have conducted this administrative review in accordance with Section 751 of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.213. Scope of Order The products covered by the order are finished and unfinished non-malleable cast iron pipe fittings with an inside diameter ranging from 1/4 inch to 6 inches, whether threaded or un-threaded, regardless of industry or proprietary specifications. The subject fittings include elbows, ells, tees, crosses, and reducers as well as flanged fittings. These pipe fittings are also known as “cast iron pipe fittings” or “gray iron pipe fittings.” These cast iron pipe fittings are normally produced to ASTM A-126 and ASME B.l6.4 specifications and are threaded to ASME B1.20.1 specifications. Most building codes require that these products are Underwriters Laboratories
(UL)certified. The scope does not include cast iron soil pipe fittings or grooved fittings or grooved couplings. Fittings that are made out of ductile iron that have the same physical characteristics as the gray or cast iron fittings subject to the scope above or which have the same physical characteristics and are produced to ASME B.16.3, ASME B.16.4, or ASTM A-395 specifications, threaded to ASME B1.20.1 specifications and UL certified, regardless of metallurgical differences between gray and ductile iron, are also included in the scope of the order. These ductile fittings do not include grooved fittings or grooved couplings. Ductile cast iron fittings with mechanical joint ends (MJ), or push on ends (PO), or flanged ends and produced to the American Water Works Association
(AWWA)specifications AWWA C110 or AWWA C153 are not included. Imports of subject merchandise are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7307.11.00.30, 7307.11.00.60, 7307.19.30.60 and 7307.19.30.85. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of this proceeding is dispositive. Analysis of Comments Received All issues raised in the post-preliminary comments by parties in this review are addressed in the Issues and Decision Memorandum, dated November 10, 2006 (“Decision Memo”), which is hereby adopted by this notice. A list of the issues which parties raised and to which we responded in the Decision Memo is attached to this notice as an appendix. The Decision Memo is a public document which is on file in the Central Records Unit (“CRU”) in room B-099 in the main Department building, and is accessible on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Surrogate Country In the *Preliminary Results* , we stated that we treat the PRC as a non-market economy (“NME”) country, and therefore, we calculated normal value in accordance with section 773(c) of the Act which applies to NME countries. Also, we stated that we had selected India as the appropriate surrogate country to use in this review for the following reasons:
(1)it is a significant producer of comparable merchandise; and
(2)provides contemporaneous publicly available data to value the factors of production, pursuant to section 773(c)(4) of the Act. *See Preliminary Results* . For the final results, we made no changes to our findings with respect to the selection of a surrogate country. Separate Rates In proceedings involving NME countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to review in an NME country this single rate unless an exporter can demonstrate that it is free of *de jure* and *de facto* control over its export decisions, so as to be entitled to a separate rate. In the *Preliminary Results* , we found that Myland demonstrated its eligibility for separate-rate status. For the final results, we continue to find that the evidence placed on the record of this administrative review by Myland demonstrates an absence of government control, both in law and in fact, with respect to its exports of the merchandise under review and thus determine Myland is eligible for separate-rate status. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes in the margin calculations for Myland. *See* Decision Memo at 4. In the preliminary results, the Department calculated a margin for Myland based on its reported data. However, for the final results, the Department has based its margin on total adverse facts available (“AFA”). *See Application of Adverse Facts Available for Myland Industrial Ltd. & Myland Buxin Foundry Ltd. in the Final Results of Antidumping Duty Administrative Review of Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China Memorandum* , from Eugene Degnan, Analyst, through Wendy J. Frankel, Director, dated November 21, 2006 (“ *Myland AFA Memorandum* ”). Adverse Facts Available Sections 776(a)(1) and
(2)of the Act provide that the Department shall apply “facts otherwise available” if necessary information is not on the record or an interested party or any other person
(A)withholds information that has been requested,
(B)fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and
(e)of section 782,
(C)significantly impedes a proceeding, or
(D)provides information that cannot be verified as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits and subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act provides that the Department “shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all applicable requirements established by the administering authority” if the information is timely, can be verified, is not so incomplete that it cannot be used, and if the interested party acted to the best of its ability in providing the information. Where all of these conditions are met, the statute requires the Department to use the information if it can do so without undue difficulties. Section 776(b) of the Act further provides that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Section 776(b) of the Act also authorizes the Department to use as AFA, information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. The Department finds that the information necessary to calculate an accurate and otherwise reliable margin is not available on the record with respect to Myland. In addition, the Department finds that Myland withheld information, failed to provide information requested by the Department in a timely manner and in the form required, and significantly impeded the Department's ability to calculate an accurate margin for Myland. Specifically, we determine that the application of facts available is necessary in this case because Myland did not report all of the inputs necessary to produce the subject merchandise ( *i.e.