Notices. Notification of determinations of overfishing, and a need to revise a rebuilding plan
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BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 011807C] Fisheries of the Northeast Region; Fisheries of the Southeast Region; Fisheries off West Coast States; and Fisheries in the Western Pacific AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of determinations of overfishing, and a need to revise a rebuilding plan. SUMMARY: This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that overfishing is occurring in fisheries for northeast winter skate; Gulf of Mexico
(GOM)gag and gray triggerfish; and Eastern Pacific Ocean yellowfin tuna. NMFS has also determined that the rebuilding plan for GOM greater amberjack needs to be revised. NMFS notified the respective regional fishery management councils (Councils) responsible for these fisheries of its determinations by letter. The Councils are required to take action within one year following NMFS notification that overfishing is occurring or a stock is approaching overfishing, a stock is overfished or approaching an overfished condition, or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress. FOR FURTHER INFORMATION CONTACT: Mark Millikin, telephone:
(301)713-2341. SUPPLEMENTARY INFORMATION: Pursuant to sections 304(e)(2) and (e)(7) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1854(e)(2) and (e)(7), and implementing regulations at 50 CFR 600.310(e)(2), NMFS sends written notification to fishery management councils when overfishing is occurring or a stock is approaching overfishing; a stock is overfished or approaching an overfished condition, or existing action taken to end previously identified overfishing or rebuilding a previously identified overfished stock or stock complex has not resulted in adequate progress. On October 11, 2006, the NMFS Southeast Regional Administrator sent a letter, notifying the Gulf of Mexico Fishery Management Council (GOM Council) that overfishing is occurring in GOM gag and gray triggerfish. Pursuant to section 304(e)(7) of the Magnuson-Stevens Act , NMFS also notified the GOM Council in the same letter that the rebuilding plan for GOM greater amberjack needs to be revised so that it can still rebuild to the stock's target biomass (B msy ) by the end of the time frame for that stock's rebuilding plan. On October 17, 2006, the NMFS Northeast Regional Administrator sent a letter notifying the New England Fishery Management Council that overfishing is occurring in the winter skate fishery. On October 25, 2006, the NMFS Southwest Regional Administrator sent a letter notifying the Pacific Fishery Management Council that overfishing is occurring on the Eastern Pacific Ocean stock of yellowfin tuna. Copies of the notification letters sent to the fishery management councils for the aforementioned determinations are available at *http://www.nmfs.noaa.gov/sfa/statusoffisheries/SOSmain.htm* . Within one year of a notification under Magnuson-Stevens Act sections 304(e)(2) or (e)(7), the respective Council must take remedial action in response to the notification, to end overfishing if overfishing is occurring; rebuild an overfished stock or stock complex to the abundance that can produce maximum sustainable yield within an appropriate time frame; prevent overfishing from occurring if a stock is approaching overfishing; and/or prevent a stock from becoming overfished if it is approaching an overfished condition (see implementing regulations at 50 CFR 600.310(e)(3)). Such action must be submitted to NMFS within one year of notification and may be in the form of a new fishery management plan (FMP), an FMP amendment, or proposed regulations. Dated: January 29, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-1659 Filed 1-31-07; 8:45 am] BILLING CODE 3510-22-S CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), has submitted a public information collection request
(ICR)entitled AmeriCorps*NCCC Service Project Application to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Mr. Charles Davenport at
(202)606-7516. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call
(202)565-2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in this **Federal Register:**
(1)By fax to:
(202)395-6974, Attention: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service; and
(2)Electronically by e-mail to: *Katherine_T._Astrich@omb.eop.gov* . SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and • Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Comments A 60-day public comment Notice was published in the **Federal Register** on September 19, 2006. This comment period ended November 20, 2006. No comments were received. *Description:* The Corporation is seeking to renew with minor revisions its AmeriCorps*NCCC Service Project Application, OMB Control Number 3045-0010. The Service Project Application is used to collect information from potential AmeriCorps*NCCC service project sponsors to assist with the development of service projects that will receive the support of AmeriCorps members. *Type of Review:* Renewal. *Agency:* Corporation for National and Community Service. *Title:* AmeriCorps*NCCC Service Project Application Form. *OMB Number:* 3045-0010. *Agency Number:* None. *Affected Public:* Organizations seeking AmeriCorps*NCCC assistance. *Total Respondents:* 700. *Frequency:* Annually. *Average Time Per Response:* Seven hours. *Estimated Total Burden Hours:* 4,900 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Dated: January 25, 2007. Merlene Mazyck, Director, AmeriCorps*National Civilian Community Corps. [FR Doc. E7-1577 Filed 1-31-07; 8:45 am] BILLING CODE 6050-$$-P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Proposed Information Collection Renewal; Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning the proposed revision of its Peer Reviewer Application (OMB Number 3045-0090). Copies of the forms can be obtained by contacting the office listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the individual and office listed in the ADDRESSES section by April 2, 2007. ADDRESSES: You may submit comments, identified by the title of the information collection activity, to the Corporation by any of the following methods:
(1)Electronically through the Corporation's e-mail address system to: Vielka Garibaldi at *vgaribaldi@cns.gov.*
(2)By fax to 202-606-3477, Attention: Vielka Garibaldi.
