Proposed Rules. Notice

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

BILLING CODE 4910-59-P 72 38 Tuesday, February 27, 2007 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Docket No. AMS-TM-O6-0191; TM-07-02] Notice of Funds Availability

(NOFA)Inviting Applications for the Farmers' Market Promotion Program (FMPP); Notice of a Revision to the Approved Information Collection AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice. SUMMARY: The Agricultural Marketing Service

(AMS)announces funding of approximately $1 million in competitive grant funds for fiscal year

(FY)2007 to increase domestic consumption of agricultural commodities by expanding direct producer-to-consumer market opportunities. These grant funds are contingent upon AMS's receipt of Congressional funding in 2007 for this program. Examples of direct producer-to-consumer market opportunities include new farmers' markets, roadside stands, community supported agriculture programs, and other direct producer-to-consumer infrastructures. AMS hereby requests proposals from eligible entities from the following categories:

(1)Agricultural cooperatives,

(2)local governments,

(3)nonprofit corporations,

(4)public benefit corporations,

(5)economic development corporations,

(6)regional farmers' market authorities, and

(7)tribal governments. The maximum award per grant is $75,000. No matching funds are required. AMS strongly recommends that each applicant read the entire NOFA herein, and visit the AMS Web site at *http://www.ams.usda.gov/FMPP* to review a copy of the FMPP Guidelines and Application Package Preparation information to assist in preparing the proposal narrative and application package. DATES: Applications should be received at the address below and must be postmarked not later than April 13, 2007. Comments regarding the information collection requirement under the Paperwork Reduction Act of 1995 must be received on or before April 30, 2007. ADDRESSES: Submit proposals and other required materials to Mr. Errol Bragg, Associate Deputy Administrator, Marketing Services Branch, Transportation and Marketing Programs, Agricultural Marketing Service (AMS), USDA, Room 2646-South, 1400 Independence Avenue, SW., Washington, DC 20250-0269, phone 202/720-8317. For hard-copy (paper) submissions, all forms, narratives, letters of support, and other required materials must be forwarded in one application package. AMS will not accept application packages by e-mail; electronic applications will be accepted only if submitted via *http://www.Grants.gov.* Comments concerning the information collection requirements should reference docket number AMS-TM-06-0191, TM-07-02 and be sent to Mr. Errol Bragg at the above address or via the Internet at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Errol Bragg, Associate Deputy Administrator, Marketing Services Branch, Transportation and Marketing Programs, Agricultural Marketing Service (AMS), on 202/720-8317, fax 202/690-0031, or by e-mail *USDAFMPP@usda.gov* . State that your request for information refers to Docket No. TM-07-02. SUPPLEMENTARY INFORMATION: This solicitation is issued pursuant to Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3001-3006) as amended by Section 10605 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171) (the Acts) authorizing the establishment of the Farmers' Market Promotion Program (7 U.S.C. 3005) (FMPP). The amended act states that the purposes of the FMPP are “(A) to increase domestic consumption of agricultural commodities by improving and expanding, or assisting in the improvement and expansion of, domestic farmers' markets, roadside stands, community-supported agriculture programs, and other direct producer-to-consumer market opportunities; and

(B)to develop, or aid in the development of, new farmers' markets, roadside stands, community-supported agriculture programs, and other direct producer-to-consumer infrastructure.” The Secretary of Agriculture has delegated the program's administration to the USDA-AMS. Further, in accordance with the Secretary's Statement of Policy (36 FR 13804), it is found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to engage in further public participation under 5 U.S.C. 553 because the applications for the FMPP need to be made available as soon as possible as the programs season approaches. Background AMS's authorizing authorities are the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3001-3006), and the recent amendment to the 1976 Act, the Farmers' Market Promotion Program (7 U.S.C. 3005). Under the Agricultural Marketing Act of 1946, the Secretary of Agriculture is authorized to conduct, assist, and foster research, investigation, and experimentation to determine the best methods of processing, preparation for market, packaging, handling, transporting, storing, distributing, and marketing agricultural products, 7 U.S.C. 1622(a). Moreover, 7 U.S.C. 1622(f) directs and authorizes the Secretary to conduct and cooperate in consumer education for more effective utilization and greater consumption of agricultural products. In addition, 7 U.S.C. 1622(n) authorizes the Secretary to conduct services and to perform activities that will facilitate the marketing and utilization of agricultural products through commercial channels. The Farmer-To-Consumer Marketing Act of 1976 directs USDA to encourage the direct marketing of agricultural commodities from farmers to consumers, and to promote the development and expansion of direct marketing of agricultural commodities from farmers to consumers. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), this notice announces AMS's request for the approval of a revision to a currently approved information collection under the Office of Management and Budget