* , record evidence indicates that raw material inputs have not been reported accurately because the total of Myland's reported raw material inputs is less than the finished quantity for certain products) and Myland's cost reconciliation is neither complete nor accurate. *See* Decision Memo at Comment 1; *see also Application of Adverse Facts Available for Myland Industrial Ltd. & Myland Buxin Foundry Ltd. in the Final Results of Antidumping Duty Administrative Review of Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China Memorandum* , from Eugene Degnan, Analyst, through Wendy J. Frankel, Director, dated November 21, 2006 (“ *Myland AFA Memorandum* ”). Therefore, pursuant to sections 776(a)(1) and (2)(A),(B) and
(C)of the Act, the Department is resorting to facts otherwise available. In addition, in accordance with section 776(b) of the Act, the Department is applying an adverse inference in selecting the facts available rate as it has determined that Myland did not act to the best of its ability to cooperate with the Department in this administrative review because it did not report all of its inputs of raw materials. *See Myland AFA Memorandum* . As AFA we are applying the highest rate from the history of this proceeding, 75.50 percent, the PRC-wide rate from the less-than-fair-value final determination. *See Notice of Final Determination of Sales at Less Than Fair Value: Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China* 68 FR 7765 (February 18, 2003) (“ *Final Determination* ”). Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as information derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 concerning the subject merchandise. *See* Statement of Administrative Action (“SAA”) accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d Cong., 2d Sess. Vol.1 at 870 (1994). Corroborate means that the Department will satisfy itself that the secondary information to be used has probative value. *See* SAA at 870. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used. The Department, however, need not prove that the selected facts available are the best alternative information. *See* SAA at 869. To satisfy itself that the secondary information has probative the Department will, to the extent practicable, examine the reliability and relevance of the information used. *See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished from Japan, and Tapered Roller Bearings Four Inches or Less in Outside Diameter, and Components Thereof, from Japan: Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews* , 61 Fed. Reg. 57391, 57392 (Nov. 6, 1996) (unchanged in the final determination). Independent sources used to corroborate such evidence may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation. *See Notice of Preliminary Determination of Sales at Less Than Fair Value: High and Ultra-High Voltage Ceramic Station Post Insulators from Japan* , 68 FR 35627 (June 16, 2003) (unchanged in final determination); and, *Notice of Final Determination of Sales at Less Than Fair Value: Live Swine From Canada* , 70 FR 12181 (March 11, 2005). The reliability of the AFA rate was determined in the final determination of the investigation. *See Final Determination* . The Department has received no information to date that warrants revisiting the issue of the reliability of the rate calculation itself. *See e.g., Certain Preserved Mushrooms from the People's Republic of China: Final Results and Partial Rescission of the New Shipper Review and Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review* , 68 FR 41304, 41307-41308 (July 11, 2003). No information has been presented in the current review that calls into question the reliability of this information. Thus, the Department finds that the information contained in the order is reliable. With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal to determine whether a margin continues to have relevance. Where circumstances indicate that the selected margin is not appropriate as AFA, the Department will disregard the margin and determine an appropriate margin. For example, in *Fresh Cut Flowers from Mexico: Final Results of Antidumping Administrative Review* , 61 FR 6812 (February 22, 1996), the Department disregarded the highest margin in that case as adverse best information available (the predecessor to facts available) because the margin was based on another company's uncharacteristic business expense resulting in an unusually high margin. Similarly, the Department does not apply a margin that has been discredited. *See D&L Supply Co. V. United States* , 113 F.3d 1220, 1221 (Fed. Cir. 1997) which ruled that the Department will not use a margin that has been judicially invalidated. Nothing in the record of this review calls into question the relevance of the margin selected as AFA. Further, the selected margin is currently the PRC-wide rate. Moreover, this rate has not been invalidated judicially. Thus, it is appropriate to use the selected rate as AFA in the instant review. Therefore, we determine that the rate from the *Final Determination* continues to be relevant for use in this administrative review. As the recalculated *Final Determination* rate is both reliable and relevant, we determine that it has probative value. As a result, the Department determines that the *Final Determination* rate is corroborated for the purposes of this administrative review and may reasonably be applied to Myland as AFA. Accordingly, we determine that the *Final Determination* rate of 75.50 percent, which is the highest rate from any segment of this administrative proceeding, meets the corroboration criteria established in section 776(c) that secondary information have probative value. Final Results of Review We determine that the following percentage margin exists on exports of Non-Malleable Cast Iron Pipe Fittings from the PRC for the period April 1, 2004 through March 31, 2005: Non-Malleable Cast Iron Pipe Fittings from the PRC Producer/Manufacturer/Exporter Weighted-Average Margin (Percent) Myland 75.50 Assessment Rates The Department intends to issue assessment instructions to U.S. Customs and Border Protection (“CBP”) 15 days after the date of publication of these final results of administrative review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of NMP fittings from the PRC entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Act:
(1)for Myland, which has a separate rate, the cash deposit rate will be the company-specific rate shown above;
(2)for previously reviewed or investigated companies not listed above that have a separate rate, the cash deposit rate will continue to be the company-specific rate published for the most recent period;
(3)the cash deposit rate for all other PRC exporters will be 75.50 percent, the current PRC-wide rate; and
(4)the cash deposit rate for all non-PRC exporters will be the rate applicable to the PRC exporter that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (“APOs”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 21, 2006. David M. Spooner, Assistant Secretary for Import Administration. Appendix 1 Issues in the Decision Memorandum *Comment 1:* Adverse Facts Available for Missing Factors of Production *Comment 2:* Freight: Application of Sigma Rule *Comment 3:* Treatment of Sand and Riverbed Sand in Normal Value *Comment 4:* Treatment of Additional U.S. Inland Freight Revenues and Expenses *Comment 5:* Clerical Error in the Calculation of the Cost of Freight on Incoming Materials [FR Doc. E6-20366 Filed 11-30-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-351-806 Silicon Metal From Brazil: Notice of Intent to Rescind Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Globe Metallurgical Inc. (Globe), a domestic producer of silicon metal, the Department of Commerce initiated an administrative review of the antidumping duty order on silicon metal from Brazil. The period of review covers July 1, 2005, through June 30, 2006. Because the respondents reported that they had no sales or shipments to the United States during the period of review, we intend to rescind the review of these companies. EFFECTIVE DATE: December 1, 2006. FOR FURTHER INFORMATION CONTACT: Janis Kalnins at
(202)482-1392 or Minoo Hatten at
(202)482-1690, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (the Department) published an antidumping duty order on silicon metal from Brazil on July 31, 1991. See *Notice of Antidumping Duty Order: Silicon Metal from Brazil* 56 FR 36135 (July 31, 1991). On July 3, 2006, the Department published a notice of opportunity to request an administrative review of the antidumping duty order for the period of review covering July 1, 2005, through June 30, 2006. See *Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation* , 71 FR 37890 (July 3, 2006). In accordance with 19 CFR 351.213(b)(1), Globe requested an administrative review of this order with respect to the following respondents: Camarago Correa Metais S.A., Companhia Ferroligas de Minas Gerais-minasligas, Italmagnesio Nordeste S.A., and Ligas de Aluminio S.A. The Department published the initiation of the administrative review of the antidumping duty order on silicon metal from Brazil on August 8, 2006. See *Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 71 FR 51573 (August 30, 2006). Scope of the Order The merchandise covered by this order is silicon metal from Brazil containing at least 96.00 percent but less than 99.99 percent silicon by weight. Also covered by this order is silicon metal from Brazil containing between 89.00 and 96.00 percent silicon by weight but which contains more aluminum than the silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight. Silicon metal is currently provided for under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule
(HTS)as a chemical product but is commonly referred to as a metal. Semiconductor grade silicon (silicon metal containing by weight not less than 99.99 percent silicon and provided for in subheading 2804.61.00 of the HTS) is not subject to the order. Although the HTS item numbers are provided for convenience and customs purposes, the written description remains dispositive. Intent to Rescind Administrative Review The Department will rescind an administrative review with respect to an exporter or producer if the Department concludes that there were no entries, exports, or sales of the subject merchandise to the United States during the period of review. See 19 CFR 351.213(d)(3). In response to the Department's questionnaire, the respondents notified the Department that they had no entries, exports, or sales of the subject merchandise to the United States during the period of review. Globe submitted no information rebutting the respondent's responses. The Department conducted a customs data query to ascertain whether there were suspended entries of subject merchandise. See November 22, 2006, Memorandum to File entitled “Silicon Metal from Brazil: Customs Data Query.” Based on the data query, there is no evidence of entries or shipments of the subject merchandise by the respondents during the period of review. Therefore, we intend to rescind the review. In accordance with the Department's clarification of its assessment policy (see *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003)), in the event any entries were made during the period of review through intermediaries under U.S. Customs and Border Protection