(3)By mail sent to: Corporation for National and Community Service, Office of Grant Policy and Operations, 9th Floor, Attn: Vielka Garibaldi, Associate Director for Grant Review Operations, Room 9807; 1201 New York Avenue NW., Washington, DC 20525.
(4)By hand delivery or by courier to the Corporation's mailroom at 1225 New York Avenue, 8th Floor (Suite 8100) at the mail address given in paragraph
(3)above, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. ADDRESSES: Send comments to Vielka Garibaldi, Corporation for National and Community Service, 1201 New York Ave., NW., Washington, DC 20525. FOR FURTHER INFORMATION CONTACT: Vielka Garibaldi,
(202)606-6886, or by e-mail at *vgaribaldi@cns.gov.* SUPPLEMENTARY INFORMATION: The Corporation is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Background The Corporation for National and Community Service (the Corporation) connects Americans of all ages and backgrounds with opportunities to give back to their communities and country through three programs: AmeriCorps, Learn and Serve America, and Senior Corps. The Corporation provides grants to support people and organizations that use service as a strategy for addressing national and community needs. As part of its review process the Corporation uses peer reviewers to determine the quality of the grant applications we receive. The peer reviewer application forms are used by individuals wishing to serve as peer reviewers or peer review panel facilitators for the Corporation grant review processes. The information collected will be used by the Corporation to select peer reviewers for each grant competition. All individuals interested in applying as peer reviewers or facilitators of the peer review panels will be required to complete an electronic application using eGrants, the Corporation's Web-based grant management system. Current Action The Corporation seeks to renew and revise the current peer reviewer application form. When revised, the application will revise/clarify eGrants instructions to reflect adjustments to the Corporation for National and Community Service's web-based system for grant management. The application will otherwise be used in the same manner as the existing application. The Corporation also seeks to continue using the current application until the revised application is approved by OMB. The current application is due to expired on October 31, 2007. Modifications include instructions related to log-in into e-Grants and enhancements to the personal profile, contact information section, and areas or expertise. *Type of Review:* Renewal. *Agency:* Corporation for National and Community Service. *Title:* Peer Reviewer Application. *OMB Number:* 3045-0090. *Agency Number:* None. *Affected Public:* Individuals who are interested in serving as a peer reviewer or peer review panel facilitator. *Total Respondents:* 2,500 responses annually. *Frequency:* One time to complete and update as needed. *Average Time Per Response:* Total of 40 minutes. *Estimated Total Burden Hours:* 1,666 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: January 26, 2007. Marlene Zakai, Director, Office of Grants Policy and Operation. [FR Doc. E7-1578 Filed 1-31-07; 8:45 am] BILLING CODE 6050-$$-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before March 5, 2007. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: January 25, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Special Education and Rehabilitative Services *Type of Review:* Extension. *Title:* Application for Grants under Disability and Rehabilitation Research. *Frequency:* Annually. *Affected Public:* Not-for-profit institutions; Individuals or household; Businesses or other for-profit; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 1,000. *Burden Hours:* 20,000. *Abstract:* NIDRR provides grants for research and related activities in Rehabilitation of Individuals with disabilities. The grant application package contains program profiles, standard forms, program regulations, sample rating forms, and transmitting instructions. Applicants are primarily institutions of higher education, but may also include hospitals, State Rehabilitation education agencies and voluntary and profit organizations. The public will note that there have been no changes to the collection's contents since it was last available to them. This information collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1890-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3258. When you access the information collection, click on “Download Attachments “ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E7-1594 Filed 1-31-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before April 2, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: January 26, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Extension. *Title:* What Works Clearinghouse Database Forms and Customer Surveys. *Frequency:* On Occasion. *Affected Public:* Individuals or household; Businesses or other for-profit; Not-for-profit institutions; Federal Government; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 7,273. *Burden Hours:* 861. *Abstract:* The What Works Clearinghouse
(WWC)public submission databases will allow members of the public to submit nominations for studies, interventions, and topics that they would like the WWC to review. The evaluator database will enable the WWC to provide the public with a directory of available evaluators. Data from the customer surveys will be used to create indicators of how successfully the WWC is meeting the needs of various groups of its users. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3273. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E7-1596 Filed 1-31-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before April 2, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, *e.g.,* new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: January 26, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* The Effect of Connected Mathematics 2(CM2) on the Math Achievement of Middle School Students. *Frequency:* Monthly; Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; Individuals or household; Businesses or other for-profit. *Reporting and Recordkeeping Hour Burden:* *Responses:* 11,410. *Burden Hours:* 3,488. *Abstract:* This study will address the methodological flaws in the existing research base on Connected Mathematics 1
(CM1)by incorporating methodological lessons from the What Works Clearinghouse review of CM1, as reported in the Intervention Report on the website, into the current study design of Connected Mathematics 2 (CM2). This will, to our knowledge, be the first formal study to look at the efficacy of CM2. Understanding the effects of curricula like CM2 will provide more evidence for ED in developing evidence-based approaches to mathematics instruction and informing parents and schools about those approaches. The primary respondents in this study will be 6th grade math students and their teachers. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3271. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW, Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E7-1597 Filed 1-31-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Innovation and Improvement; Overview Information; Credit Enhancement for Charter School Facilities Program; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2007 *Catalog of Federal Domestic Assistance
(CFDA)Number:* 84.354A. *Dates:* Applications Available: February 1, 2007. *Date of Pre-Application Meeting:* March 20, 2007. *Deadline for Transmittal of Applications:* April 2, 2007. *Deadline for Intergovernmental Review:* June 1, 2007. *Eligible Applicants:*