(OMB)collection number 0581-0235. Information collected from FMPP selected grant recipients was inadvertently omitted from the FY-2006 FMPP grant program NOFA published in the March 15, 2006 **Federal Register** . *Title:* Farmers' Market Promotion Program. *OMB Number:* 0581-0235. *Type of Request:* Revision of a currently approved collection. OMB approved this collection on July 11, 2006 for 3 years expiring July 31, 2009. *Expiration Date of Approval:* 3 years from the date of OMB approval. *Abstract:* The primary objective of the FMPP is to help eligible entities to improve and expand domestic farmers' markets, roadside stands, community-supported agriculture programs, and other direct producer-to-consumer market opportunities. Eligible entities under this program include agricultural cooperatives, local governments, nonprofit corporations, public benefit corporations, economic development corporations, regional farmers' market authorities, and other entities as the Secretary may designate (7 U.S.C. 3005(c)). The Secretary has designated Tribal Governments as an eligible entity for this grant program. AMS has established guidelines for the FMPP that contain full details of the program and application process. The guidelines and all (SF and AD) forms required for applying for FMPP grants are available from AMS's Marketing Services Branch Web site at: *http://www.ams.usda.gov/FMPP* , by calling 202/720-8317, or faxing 202/690-0031. Eligible entities are strongly encouraged to consult the guidelines when preparing applications for submission to the FMPP. All applicants requesting Federal funding under the FMPP program must complete the following:

(a)*Form SF-424* , “Application for Federal Assistance,” (approved under OMB collection number 4040-0004) is required by all entities seeking Federal assistance.

(b)*Form SF-424A* , “Budget Information—Non-Construction Programs,” (approved under OMB collection number 0348-0044) must also be completed by applicants to show the project's budget breakdown, both as to expense categories and the division between Federal and non-federal funding sources, as applicable.

(c)*Form SF-424B* , “Assurances—Non-Construction Programs,” (approved under OMB collection number 0348-0040) must also be completed by applicants to assure the Federal government of the applicant's legal authority to apply for Federal assistance.

(d)*Form SF-269A* , Financial Status Report (Short form approved under OMB collection number 0348-0038) or SF-269, Financial Status Report, (Long form approved under OMB collection number 0348-0039, (if the project had program income)) is to be completed once by the eligible entity 90 days after the expiration date of the grant period. The applicant also gives assurance that it will comply with various legal and regulatory requirements as described within the form.

(e)*Proposal Narrative and Eligibility Statement* . Completed applications must include a proposal narrative along with an eligibility statement. AMS has developed the “FMPP Project Proposal Narrative Form” and the “FMPP Supplemental Budget Summary Form” to assist applicants in placing the required information in the proper order.

(f)*FMPP Narrative Forms* . AMS has developed the “FMPP Project Proposal Narrative Form” and the “FMPP Supplemental Budget Summary Form” to assist applicants in placing the required information in the proper order in the proposal narrative. These voluntary forms are recommended for use as guidance for the application development and submittal processes. The voluntary “FMPP Project Proposal Narrative Form” and “FMPP Supplemental Budget Summary Form” used to complete the proposal narrative will not increase the total number of burden hours. These burden hours have been captured in the proposal narrative. Before funds are dispersed, applicants that are selected for FMPP grant funds (awardees) must complete the following forms:

(a)*Form AD-1047* , “Certification Regarding Disbarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions.” This form must have the awardee's original signature.

(b)*Form AD-1048* , “Certification Regarding Disbarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions.” This form must have the awardee's original signature.