(CBP)case numbers for these respondents, the Department will instruct CBP to liquidate such entries at the all-others rate in effect on the date of entry. Public Comment An interested party may request a hearing within 15 days of publication of this notice of intent to rescind. See 19 CFR 351.310(c). Any hearing, if requested, will be held 30 days after the date of publication, or the first working day thereafter. Interested parties may submit case briefs no later than 15 days after the date of publication of this notice of intent to rescind. See 19 CFR 351.309(c)(ii). Rebuttal briefs, limited to issues raised in case briefs, may be filed no later than five days after the time limit for filing the case brief. See 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument
(1)a statement of the issue,
(2)a brief summary of the argument, and
(3)a table of authorities. Further, parties submitting written comments should provide the Department with an additional copy of the public version of any such comments on diskette. The Department will issue the final notice, which will include the results of its analysis of issues raised in any such comments, or at a hearing, if requested, within 120 days of publication of this notice of intent to rescind. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d). Dated: November 27, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-20368 Filed 11-30-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-469-805 Stainless Steel Bar from Spain: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 1, 2006. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, 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)482-0665 and
(202)482-1690, respectively. SUPPLEMENTARY INFORMATION: Background At the request of an interested party, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on stainless steel bar from Spain for the period March 1, 2005, through February 28, 2006. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 25145 (April 28, 2006). The preliminary results of this administrative review are currently due no later than December 1, 2006. Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. If it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. We determine that it is not practicable to complete the preliminary results of this review by the current deadline of December 1, 2006. We require additional time to analyze supplemental questionnaire responses with respect to a number of cost issues in this administrative review. Therefore, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we are extending the time period for issuing the preliminary results of this review by 75 days, to February 13, 2006. This notice is published in accordance with sections 751(a)(3)(A) and 777 (i)(1) of the Act. Dated: November 27, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-20367 Filed 11-30-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 112706D] Endangered and Threatened Species; Take of Anadromous Fish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability and request for comment. SUMMARY: Notice is hereby given that NMFS has received an application from the Public Utility District No. 2 of Grant County (Grant PUD), the Washington Department of Fish and Wildlife (WDFW), and the Confederated Tribes and Bands of the Yakama Nation
(YN)for a direct take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed Permit is three years. This document serves to notify the public that the permit applications and the associated draft environmental assessment
(EA)are available for comment before a final decision on whether to issue a Finding of No Significant Impact is made by NMFS for take of upper Columbia River spring-run chinook salmon and steelhead. All comments received will become part of the public record and will be available for review pursuant to the ESA. DATES: Written comments on the application and draft EA must be received at the appropriate address or fax number (see ADDRESSES ) no later than 5 p.m. Pacific standard time January 2, 2007. ADDRESSES: Written comments on the application should be sent to Kristine Petersen, National Marine Fisheries Services, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, Suite 1100, Portland, OR 97232. Comments may also be submitted by e-mail to: *whiteriver.nwr@noaa.gov* . Include in the subject line of the e-mail comment the following identifier: “Comments on White River program”. Comments may also be sent via facsimile
(fax)to
(503)872-2737. Requests for copies of the permit application should be directed to the National Marine Fisheries Services, Salmon Recovery Division, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232. The documents are also available on the Internet at *www.nwr.noaa.gov* . Comments received will be available for public inspection by appointment during normal business hours by calling
(503)230-5409. FOR FURTHER INFORMATION CONTACT: Kristine Petersen at
(503)230-5409 or e-mail: *kristine.petersen@noaa.gov* . SUPPLEMENTARY INFORMATION: This notice is relevant to the following species and evolutionarily significant units
(ESUs)or distinct population segments (DPSs): 1. Chinook salmon ( *O. tshawytscha* ): endangered, upper Columbia River spring-run. 2. Steelhead ( *Oncorhynchus mykiss* ): threatened, naturally produced and artificially propagated Upper Columbia River. Background Section 9 of the ESA and Federal regulations prohibit the “taking” of a species listed as endangered or threatened. The term “take” is defined under the ESA to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. NMFS may issue permits to take listed species for any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species, under section 10(a)(1)(A) of the ESA. NMFS regulations governing permits for threatened and endangered species are promulgated at 50 CFR 222.307. NEPA requires Federal agencies to conduct an environmental analysis of their proposed actions to determine if the actions may affect the human environment. NMFS expects to take action on two ESA section 10(a)(1)(A) submittals received from the applicants. Therefore NMFS is seeking public input on the scope of the required NEPA analysis, including the