(A)A public entity, such as a State or local governmental entity;
(B)A private, nonprofit entity; or
(C)A consortium of entities described in
(A)and (B). Note: The Secretary will make, if possible, at least one award in each of the three categories of eligible applicants. *Estimated Available Funds:* The Administration has requested $36,611,190 for this program for FY 2007. 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. Contingent upon the availability of funds and the quality of applications, we may make additional awards in future years from the list of unfunded applications from this competition. Note: The Department is not bound by any estimates in this notice. *Project Period:* From the start date indicated on the grant award document until the Federal funds and earnings on those funds have been expended for the grant purposes or until financing facilitated by the grant has been retired, whichever is later. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* This program provides grants to eligible entities to permit them to enhance the credit of charter schools so that they can access private-sector and other non-Federal capital in order to acquire, construct, and renovate facilities at a reasonable cost. Grant projects awarded under this program will be of sufficient size, scope, and quality to enable the grantees to implement effective strategies for reaching that objective. *Priority:* In accordance with 34 CFR 75.105(b)(2)(ii), this priority is from the regulations for this program (34 CFR 225.12). *Competitive Preference Priority:* For FY 2007 and any subsequent year in which we make awards based on the list of unfunded applications from this competition, this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 15 points to an application, depending on how well the application meets this priority. This priority is: The capacity of charter schools to offer public school choice in those communities with the greatest need for school choice based on—
(1)The extent to which the applicant would target services to geographic areas in which a large proportion or number of public schools have been identified for improvement, corrective action, or restructuring under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001;
(2)The extent to which the applicant would target services to geographic areas in which a large proportion of students perform below proficient on State academic assessments; and
(3)The extent to which the applicant would target services to communities with large proportions of students from low-income families. *Program Authority:* 20 U.S.C. 7223-7223j. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99.
(b)The regulations for this program in 34 CFR part 225. 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 only to institutions of higher education. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* The Administration has requested $36,611,190 for this program for FY 2007. 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. Contingent upon the availability of funds and the quality of applications, we may make additional awards in future years from the list of unfunded applications from this competition. Note: The Department is not bound by any estimates in this notice. *Project Period:* From the start date indicated on the grant award document until the Federal funds and earnings on those funds have been expended for the grant purposes or until financing facilitated by the grant has been retired, whichever is later. III. Eligibility Information 1. *Eligible Applicants:*
(A)A public entity, such as a State or local governmental entity;
(B)A private, nonprofit entity; or
(C)A consortium of entities described in
(A)and (B). Note: The Secretary will make, if possible, at least one award in each of the three categories of eligible applicants. 2. *Cost Sharing or Matching:* This program does not involve any cost sharing or matching. 3. *Other:* The charter schools that a grantee selects to benefit from this program must meet the definition of a charter school, as defined in section 5210(1) of the ESEA, as amended. IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. You may also contact ED Pubs at its Web site: *http://www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.354A. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting one of the program contact persons listed under For Further Information Contact in section VII of this notice. In addition, applications will be available at *http://www.ed.gov/programs/charterfacilities/applicant.html* 2. *Content and Form of Application Submission:* Each Credit Enhancement for Charter School Facilities program application must include the following specific elements:
(a)A statement identifying the activities proposed to be undertaken with grant funds (the “grant project”), including how the applicant will determine which charter schools will receive assistance, and how much and what types of assistance these schools will receive.
(b)A description of the involvement of charter schools in the application's development and in the design of the proposed grant project.
(c)A description of the applicant's expertise in capital markets financing. (Consortium applicants must provide this information for each of the participating organizations.)
(d)A description of how the proposed grant project will leverage the maximum amount of private-sector and other non-Federal capital relative to the amount of Credit Enhancement for Charter School Facilities program funding used and how the proposed grant project will otherwise enhance credit available to charter schools.
(e)A description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought.
(f)In the case of an application submitted by a State governmental entity, a description of current and planned State funding actions including other forms of financial assistance that ensure that charter schools within the State receive the funding they need to have adequate facilities. Additional requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. Page Limit: We have found that reviewers are able to conduct the highest-quality review when applications are concise and easy to read. Applicants are encouraged to limit their applications to no more than 40 double-spaced pages (not including the required forms and tables), to use a 12-point or larger-size font with one-inch margins at the top, bottom, and both sides, and to number pages consecutively. Furthermore, applicants are strongly encouraged to include a table of contents that specifies where each required part of the application is located. 3. *Submission Dates and Times:* Applications Available: February 1, 2007. Date of Pre-Application Meeting: March 20, 2007. Deadline for Transmittal of Applications: April 2, 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. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under For Further Information Contact. Deadline for Intergovernmental Review: June 1, 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:*
(a)*Reserve accounts.* Grant recipients, in accordance with State and local law, must deposit the grant funds they receive under this program (other than funds used for administrative costs) in a reserve account established and maintained by the grantee for this purpose. Amounts deposited in such account shall be used by the grantee for one or more of the following purposes in order to assist charter schools in accessing private-sector and other non-Federal capital:
(1)Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein.
(2)Guaranteeing and insuring leases of personal and real property.
(3)Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools.