(c)*Form AD-1049* , “Certification Regarding Drug-Free Workplace Requirements (Grants) Alternative I—For Grantees Other Than Individuals.” The awardee keeps this document for their records. Additionally, awardees must also complete the following form and paperwork for AMS:

(a)*Grant Agreement* . The grant agreement is used as documentation of the agreed upon responsibilities of AMS and the awardee(s) performing the project work. It also indicates the agreed upon grant funding dollar amounts and the beginning date and ending date of the project work and the grant agreement. Four

(4)copies of this agreement are required with the awardee's and the AMS Administrator's office signatures and dated for each grant.

(b)*Form SF-270* , “Request for Advance and Reimbursement” is required whenever the awardees request an advance or reimbursement of Federal grant funds. AMS expects that at least three

(3)SF-270 forms will be submitted during the grant agreement period.

(c)*Progress Reports* . The Progress Report is written documentation required to notify AMS about the work activities and progress towards completing the awardee's established project workplan goals, objectives, and timelines. AMS expects that at least two

(2)Progress Reports will be submitted during the grant agreement period.

(d)*Final Report* . The Final Report is written information required by AMS within 90 days after the ending date of the grant agreement. This information is utilized as final documentation of completion of the workplan goals, objectives, and activities. *Estimate of Burden:* The public reporting and recordkeeping burden for the collection of information is estimated to average 6.684 hours per response. *Respondents:* Agricultural Cooperatives, Local Governments, Nonprofit Corporations, Public Benefit Corporations, Economic Development Corporations, Regional Farmers' Market Authorities, and Tribal Governments. *Estimated annual number of respondents:* 400. *Estimated annual number of responses per respondent:* 1.475. *Estimated annual number of responses:* 590. *Estimated total annual burden on the respondents:* 3,944 hours. Comments are requested on this revision to the public reporting and recordkeeping burden from the estimated 3,200 annual burden hours to an estimated 3,944 total annual burden hours. Comments are invited on:

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

(2)the accuracy of the agency's estimate of the burden of this collection of information including the validity of the methodology and assumptions used;

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

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments concerning the information collection shall reference docket number AMS-TM-06-0191, TM-07-02 and the date and page number of this issue of the **Federal Register** Notice. Comments should be sent to Mr. Errol Bragg, Associate Deputy Administrator, Marketing Services Branch, Transportation and Marketing Programs, Agricultural Marketing Service (AMS), USDA, Room 2646-South, 1400 Independence Avenue, SW., Washington, DC, 20250-0269; phone 202/720-8317; or via the Internet at *http://www.regulations.gov* . Comments received will be available for public inspection during regular business hours at the same address and via the Internet at *http://www.regulations.gov* . All comments will become a matter of public record. AMS is committed to compliance with the Government Paperwork Elimination Act that requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. For paper application submissions: • The SF and AD forms can be filled out electronically and printed out for submission with original signatures. • The voluntary “FMPP Proposal Narrative Form” and “FMPP Supplemental Budget Summary Form” can be filled electronically and printed out for submission. For Grants.gov all SF and AD forms, as well as the proposal narrative and eligibility statement, can also be filled out electronically and submitted as an attachment through Grants.gov. Definitions of Eligible Entities The eligible entities include those outlined in Section 6(c) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C 3005(c)). In addition, the Secretary has designated Tribal Governments as an eligible entity for this grant program. Eligible entities are defined in this program and throughout this NOFA as follows: 1 1 References to a state also include the District of Columbia. Agricultural cooperative—A group- or member-owned entity or business that provides, offers, or sells agricultural products or services for the mutual benefit of the members thereof. Local Government—Local government means any unit of local government within a State, including a county, borough, municipality, city, town, township, parish, local public authority, special district, school district, intrastate district, council of governments, and any other instrumentality of local government. Nonprofit Corporation—Any organization or institution, including nonprofits with 501(c)(3) IRS status and accredited institutions of higher education, no part of the net earnings of which inures to the benefit of any private shareholders or individuals. Public Benefit Corporation—A corporation organized to construct or operate a public improvement, the profits from which inure to the benefit of a State(s) or to the people thereof. Economic Development Corporation—An organization whose mission is the improvement, maintenance, development and/or marketing or promotion of a specific geographic area. Regional Farmers' Market Authority—An entity that establishes and enforces region, State, or county policies and jurisdiction over regional, State, or county farmers markets. Tribal Government—A governing body or a governmental agency of any Indian tribe, band, nation, or other organized group or community (including any Native village as defined in section 3 of the Alaska Native Claims Settlement Act, 85 Stat. 688 (43 U.S.C. 1602)) certified by the Secretary of the Interior as eligible for the special programs and services provided through the Bureau of Indian Affairs. Recipient and Project Eligibility Requirements All eligible entities shall be domestic entities, *i.e.* , those owned, operated, and located within one or more of the 50 United States and the District of Columbia only. Entities located within U.S. territories are not eligible. Additionally, under this program eligible entities must apply for FMPP funds on behalf of direct marketing operators that include two or more agricultural farmers/vendors that produce and sell their own products through a common distribution channel. For example, a sole proprietor of a roadside farm market would not be eligible for this program. Because the FMPP is authorized by and amends the Farmer-To-Consumer Marketing Act of 1976, AMS will oversee and award grant projects that continue in developing, promoting, and expanding direct marketing of agricultural commodities from farmers to consumers. Eligible proposals should support marketing entities where agricultural farmers or vendors sell their own products directly to consumers, and the sales of these farm products should represent the core business of the entity. Individual agricultural producers, including farmers and farmers' market vendors, roadside stand operators, community supported agriculture participants, and other individual direct marketers are not eligible for FMPP funds. FMPP funds exclude existing routine operational expenses such as management salaries or other's salaries associated with normal operation of farmers markets/marketing entities, utility bills, and insurance premiums. FMPP grant funds must be applied to the specific programs and objectives identified in the application. Proprietary projects and projects that benefit one agricultural producer or individual will not be considered. Project Timeframe Projects are to be completed within 18 months. Proposal and Application Preparation Applicants must submit the following information; applications that do not contain this information will not be considered: 1. Form SF-424, “Application for Federal Assistance.” This form must have an original signature. 2. Form SF-424A, “Budget Information—Non-Construction Programs.” 3. Form SF-424B, “Assurances—Non-Construction Programs.” 4. DUNS Number—A Dun and Bradstreet Data Universal Numbering System