range of reasonable alternatives and associated impacts of any alternatives. In an application received on August 27, 2006, the Grant PUD submitted an application to NMFS for an ESA section 10(a)(1)(A) permit for the direct take of ESA-listed upper Columbia River spring Chinook salmon from the White River in Chelan County, in order to carry out an artificial propagation (hatchery) program to enhance the species. The purpose of this program is to prevent the extinction of, conserve, and ultimately restore the naturally spawning White River spring Chinook salmon spawning aggregate, which is part of the Wenatchee population within the upper Columbia River basin. This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of section 10(a)(1)(A) of the ESA. If it is determined that the requirements are met, a permit will be issued jointly to the Grant PUD, the WDFW, and the YN for the purpose of carrying out the enhancement program. NMFS will publish a record of its final action in the **Federal Register** . The general effects on the environment considered include the impacts on the physical, biological, and socioeconomic environments of the upper Columbia River Basin, particularly in the Wenatchee River Subbasin in which the program is located. Dated: November 28, 2006. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-20377 Filed 11-30-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 112706C] Pacific Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The Pacific Fishery Management Council's (Council) Scientific and Statistical Committee is hosting a public workshop, which is open to the public, on December 18-20, 2006. The primary purpose of the meetings is to evaluate aspects of the Council's groundfish harvest policies and assessment methodologies. DATES: The workshop is scheduled to begin at 9 a.m. on Monday, December 18, 2006 and conclude at 12 p.m. on Wednesday, December 20, 2006. The workshop will start at 9 a.m. each day and on end at 5 p.m. on Monday and Tuesday, or as necessary to complete each day's business. ADDRESSES: All meetings will be held at the National Marine Fisheries Service, Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, CA 92037; telephone:
(858)546-7000. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Mr. John DeVore, Pacific Fishery Management Council; telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: The workshop will address the following three issues:
(1)Evaluate the performance of the 40-10 harvest policy for stocks with different life history and stock-recruit patterns,
(2)Evaluate alternative methods to estimate proxies for initial or unfished biomass
(B0)and the biomass that produces maximum sustainable yield
(BMSY)and provide recommendations on their use, and
(3)Provide recommendations on the use of priors for key assessment parameters in stock assessment models. Parameter for which priors could potentially be useful include natural mortality, stock-recruit, steepness, survey catchability, and recruitment variability. Workshop participants will develop guidance for stock assessment authors and provide recommendations for consideration by the Council and its advisory bodies. No management actions will be decided at this workshop. Although non-emergency issues not contained in the meeting agendas may be discussed, those issues may not be the subject of formal action during these meetings. Advisory body action will be restricted to those issues specifically listed 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 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 Ms. Carolyn Porter at
(503)820-2280 at least 5 days prior to the meeting date. Dated: November 28, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-20320 Filed 11-30-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Ronald E. McNair Postbaccalaureate Achievement (McNair) Program; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2007 *Catalog of Federal Domestic Assistance
(CFDA)Number:* 84.217A. *Dates: Applications Available:* December 1, 2006. *Deadline for Transmittal of Applications:* January 31, 2007. *Deadline for Intergovernmental Review:* April 2, 2007. *Eligible Applicants:* Institutions of higher education and consortia of those institutions. *Estimated Available Funds:* The Administration requested $380,100,000 for the Federal TRIO Programs for FY 2007, $41,900,000 of which we intend to use for new awards for the McNair Program. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program. *Estimated Range of Awards:* $220,000-$365,000. *Estimated Average Size of Awards:* $234,000. *Maximum Award:* We will not fund any application at an amount exceeding the maximum amounts specified below for a single budget period of 12 months. We may choose not to further consider or review applications with budgets that exceed the maximum amounts specified below, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount. • For an applicant who is not currently receiving a McNair Program grant, the maximum award amount is $220,000 for a project that will serve a minimum of 25 participants. • For an applicant who is currently receiving a McNair Program grant, the maximum award is the greater of
(a)$220,000 or
(b)an amount equal to $9,000 multiplied by the number of participants the applicant is proposing to serve, not to exceed 105 percent of the applicant's grant award amount for FY 2006. *Estimated Number of Awards:* 180. Note: The Department is not bound by any estimates in this notice. *Project Period:* Four years except applicants whose peer review scores are within the highest ten percent of scores of all applicants receiving awards will receive five-year awards. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the McNair Program is to award grants to institutions of higher education for projects designed to provide disadvantaged college students with effective preparation for doctoral study. *Program Authority:* 20 U.S.C. 1070a-11 and 1070a-15. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, and 86.