(4)Facilitating the issuance of bonds by charter schools or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (such as the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). Funds received under this program and deposited in the reserve account must be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. Any earnings on funds, including fees, received under this program must be deposited in the reserve account and be used in accordance with the requirements of this program.
(b)*Charter school objectives.* An eligible entity receiving a grant under this program must use the funds deposited in the reserve account to assist charter schools in accessing capital to accomplish one or both of the following objectives:
(1)The acquisition (by purchase, lease, donation, or otherwise) of an interest (which may be an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school.
(2)The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.
(c)*Other.* Grantees must ensure that all costs incurred using funds from the reserve account are reasonable. The full faith and credit of the United States are not pledged to the payment of funds under such obligation. Applicants that are selected to receive an award must enter into a written Performance Agreement with the Department prior to drawing down funds, unless the grantee receives written permission from the Department in the interim to draw down a specific limited amount of funds. Grantees must maintain and enforce standards of conduct governing the performance of their employees, officers, directors, trustees, and agents engaged in the selection, award, and administration of contracts or agreements related to this grant. The standards of conduct must mandate disinterested decision-making. A grantee may use not more than 0.25 percent (one quarter of one percent) of the grant funds for the administrative costs of the grant. The Secretary, in accordance with chapter 37 of title 31, United States Code, will collect all of the funds in the reserve account established with grant funds (including any earnings on those funds) if the Secretary determines that the grantee has permanently ceased to use all or a portion of the funds in such account to accomplish the purposes described in the authorizing statute and the Performance Agreement or, if not earlier than two years after the date on which the entity first receives these funds, the entity has failed to make substantial progress in undertaking the grant project. The charter schools that a grantee selects to benefit from this program must meet the definition of a charter school, as defined in section 5210(1) of the ESEA, as amended.
(d)We reference additional 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 Credit Enhancement for Charter School Facilities Program—CFDA Number 84.354A must be submitted electronically using the Governmentwide 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 Credit Enhancement for Charter School Facilities Program at *http://www.Grants.gov.* You must search for the downloadable application package for this program or competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.354, not 84.354A). 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 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: Ann Margaret Galiatsos or Jim Houser, U.S. Department of Education, 400 Maryland Avenue, SW., Room 4W245, Washington, DC 20202-6140. FAX:
(202)205-5630. 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 84.354A), 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 84.354A), 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.
(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.
(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 84.354A), 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 225.11 and are listed in this section. The maximum score for all the selection criteria is 100 points. The maximum score for each criterion is indicated in parentheses. Each criterion also includes the factors that the reviewers will consider to determine how well an application meets the criterion. We encourage applicants to make explicit connections to the selection criteria and factors in their applications. A. *Quality of project design and significance.* (35 points) In determining the quality of project design and significance, the Secretary considers—
(1)The extent to which the grant proposal would provide financing to charter schools at better rates and terms than they can receive absent assistance through the program;
(2)The extent to which the project goals, objectives, and timeline are clearly specified, measurable, and appropriate for the purpose of the program;
(3)The extent to which the project implementation plan and activities, including the partnerships established, are likely to achieve measurable objectives that further the purposes of the program;
(4)The extent to which the project is likely to produce results that are replicable;
(5)The extent to which the project will use appropriate criteria for selecting charter schools for assistance and for determining the type and amount of assistance to be given;
(6)The extent to which the proposed activities will leverage private or public-sector funding and increase the number and variety of charter schools assisted in meeting their facilities needs more than would be accomplished absent the program;
(7)The extent to which the project will serve charter schools in States with strong charter laws, consistent with the criteria for such laws in section 5202(e)(3) of the Elementary and Secondary Education Act of 1965; and
(8)The extent to which the requested grant amount and the project costs are reasonable in relation to the objectives, design, and potential significance of the project. B. *Quality of project services.* (15 points) In determining the quality of the project services, the Secretary considers—
(1)The extent to which the services to be provided by the project reflect the identified needs of the charter schools to be served;
(2)The extent to which charter schools and chartering agencies were involved in the design of, and demonstrate support for, the project;
(3)The extent to which the technical assistance and other services to be provided by the proposed grant project involve the use of cost-effective strategies for increasing charter schools' access to facilities financing, including the reasonableness of fees and lending terms; and
(4)The extent to which the services to be provided by the proposed grant project are focused on assisting charter schools with a likelihood of success and the greatest demonstrated need for assistance under the program. C. *Capacity.* (35 points) In determining an applicant's business and organizational capacity to carry out the project, the Secretary considers—
(1)The amount and quality of experience of the applicant in carrying out the activities it proposes to undertake in its application, such as enhancing the credit on debt issuances, guaranteeing leases, and facilitating financing;
(2)The applicant's financial stability;
(3)The ability of the applicant to protect against unwarranted risk in its loan underwriting, portfolio monitoring, and financial management;
(4)The applicant's expertise in education to evaluate the likelihood of success of a charter school;
(5)The ability of the applicant to prevent conflicts of interest, including conflicts of interest by employees and members of the board of directors in a decision-making role;
(6)If the applicant has co-applicants (consortium members), partners, or other grant project participants, the specific resources to be contributed by each co-applicant (consortium member), partner, or other grant project participant to the implementation and success of the grant project;
(7)For State governmental entities, the extent to which steps have been or will be taken to ensure that charter schools within the State receive the funding needed to obtain adequate facilities; and
(8)For previous grantees under the charter school facilities programs, their performance in implementing these grants. D. *Quality of project personnel.* (15 points) In determining the quality of project personnel, the Secretary considers—
(1)The qualifications of project personnel, including relevant training and experience, of the project manager and other members of the project team, including consultants or subcontractors; and
(2)The staffing plan for the grant project. 2. *Review and Selection Process:* Additional factors we consider in selecting an application for an award are in 34 CFR 225.12. 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:* Applicants selected for funding will be required to submit the following reports to the Department:
(a)An annual report that includes the information from section 5227(b) of the ESEA and any other information the Secretary may require in the performance report.