(DUNS)number is required for all FMPP applications and all Federal grants (68 FR 38 402). The DUNS number must be included in the appropriate section of the Form SF-424. The applicant may check to see if the organization applying for the grant already has a DUNS number, or if they do not already have a DUNS number, acquire one online at no cost at *http://fedgov.dnb.com/webform/* or call the dedicated toll-free DUNS number request line on 1-866-705-5711. 5. Eligibility Statement. Explain how the applicant meets the definition of an agricultural cooperative, local government, nonprofit corporation, public benefit corporation, regional farmers' market authority, or other eligible entity as outlined in the “Definitions of Eligible Entities” section of this NOFA. Applications without sufficient information to determine their eligibility will not be considered. This eligibility statement will be counted towards the 10-page maximum for the proposal narrative. 6. Proposal Narrative. The narrative portion of the project proposal must not exceed 10 pages (Times New Roman font, 12 pt. pitch, single spaced, 8.5 by 11 inch-paper). AMS has provided guidance for use in organizing the narrative and placing this information in its proper order. Refer to the FMPP Guidelines available from AMS's Marketing Services Branch Web site at: *http://www.ams.usda.gov/FMPP* for more information. The narrative must be organized under the following headings: a. Project Title. Provide a title that captures the primary focus of the project. b. Applicant/Organization Information. Provide the applicant/organization name, applicant/organization contact name, mailing address, telephone and fax number, and email address for the person responsible for the application, financial information, and the proposed project budget. c. Primary Project Manager Information. Provide the name, mailing address, telephone and fax number, and email address for the person(s) responsible for managing and/or overseeing the project. d. Entity Type. Indicate the entity type of the applicant/organization, *i.e.* , an agricultural cooperative, local government, nonprofit corporation, public benefit corporation, economic benefit corporation, regional farmers' market authority, tribal government, or other entity type. e. Executive Summary. The project proposal summary, not to exceed 200 words, must include the following: a description of the project including the goals to be accomplished, stages of work and resources required, the expected timeframe for completing all tasks and results, and primary project manager responsible for the project. f. Goals of the Project. Provide a clear statement that includes the ultimate goal(s) and objective(s) (one or two sentences) of the project. g. Background Statement. Provide information regarding past, current, and/or future events, conditions, or actions taken that justify the need for the project. h. Workplan and Resource Requirements. Provide a statement that includes the planned scope of work, anticipated stages and timelines, and the resources required to complete the project. Identify who will do the work, whether collaborative arrangements or subcontractors will be used, the amount of resource commitments of the collaborators, and the role(s) and responsibilities of each collaborator or project partner. i. Expected Outcomes and Project Evaluation. Describe what is to be accomplished, the expected results, and how success will be measured at the completion of the project. j. Beneficiaries. Describe which persons, organizations, and/or entities will benefit from the project work or research outlined in the proposal. k. Supplemental Budget Summary. Provide in sufficient detail information about the budget categories listed on Form SF-424A to demonstrate that the budget is reasonable and adequate for the proposed work. Additional detail and justification must be provided for any purchase that is expected to exceed $5,000. For full information on how to complete the Supplemental Budget Summary, please refer to the FMPP Guidelines available from AMS's Marketing Services Branch Web site at: *http://www.ams.usda.gov/FMPP.* l. Primary Proposal Activity. Identify the main activity (only one specific activity, *i.e.* , waste management) that the proposal has indicated to meet the goals and objectives. Refer to the “Eligible Grant Uses” section to assist in identifying this activity. m. Secondary Proposal Activity. Identify the secondary activities (as many as are applicable) that the proposal has indicated to meet the goals and objectives. Refer to the “Eligible Grant Uses” section to assist in identifying these activities. 7. Methods of Evaluating Proposals. Applicants should ensure that evaluation criteria are addressed within the proposal narrative. The suggested questions with each criterion are provided as general guidance for completing the narrative; provide additional information as appropriate. Each criterion has a maximum score value, and the total maximum score for an FMPP proposal narrative will equal 100. Proposals will be rated on each criterion as follows: a. *The Need for the Project* (maximum score = 25). Provide justification for the project approach and/or strategies in the proposal; to include:

(1)How do the project activities in the proposal conform to the FMPP program objectives and eligible funding uses?

(2)How does the proposal demonstrate the project's merit? Why are these activities appropriate for achieving the project's stated objectives? b. *Direct Benefit to Farmers/Vendors* (maximum score = 20). Explain the direct benefit to market/market entity farmers and vendors. Any benefit for individual farmers/vendors should be provided for every participating farmer/vendor in a market/market entity. Include:

(1)How will the farmer/vendor benefit from these activities? How many farmers/vendors will benefit from your project's activities?

(2)What is the overall potential impact on the local/regional farm economy? c. *Reasonableness of Budget* (maximum score = 15). Provide justification for the budget and funds usage. Include:

(1)How is budget appropriate for the scope of work? d. *Project Innovation* (maximum score = 10). Provide justification of the proposal's innovative approach. Include:

(1)Has this approach been done before? And if it has, how does it differ from previous efforts?

(2)Why is your approach different or better than other efforts? e. *Transferability of Project Outcomes* (maximum score = 10). Explain how and why proposed activities could be used elsewhere. Include:

(1)Will the outcome and lessons learned from this project be applicable to other locations? f. *Degree of Collaboration/Partnerships (include partner qualifications) and Participation* (maximum score = 10). Outline the collaboration/partnerships formed and farmer/producer participation for this project. Include:

(1)How many collaborators/partners and farmers/producers will participate in this project? What role will they play?

(2)How will collaborators/partners and farmers/producers assist in implementing the project?

(3)What resource commitments will they provide? g. *Quantitative Evaluation and Measurement of Project's Impact* (maximum score = 10). Define how successes will be measured and how sustainable the activities are after FMPP funds are no longer available. Include:

(1)How will project results be measured?