(b)The regulations for this program in 34 CFR part 647. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* The Administration requested $380,100,000 for the Federal TRIO Programs for FY 2007, $41,900,000 of which we intend to use for new awards for the McNair Program. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program. *Estimated Range of Awards:* $220,000-$365,000. *Estimated Average Size of Awards:* $234,000. *Maximum Award:* We will not fund any application at an amount exceeding the maximum amounts specified below for a single budget period of 12 months. We may choose not to further consider or review applications with budgets that exceed the maximum amounts specified below, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount. • For an applicant who is not currently receiving a McNair Program grant, the maximum award amount is $220,000 for a project that will serve a minimum of 25 participants. • For an applicant who is currently receiving a McNair Program grant, the maximum award is the greater of
(a)$220,000 or
(b)an amount equal to $9,000 multiplied by the number of participants the applicant is proposing to serve, not to exceed 105 percent of the applicant's grant award amount for FY 2006. *Estimated Number of Awards:* 180. Note: The Department is not bound by any estimates in this notice. *Project Period:* Four years except applicants whose peer review scores are within the highest ten percent of scores of all applicants receiving awards will receive five-year awards. III. Eligibility Information 1. *Eligible Applicants:* Institutions of higher education and consortia of those institutions. 2. *Cost Sharing or Matching:* This program does not involve cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* Eileen S. Bland, U.S. Department of Education, 1990 K Street, NW., suite 7000, Washington, DC 20006-8510. Telephone:
(202)502-7600 or by e-mail: *TRIO@ed.gov* . If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package and instructions for this program. Page Limit: The program narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the program narrative (Part III) to the equivalent of no more than 50 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. Page numbers and an identifier may be within the 1″ margin. • Double space (no more than three lines per vertical inch) all text in the application narrative, *except* titles, headings, footnotes, quotations, references, captions, and all text in charts, tables, and graphs, which may be single spaced. • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. Applications submitted in any other font (including Times Roman and Arial Narrow) will be rejected. • Use not less than 12-point font. The page limit does not apply to Part I, the Application for Federal Assistance (SF 424) and Department of Education Supplemental Information Required for SF 424; Part II, the Budget Information Summary Form (ED Form 524); Part III-A, McNair Program Profile; and Part IV, Department of Education Certifications and Assurances and Survey forms. The page limit also does not apply to the General Education Provisions Act
(GEPA)statement nor does it apply to a table of contents. If you include any attachments or appendices not specifically requested, these items will be counted as part of the program narrative (Part III) for purposes of the page limit requirement. You must include your complete response to the selection criteria in the program narrative (Part III). We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* December 1, 2006. *Deadline for Transmittal of Applications:* January 31, 2007. Applications for grants under this program must be submitted electronically using the *Grants.gov* Apply site ( *Grants.gov* ). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. *Deadline for Intergovernmental Review:* April 2, 2007. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the McNair Program—CFDA Number 84.217A must be submitted electronically using the *Grants.gov* Apply site at: *http://www.Grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement* . You may access the electronic grant application for the McNair Program at: *http://www.Grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search ( *e.g.* , search for 84.326, not 84.326A). Please note the following: • When you enter the *Grants.gov* site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by *Grants.gov* are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the *Grants.gov* system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the *Grants.gov* system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from *Grants.gov* , we will notify you if we are rejecting your application because it was date and time stamped by the *Grants.gov* system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through *Grants.gov* . • You should review and follow the Education Submission Procedures for submitting an application through *Grants.gov* that are included in the application package for this program to ensure that you submit your application in a timely manner to the *Grants.gov* system. You can also find the Education Submission Procedures pertaining to *Grants.gov* at: *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via *Grants.gov* , you must complete all the steps in the *Grants.gov* registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the *Grants.gov* 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via *Grants.gov* . In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive from *Grants.gov* an automatic notification of receipt that contains a *Grants.gov* tracking number. (This notification indicates receipt by *Grants.gov* only, not receipt by the Department.) The Department then will retrieve your application from *Grants.gov* and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through *Grants.gov* , please contact the *Grants.gov* Support Desk at 1-800-518-4726. You must obtain a *Grants.gov* Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the *Grants.gov* system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT and provide an explanation of the technical problem you experienced with *Grants.gov* , along with the *Grants.gov* Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the *Grants.gov* system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the *Grants.gov* system. We will not grant you an extension if you failed to fully register to submit your application to *Grants.gov* before the application deadline date and time or if the technical problem you experienced is unrelated to the *Grants.gov* system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the *Grants.gov* system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the *Grants.gov system* ; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Linda Byrd-Johnson, U.S. Department of Education, 1990 K Street, NW., suite 7000, Washington, DC 20006-8510. FAX:
(202)219-7074. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.217A), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.217A), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.217A), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are from 34 CFR 647.21 and are listed in the application package for this competition. Note: Under the “Objectives” selection criterion, in 34 CFR 647.21(b), applicants must provide data that address both process and outcome objectives as listed on the McNair Program Profile relative to the purpose of the McNair Program as described in 34 CFR 647.1. The McNair Program Profile (Part III-A) in the application package details specific information that applicants must submit regarding four specific process and outcome objectives listed in the profile. Applicants may, but are not required to, develop additional objectives for their projects. 2. *Review and Selection Process:* The Secretary will select applications for funding in rank-order, based on each application's total score for the selection criteria and prior experience, pursuant to 34 CFR 647.20 through 647.22. If, after the approval of higher-ranked applications, there are insufficient funds for two or more applications with the same total scores, the Secretary will choose among the tied applications to achieve an equitable geographical distribution of all new projects. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditures information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* The success of the McNair Program is measured by the increase in the percentage of McNair Program participants who enroll in and persist in graduate school. All McNair Program grantees will be required to submit an annual performance report regarding this measure. VII. Agency Contact *For Further Information Contact:* Eileen S. Bland, U.S. Department of Education, 1990 K Street, NW., suite 7000, Washington, DC 20006-8510. Telephone:
(202)502-7600 or by e-mail: *TRIO@ed.gov* . If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: November 28, 2006. James F. Manning, Acting Assistant Secretary for Postsecondary Education. [FR Doc. E6-20370 Filed 11-30-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Advisory Committee Student Financial Assistance: Hearing AGENCY: Advisory Commission on Student Financial Assistance, Education. ACTION: Notice of upcoming hearing. SUMMARY: This notice sets forth the schedule and proposed agenda of a forthcoming hearing of the Advisory Committee on Student Financial Assistance (The Advisory Committee). Individuals who will need accommodations for a disability in order to attend the hearing (i.e., interpreting services, assistive listening devices, and/or materials in alternative format) should notify the Advisory Committee no later than Monday, December 11, 2006, by contacting Ms. Hope Gray at
(202)219-2099 or via e-mail at *Hope.Gray@ed.gov.* We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The hearing site is accessible to individuals with disabilities. This notice also describes the functions of the Advisory Committee. Notice of this hearing is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public. DATES: Monday, December 18, 2006, beginning at 9:30 a.m. and ending at approximately 3:30 p.m. ADDRESSES: The University of Illinois at Chicago, Student Service Building, Conference Room B/C, 1200 W. Harrison Street, Chicago, IL 60611. FOR FURTHER INFORMATION CONTACT: Ms. Erin B. Renner, Director of Government Relations or Ms. Julie J. Johnson, Assistant Director, Advisory Committee on Student Financial Assistance, Capitol Place, 80 F Street, NW., Suite 413, Washington, DC 20202-7582,