(b)A semiannual report that includes internal financial statements and other information as the Secretary may require. Grantees must also cooperate and assist the Department with any periodic financial and compliance audits of the grantee, as determined necessary by the Department. The specific Performance Agreement between the grantee and the Department may contain additional reporting requirements.
(c)At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. 4. *Performance Measures:* The performance measures for this program are:
(1)The amount of funding grantees leverage for charter schools to acquire, construct, and renovate school facilities and
(2)the number of charter schools served. Grantees must provide this information as part of their annual performance reports. VII. Agency Contacts *For Further Information Contact:* Ann Margaret Galiatsos or Jim Houser, U.S. Department of Education, 400 Maryland Avenue, SW., room 4W245, Washington, DC 20202-6140. Telephone:
(202)205-9765 or by e-mail: *charter.facilities@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 persons 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: January 26, 2007. Morgan S. Brown, Assistant Deputy Secretary for Innovation and Improvement. [FR Doc. E7-1537 Filed 1-31-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Innovation and Improvement; Overview Information; Voluntary Public School Choice Program (VPSC); Notice Inviting Applications for New Awards for Fiscal Year
(FY)2007 *Catalog of Federal Domestic Assistance
(CFDA)Number:* 84.361A *Dates: Applications Available:* February 1, 2007. *Deadline for Notice of Intent to Apply:* February 26, 2007. *Deadline for Transmittal of Applications:* April 2, 2007. *Deadline for Intergovernmental Review:* June 1, 2007. *Eligible Applicants:*
(a)One or more State educational agencies (SEAs);
(b)One or more local educational agencies (LEAs);
(c)One or more SEAs in partnership with one or more LEAs or other public, for-profit, or non-profit entities; or
(d)One or more LEAs in partnership with one or more public, for-profit, or non-profit entities. Note: For regulations governing partnership applications, see 34 CFR 75.127 through 75.129. *Estimated Available Funds:* The Administration has requested $26,278,000 for this program for FY 2007. 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 before the end of the current fiscal year, if Congress appropriates funds for this program. *Estimated Range of Awards:* $700,000-$3,000,000 per year. *Estimated Average Size of Awards:* $2,000,000 per year. *Estimated Number of Awards:* 10-15. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* This program provides grants for eligible applicants to establish or expand a program of voluntary public school choice. This public school choice program must focus on providing parents with greater options in acquiring a high-quality public education for their children, particularly parents whose children currently attend schools in need of improvement as defined in section 1116(b) of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA). *Priorities:* This notice contains five competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(iv) and (b)(2)(v), Competitive Preference Priorities 1 through 3 are from section 5244 of the ESEA (20 U.S.C. 7225c) and Competitive Preference Priorities 4 and 5 are from the notice of final priorities for discretionary grant programs published in the **Federal Register** on October 11, 2006 (71 FR 60046). *Competitive Preference Priorities:* For FY 2007, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2), we give preference to and award up to 60 points to an application that meets one or more of these priorities over an application that does not meet one or more of these priorities. These priorities are: *Competitive Preference Priority 1:* *Partnership/Interdistrict Approach.* Up to 20 points for establishing or expanding a partnership that implements an interdistrict approach to carrying out a public school choice program. This priority focuses on implementing different models of interdistrict choice arrangements that foster collaboration and cooperation between LEAS in order to expand options for students to attend higher-performing schools. Note: In determining whether a proposed project would implement interdistrict choice, the Department will consider, among other things, a written partnership agreement between two or more school districts to accept students as transfers from low-performing schools in one school district to higher-performing schools in another school district. *Background:* The ESEA requires LEAs that have Title I schools identified for improvement, but cannot provide the students attending those identified schools with the option to attend another school within the LEA, to the extent practicable, to enter into partnerships with other LEAs that can accept their students as transfers. Other LEAs that have schools identified for improvement, even if they can provide some choice within the LEA, may also enter into such partnerships to provide a broader range of educational options. However, very few students have participated in interdistrict choice programs under the Title I choice provisions, and the failure or inability of LEAs to enter into interdistrict agreements has likely contributed to the very limited participation in Title I choice arrangements nationally. (Only one percent of students eligible to change schools under the Title I provisions have done so.) However, surveys and other data clearly show that parents and students will take advantage of interdistrict choice opportunities when they are made available. Existing interdistrict choice arrangements are well-subscribed. The Secretary believes that expanding interdistrict choice arrangements will give students enrolled in schools identified for improvement much broader choices in transferring to higher-performing schools. The Department is focusing this competition on an interdistrict choice priority by providing a significant number of points for applicants that propose to use interdistrict approaches to public school choice. *Competitive Preference Priority 2: Wide Variety of Choices.* Up to 10 points for providing a wide variety of choices to all students in participating schools. Note: In determining whether a proposed project would provide a wide variety of choices, the Department will consider, among other things, the characteristics of the school district. For example, a wide variety of choices in a small rural district may differ from a wide variety of choices in a large urban district. *Competitive Preference Priority 3: Substantial Impact on Students in Low-Performing Schools.* Up to 10 points for having a substantial impact, through various choice options, in allowing students in low-performing schools to attend higher-performing schools. Note: In determining whether a proposed project would have a substantial impact in allowing students in low-performing schools to attend higher-performing schools, the Department will consider, among other things, the percentage of students in low-performing schools who would be able to attend higher-performing schools under the jurisdiction of the applicant and/or neighboring school district jurisdictions. *Competitive Preference Priority 4:* *Secondary Schools.* Up to 10 points for projects that support activities and interventions aimed at improving the academic achievement of secondary school students who are at greatest risk of not meeting challenging State academic standards and not completing high school. *Competitive Preference Priority 5:* *Student Achievement Data.* Up to 10 points for projects that collect pre- and post-intervention test data to assess the effect of the projects on the academic achievement of student participants relative to appropriate comparison or control groups. Statutory And Regulatory Requirements *Permissible Activities:* Activities supported under this competition must establish or expand a program of public school choice and may involve one or more of the following: • The cost of providing students selected to participate in the program with transportation services or a substantial portion of the cost of transportation to and from the public elementary schools and secondary schools, including charter schools, that the students choose to attend under the public school choice program. • The cost of planning or designing a program (for not more than one year). • The cost of making tuition transfer payments to public elementary or secondary schools to which students transfer under the program. • The cost of capacity-enhancing activities that enable high-demand public elementary or secondary schools to accommodate transfer requests under the program. • The cost of carrying out public education campaigns to inform students and parents about the program. • The cost of other activities reasonably necessary to implement the program. Note: Grant funds may not be used for school construction. Note: The term *charter school* has the meaning given such term in section 5210(1) of ESEA. Note: Applications that do not propose to use grant funds to provide students selected to participate in the program with transportation services or the cost of transportation to or from the public elementary or secondary schools, including charter schools, the students choose to attend under the program must include a detailed explanation of how such transportation services or costs will be paid. *Application Requirements:* An application submitted to the Secretary must include the following: a. A description of the program for which the eligible entity seeks funds and the goals for the program. b. A description of how and when parents of students who are to be served by the program will be given prompt notification of:
(1)The existence of the program,
(2)the program's availability, and
(3)a clear explanation of how the program will operate. c. A description of how students will be selected for the program. Note: Students must be selected on the basis of lottery if more students apply to participate in the program than can be accommodated. d. A description of how the program will be coordinated with, and will complement and enhance, the applicant's other related Federal and non-Federal projects. e. If the program is to be carried out by a partnership, the name of each partner, a description of the partners' responsibilities, and a written partnership agreement that meets the requirements of 34 CFR 75.128(b). f. Among the application requirements, an assurance that the applicant will collect information to meet the requirements of 34 CFR 75.590. Note: Section 75.590 requires the recipient of an award to evaluate at least annually its progress in achieving the objectives in its approved application, the effectiveness of the project in meeting the purposes of the program, and the program's effects on participants being served by the project. *Program Authority:* 20 U.S.C. 7225-7225g. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 82, 84, 85, 86, 97, 98, and 99.
(b)The notice of final priorities for discretionary grant programs published in the **Federal Register** on October 11, 2006 (71 FR 60046). 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 has requested $26,278,000 for this program for FY 2007. 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 before the end of the current fiscal year, if Congress appropriates funds for this program. *Estimated Range of Awards:* $700,000-$3,000,000 per year. *Estimated Average Size of Awards:* $2,000,000 per year. *Estimated Number of Awards:* 10-15. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. III. Eligibility Information 1. *Eligible Applicants:*
(a)One or more SEAs;
(b)One or more LEAs;
(c)One or more SEAs in partnership with one more LEAs or other public, for-profit, or non-profit entities; or
(d)One or more LEAs in partnership with one or more public, for-profit, or non-profit entities. Note: For regulations governing partnership applications, see 34 CFR 75.127 through 75.129. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. You may also contact ED Pubs at its Web site: *http://www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.361A. You may also obtain the application package for the program via the Internet at the following address: *http://www.ed.gov/programs/voluntarypublicschoolchoice/applicant.html* . 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 section VII. Agency Contact of This Notice 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. *Notice of Intent to Apply:* The Department will be able to develop a more efficient process for reviewing grant applications if it has a better understanding of the number of applicants that intend to apply for funding under this program. Therefore, the Secretary strongly encourages each potential applicant to notify the Department with a short e-mail indicating the applicant's intent to submit an application for funding. The e-mail need not include information regarding the content of the proposed application, only the applicant's intent to submit it. This e-mail notification should be sent to Iris A. Lane at: *vpsc@ed.gov* . Applicants that fail to provide this e-mail notification may still apply for funding. *Page Limit:* The program narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the program narrative section that addresses the selection criteria to the equivalent of no more than 75 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 may be single spaced. • Use one or more 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 face sheet (SF 424); the supplemental information form required by the Department of Education; Part II, the budget information summary form (ED 524); and Part IV, the assurances, certifications and related information. The page limit also does not apply to a table of contents, an abstract, resumes, or letters of support. However, you must include all of the application narrative in Part III. You must include your complete response to the selection criteria in the program narrative. Our reviewers will not read any pages of your application that— • Exceed the page limit if you apply these standards; or • Exceed the equivalent of the page limit if you apply other standards. 3. *Submission Dates and Times:* *Applications Available:* February 1, 2007. *Deadline for Notice of Intent to Apply:* February 26, 2007. *Deadline for Transmittal of Applications:* April 2, 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. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT . *Deadline for Intergovernmental Review:* June 1, 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 the 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 Voluntary Public School Choice Program, CFDA Number 84.361A must be submitted electronically using the Governmentwide 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 Voluntary Public School Choice Program at *http://www.Grants.gov* . You must search for the downloadable application package for this program or competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.361, not 84.361A). 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 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: Iris A. Lane, U.S. Department of Education, 400 Maryland Avenue, SW., room 4W219, Washington, DC 20202-5970. FAX:
(202)205-5630. 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 (84.361A), 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 (84.361A), 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.