(202)219-2099. SUPPLEMENTARY INFORMATION: The Advisory Committee on Student Financial Assistance is established under Section 491 of the Higher Education Act of 1965 as amended by Public Law 100-50 (20 U.S.C. 1098). The Advisory Committee serves as an independent source of advice and counsel to the Congress and the Secretary of Education on student financial aid policy. Since its inception, the congressional mandate requires the Advisory Committee to conduct objectives, nonpartisan, and independent analyses on important aspects of the student assistance programs under Title IV of the Higher Education Act, and to make recommendations that will result in the maintenance of access to postsecondary education for low- and middle-income students. In addition, Congress expanded the Advisory Committee's mission in the Higher Education Amendments of 1998 to include several important areas: access, Title IV modernization, distance education, and early information and needs assessment. Specifically, the Advisory Committee is to review, monitor and evaluate the Department of Education's progress in these areas and report recommended improvements to Congress and the Secretary. The Advisory Committee has scheduled the hearing on Monday, December 18 in Chicago, IL, to conduct activities related to its congressionally requested study to make textbooks more affordable (Textbook Study). This one-year study, which was requested by members of the Education and the Workforce Committee of the U.S. House of Representatives, will investigate further the problem of rising textbook prices; determine the impact of rising textbook prices on students' ability to afford a postsecondary education; and make recommendations to Congress, the Secretary, and other stakeholders on what can be done to make textbooks more affordable for students. Over the course of the study, the Committee will conduct three field hearings that will include testimony from stakeholders around the country who are currently working to make textbooks more affordable for students. The proposed agenda includes expert testimony and discussions by prominent higher education community leaders, state representatives, and institutions who will share what they are doing to make textbooks more affordable for students. The Advisory Committee will also conduct a roundtable discussion among Advisory Committee members and panelists on its recently released report on the impact of financial barriers on bachelor's degree attainment, titled *Mortgaging Our Future: How Financial Barriers to College Undercut America's Global Competitiveness.* This report can be accessed at the following Web address: *http://www.ed.gov/about/bdscomm/list/acsfa/mof.pdf.* The Advisory Committee invites the public to submit written comments on the Textbook Study to the following e-mail address: *ACSFA@ed.gov.* Information regarding the Textbook Study will also be available on the Advisory Committee's Web site, *http://www.ed.gov/ACSFA.* To be included in the hearing materials, we must receive your comments on or before Monday, December 11, 2006; additional comments should be provided to the Committee no later than January 29, 2007. Space for the hearing is limited and you are encouraged to register early if you plan to attend. You may register by sending an e-mail to the following address: *ACSFA@ed.gov* or *Tracy.Deanna.Jones@ed.gov.* Please include your name, title, affiliation, complete address (including internet and e-mail address, if available), and telephone and fax numbers. If you are unable to register electronically, you may fax your registration information to the Advisory Committee staff office at
(202)219-3032. You may also contact the Advisory Committee staff directly at
(202)219-2099. The registration deadline is Monday, December 11, 2006. Records are kept for Advisory Committee proceedings, and are available for inspection at the Office of the Advisory Committee on Student Financial Assistance, Capitol Place, 80 F Street, NW.—Suite 413, Washington, DC from the hours of 9 am to 5:30 pm Monday through Friday, except Federal holidays. Information regarding the Advisory Committee is available on the Committee's Web site, *http://www.ed.gov/ACSFA.* Dr. William J. Goggin, Executive Director, Advisory Committee on Student Financial Assistance. [FR Doc. 06-9478 Filed 11-30-06; 8:45 am]
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CFR
- Sunset reviews under section 751(c) of the Act.§ 351.218
- Central Records Unit and Administrative Protective Order and Dockets Unit.§ 351.103
- Filing, document identification, format, translation, service, and certification of documents.§ 351.303
- Definitions.§ 351.102
- Subsidy extinguishment from changes in ownership.§ 351.526
- Extension of time limits; return of untimely filed or unsolicited material.§ 351.302
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Calculation of export price and constructed export price; reimbursement of antidumping and countervailing duties.§ 351.402
- Access to business proprietary information.§ 351.305
- Hearings.§ 351.310
- Written argument.§ 351.309
- What selection criteria does the Secretary use?§ 647.21
- What is the Ronald E. McNair Postbaccalaureate Achievement Program?§ 647.1
- How does the Secretary decide which new grants to make?§ 647.20
- Requirements for a continuation award.§ 75.118
U.S. Code
register
9 references not yet in our index
- 19 CFR 351.304-306
- 19 CFR 351
- 61 FR 57391
- 113 F.3d 1220
- 50 CFR 222.307
- 34 CFR 647
- 34 CFR 79
- 34 CFR 86
- Pub. L. 100-50
Citation graph
cites case law
Notices
Notice of Upcoming Sunset Reviews
F. App'x113 F.3d 1220
Cite19 CFR 351.304-306
Cite19 CFR 351
Cites 27 · showing 12Cited by 0 across 0 sources