(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.
(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 84.361A), 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 competition are from 34 CFR 75.210 and sections 5243 and 5244 of the ESEA. The maximum score for all of the selection criteria is 100 points. The maximum score for each criterion is indicated in parentheses with the criterion. The maximum number of points an application may earn based on the competitive preference priorities and the selection criteria is 160 points. The criteria are as follows:
(a)*Significance (up to 10 points).* The Secretary considers the significance of the proposed project. In determining the significance of the proposed project, the Secretary considers the following factors:
(1)The likelihood that the proposed project will result in system change or improvement.
(2)The extent to which the proposed project is likely to build local capacity to provide, improve, or expand services that address the needs of the target population.
(b)*Quality of the project design (up to 30 points).* The Secretary considers the quality of the design of the proposed project. In determining the quality of the design of the proposed project, the Secretary considers the following factors:
(1)The extent to which the proposed project encourages parental involvement and ensures that parents have comprehensive information about their educational choices.
(2)The extent to which the design for implementing and evaluating the proposed project will result in information to guide possible replication of project activities or strategies, including information about the effectiveness of the approach or strategies employed by the project.
(3)The extent to which the proposed project is designed to build capacity and yield results that will extend beyond the period of Federal financial assistance.
(c)*Quality of project services (up to 20 points).* The Secretary considers the quality of the services to be provided by the proposed project. In determining the quality of the services to be provided by the proposed project, the Secretary considers the quality and sufficiency of strategies for ensuring equal access and treatment for eligible project participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability. In addition, the Secretary considers the following factors:
(1)The likelihood that the services to be provided by the proposed project will lead to improvements in the achievement of students as measured against rigorous academic standards.
(2)The extent to which the services to be provided by the proposed project involve the collaboration of appropriate partners for maximizing the effectiveness of project services.
(d)*Quality of the management plan (up to 20 points).* The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers the adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including whether it includes clearly defined responsibilities, timelines, and milestones for accomplishing project tasks.
(e)*Quality of the project evaluation (up to 20 points).* The Secretary considers the quality of the evaluation to be conducted of the proposed project. In determining the quality of the evaluation, the Secretary considers the extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible. Note: A strong evaluation plan should be included in the application narrative and should be used, as appropriate, to shape the development of the project from the beginning of the grant period. The plan should include benchmarks to monitor progress toward specific project objectives and also outcome measures to assess the impact on teaching and learning or other important outcomes for project participants. More specifically, the plan should identify the individual and/or organization that has agreed to serve as evaluator for the project and describe the qualifications of that evaluator. The plan should describe the evaluation design, indicating:
(1)What types of data will be collected (individual-level and school-level data);
(2)when various types of data will be collected;
(3)what methods will be used;
(4)what instruments will be developed and when;
(5)how the data will be analyzed;
(6)when reports of results and outcomes will be available; and
(7)how the applicant will use the information collected through the evaluation to monitor progress of the funded project and to provide accountability information both about success at the initial site and effective strategies for replication in other settings. Applicants are encouraged to devote an appropriate level of resources to project evaluation. 2. *Review and Selection Process:* The Secretary will select an application for funding in rank-order, based on the application's total score for the selection criteria and priorities. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. For specific requirements on grantee reporting, please go to *http://www/ed/gov/fund/grant/apply/appforms.html* . 4. *Performance Measures:* The program goal is to assist States and local school districts in creating, expanding, and implementing a public school choice program. The Secretary has established three performance indicators:
(1)The number of students who have the option of attending participating VPSC schools selected by their parents;
(2)The percentage of students participating at VPSC sites who exercise school choice by changing schools; and,
(3)The percentage of participating students whose achievement increases in mathematics and reading. All grantees will be expected to submit an annual performance report documenting their contribution in assisting the Department in measuring the performance of the program against these indicators. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Iris A. Lane, U.S. Department of Education, 400 Maryland Avenue, SW., room 4W219, Washington, DC 20202-5970. Telephone:
(202)260-1999 or by e-mail: *vpsc@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: January 26, 2007. Morgan S. Brown, Deputy Assistant Secretary for Innovation and Improvement. [FR Doc. E7-1539 Filed 1-31-07; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2006-0853; FRL-8102-6] Agency Information Collection Activities; Proposed Collection; Comment Request; Reporting and Recordkeeping for Asbestos Abatement Worker Protection; EPA ICR No. 1246.10, OMB Control No. 2070-0072 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq* .), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR, entitled: “Reporting and Recordkeeping for Asbestos Abatement Worker Protection” and identified by EPA ICR No. 1246.10 and OMB Control No. 2070-0072, is scheduled to expire on October 31, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before April 2, 2007. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPPT-2006-0853, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA-HQ-OPPT-2006-0853. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2006-0853. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket's index available at *http://www.regulations.gov* . Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Robert Courtnage, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)566-1081; fax number:
(202)566-0473; e-mail address: *courtnage.robert@epa.gov* . SUPPLEMENTARY INFORMATION: I. What Information is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility. 2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. II. What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline identified under DATES . 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. III. What Information Collection Activity or ICR Does this Action Apply to? *Affected entities* : Entities potentially affected by this action include states and local government employers in the 26 states, the District of Columbia and certain other U.S. territories that have employees engaged in asbestos-related construction, custodial, and brake and clutch repair activities without Occupational Safety and Health Administration (OSHA)-approved state plans. *Title* : Reporting and Recordkeeping for Asbestos Abatement Worker Protection. *ICR numbers* : EPA ICR No. 1246.10, OMB Control No. 2070-0072. *ICR status* : This ICR is currently scheduled to expire on October 31, 2007. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract* : EPA's asbestos worker protection rule is designed to provide occupational exposure protection to state and local government employees who are engaged in asbestos abatement activities in states that do not have state plans approved by OSHA. The rule provides protection for public employees not covered by the OSHA standard from the adverse health effects associated with occupational exposure to asbestos. Specifically, the rule requires state and local governments to monitor employee exposure to asbestos, take action to reduce exposure to asbestos, monitor employee health, and train employees about asbestos hazards. The rule includes a number of information reporting and recordkeeping requirements. State and local government agencies are required to provide employees with information about exposures to asbestos and the associated health effects. The rule also requires state and local governments to notify EPA before commencing any asbestos abatement project. State and local governments must maintain medical surveillance and monitoring records and training records on their employees, must establish a set of written procedures for respirator programs and must maintain procedures and records of respirator fit tests. EPA will use the information to monitor compliance with the asbestos worker protection rule. This request addresses these reporting and recordkeeping requirements. Responses to the collection of information are mandatory (see 40 CFR part 763, subpart G). Respondents may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. *Burden statement* : The annual public reporting and recordkeeping burden for this collection of information is estimated to average 15.95 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of this estimate, which is only briefly summarized here: *Estimated total number of potential respondents* : 25,312. *Frequency of response* : On occasion; includes third-party notification. *Estimated total average number of responses for each respondent* : 50. *Estimated total annual burden hours* : 403,751 hours. *Estimated total annual costs* : $14,994,566. This includes an estimated burden cost of $14,994,566 and an estimated cost of $0 for capital investment or maintenance and operational costs. IV. Are There Changes in the Estimates from the Last Approval? There is a decrease of 8,492 hours (from 412,243 hours to 403,751 hours) in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease principally reflects EPA's correction of the training burden for Class I and Class II competent persons that results from correctly annualizing the 40-hour training over five years rather than over a three-year period. While some changes were made in the calculations of the numbers of initial and periodic medical questionnaires that construction employees and supervisors complete, the net result of those changes has a very slight impact on the total annual burden hour estimate. This change is an adjustment. V. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: January 22, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E7-1622 Filed 1-31-07; 8:45 am] BILLING CODE 6560-50-S FEDERAL ELECTION COMMISSION Sunshine Act Notices Date &Time: Tuesday February 6, 2007 at 10 a.m. Place: 999 E Street, NW., Washington, DC. Status: This meeting will be closed to the Public. Items to be Discussed: Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. Person to Contact for Information: Mr. Robert Biersack, Press Officer, *Telephone:*
(202)694-1220. Mary W. Dove, Secretary of the Commission. [FR Doc. 07-463 Filed 1-30-07; 2:40 pm]
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Traces to 13 documents
U.S. Code
CFR
- Annual absolute, competitive preference, and invitational priorities.§ 75.105
- What funding priority may the Secretary use in making a grant award?§ 225.12
- What selection criteria does the Secretary use in evaluating an application for a Credit Enhancement for Charter School Facilities grant?§ 225.11
- Eligible parties may apply as a group.§ 75.127
- Who acts as applicant; the group agreement.§ 75.128
- Evaluation by the grantee.§ 75.590
- General selection criteria.§ 75.210
- Requirements for a continuation award.§ 75.118
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14 references not yet in our index
- 50 CFR 600.310(e)(2)
- 50 CFR 600.310(e)(3)
- Pub. L. 104-13
- 20 USC 7223-7223j
- 34 CFR 225
- 34 CFR 79
- 34 CFR 86
- 20 USC 7225c
- 20 USC 7225-7225g
- 40 CFR 9
- 40 CFR 763
- 40 CFR 2
- 5 CFR 1320.12
- 5 CFR 1320.5(a)(1)(iv)
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cites case law
Notices
Notification of determinations of overfishing, and a need to revise a rebuilding plan
Cite50 CFR 600.310(e)(2)
Cite50 CFR 600.310(e)(3)
Pub. L.Pub. L. 104-13
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