(2)How self-sustaining will the project be after FMPP grant funding is exhausted? 8. Application/Proposal Packages. To ensure proper application preparation, see the FMPP Guidelines available from AMS's Marketing Services Branch Web site at: *http://www.ams.usda.gov/FMPP* for submission to AMS. Grant Amounts The amount of funds available for FMPP grants in FY 2007 is approximately $1 million. These grant funds are contingent upon Congress's providing funding to AMS for this program. The maximum amount of Federal funds awarded for any one proposal will be $75,000. Number of Awards An applicant can not receive more than one FMPP grant in a grant funding year. Eligible Grant Uses FMPP grants were established for projects intended to benefit more than one agricultural farmer or producer. Applications for FMPP grants funds should be for, but not limited to, projects and proposals that are associated with the following three categories: 1. Improving Farmer/Vendor Access to Relevant Marketing and Financial Information—Projects that provide opportunities and promote training, education, networking, technical assistance, and information sharing for farmers, vendors, market management, and market sponsors. These projects are designed to enhance sales volumes, self-sufficiency, and product security/safety. Project focuses may address: • Direct marketing practices and methods, business planning, market growth management, recordkeeping, food handling and safety. • Farmer and vendor selection, recruitment, and retention. • Consumer trends, demographics, changing ethnic demographics, and their relationship to customer purchasing patterns. • Alternative purchasing methods, such as Women, Infants, and Children Farmers Market Nutrition Programs (WIC-FMNP) coupons; Senior Farmers Market Nutrition Program (SFMNP) coupons; and debit/credit technologies. • Association and other organizational development. 2. Consumer-Based Education and Market Access—Projects that address ways to improve consumers' access and utilization of markets/entities: These projects may include: • Consumer education that focuses on new food and agricultural products, product applications, and chef demonstrations with a required emphasis on the assessment, evaluation, and impact of such education on consumer patronage at eligible markets/entities. • Assessment, evaluation, and impact of the vendors and/or the market/entities in providing access to fresh fruits and vegetables to low-income households, children, and seniors. 3. Innovative Approaches to Market/Facility Operations and Management—Projects that address operational or marketing opportunities and issues of markets and/or farmers/vendors to: enhance product value and sales; increase revenue and efficiency; or reduce expenses. These projects may address: • The use and effect of advertising, market promotion, labeling, and/or signage and the measurement of their impact. • Waste management/recycling. • Liability coverage and insurance. • Facility planning and/or design. • Transportation and delivery systems. • Infrastructure for electronic benefits transfer

(EBT)usage; processing, kitchen incubators, storage, packaging, and refrigeration. Any of the projects within each category above can be identified as a “primary” or “secondary” proposal activity. Only one activity, however, should be selected and identified as the “primary project activity” for FMPP grant funding uses. See “Proposal Narrative,” sections 6.l. and 6.m. in “Proposal and Application Preparation,” for more information. Ineligible Grant Uses FMPP grant funds cannot be used to pay for: 1. Acquisition of land, repair, rehabilitation, acquisition or construction of a building or facility. 2. Political or lobbying activities. 3. Any activities prohibited by 7 CFR parts 3015 and 3019. How To Submit Proposals and Applications Each application must contain the following information stated in the “Proposal Preparation” section of the NOFA: Forms SF-424, SF-424A, and SF-424B; the entity DUNS number; the entity eligibility statement; and the proposal narrative. Electronic forms, proposals, letters of support, or any other application materials emailed directly to AMS or USDA-AMS staff will not be accepted. Following are the options available for submitting proposals and applications to AMS: Paper Submissions—For paper submissions an original and one copy of the proposal, required forms, narrative, letters of support, and all required materials *must be submitted in one package, preferably via express mail.* Because packages sent to the Agency through the United States Postal Service can be damaged or delayed due to security procedures at USDA Washington DC headquarters, express mail services or couriers are strongly recommended. Paper submissions must be sent to: Mr. Errol Bragg, Associate Deputy Administrator, Marketing Services Branch, Transportation and Marketing Programs, AMS, USDA, Room 2646-South, 1400 Independence Avenue, SW., Washington, DC, 20250-0269. If an e-mail address is provided on Form SF-424, FMPP will send an e-mail message to the applicant confirming receipt of the application package. Electronic Submissions via Grants.gov—Applicants may apply electronically for grants through the Federal grants Web site: *http://www.Grants.gov* . Applicants who submit their FMPP proposals via the Federal grants Web site are not required to submit any paper documents to FMPP. FMPP is listed in the “Catalog of Federal Domestic Assistance” under number 10.168 and subject agencies must adhere to Title VI of the Civil Rights Act of 1964, which bars discrimination in all federally assisted programs. Dated: February 21, 2007. Lloyd Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-3263 Filed 2-26-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Commodity Credit Corporation Information Collection; Commodity Request (Food Aid Request Entry System, FARES) AGENCY: Commodity Credit Corporation, USDA. ACTION: Notice; request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation

(CCC)is seeking comments from all interested individuals and organizations on the extension and revision of an approved information collection under the Paperwork Reduction Act. CCC procures various processed foods and commodities to be exported and donated for use in humanitarian food aid programs. Information related to this activity is collected and processed electronically through the Food Aid Request Entry System (FARES). DATES: Comments on this notice must be received on or before April 30, 2007 to be assured consideration. ADDRESSES: Comments concerning this notice should be addressed to: Khristy Baughman, Chief, Business Operations Support Division, Kansas City Commodity Office, 6501 Beacon Drive, Kansas City, Missouri 64133-4676. Comments also may be submitted via facsimile to

(816)926-1648, telephone

(816)926-6509 or by e-mail to *khristy.baughman@kcc.fsa.gov.* Comments regarding this information collection requirement may be directed to the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB), Attention: Desk Officer for USDA, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Sharon Hadder, Marketing Specialist,

(202)720-3816, or *Sharon.Hadder@fsa.usda.gov.* SUPPLEMENTARY INFORMATION: Description of Information Collection *Title:* Food Aid Request Entry System (FARES). *OMB Control Number:* 0560-0225. *Type of Request:* Extension with revision. *Abstract:* The information collection is necessary for the Commodity Credit Corporation

(CCC)to procure various processed foods and commodities for export under humanitarian food aid programs. The FARES was developed to automate the entry of commodity requests submitted to CCC from the United States Agency for International Development (USAID), private voluntary organizations (PVOs), the World Food Program (WFP), the Foreign Agricultural Service (FAS), and the Farm Service Agency (FSA). *Estimate of Burden:* Public reporting burden for collecting information under this notice is estimated to average .75 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information. *Respondents:* USAID, PVOs, the WFP, FAS and FSA. *Respondents:* 305. *Estimated Number of Annual Responses per Respondent:* 12. *Estimated Total Annual Burden on Respondents:* 2,745 hours. *Comment is invited on:*

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

(b)the accuracy of the agency's estimate of burden, including the validity of the methodology and assumptions used;

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

(d)ways to minimize the burden of the collection of the 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. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission for OMB approval. Signed at Washington, DC, on February 21, 2007. Teresa C. Lasseter, Executive Vice President, Commodity Credit Corporation. [FR Doc. E7-3374 Filed 2-26-07; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—Child and Adult Care Food Program (CACFP) Meal Claiming Data Collection Pilot Project—Data Collection Instrument AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service

(FNS)invites the general public and other public agencies to comment on this proposed information collection. This notice announces FNS' intent to request from the Office of Management and Budget

(OMB)approval of the data collection instrument for the CACFP Meal Claiming Data Collection Pilot Project. DATES: Written comments on this notice must be received on or before April 30, 2007. ADDRESSES: Comments may be sent to: Fred Lesnett, Contracting Officer's Representative, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Alexandria, VA 22302. Comments may also be submitted via fax to the attention of Fred Lesnett at 703-305-2576 or via e-mail to *Fred.Lesnett@fns.usda.gov.* *Comments are invited on:*

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

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of this information collection should be directed to Fred Lesnett at 703-605-0811. SUPPLEMENTARY INFORMATION: *Title:* CACFP Meal Claiming Data Collection Pilot Project. *OMB Number:* Not Yet Assigned. *Expiration Date:* Not yet determined. *Type of Request:* New collection of information. *Abstract:* The Improper Payments Information Act of 2002

(Act)(Pub. L. 107-300) requires the Department of Agriculture

(USDA)to identify and reduce significant improper over- and under-payments in various programs, including the Child and Adult Care Food Program (CACFP). Therefore, the Food and Nutrition Service (FNS), on behalf of the Secretary of Agriculture, is conducting a feasibility evaluation of four possible data collection methods for validating the number and type of meals claimed for reimbursement by family day care homes (FDCHs) in the CACFP. The feasibility evaluation is scheduled to collect data from August 2007 until September 2007. Localized data collection is to be conducted in up to four States to evaluate whether the data collection methodologies under evaluation can: *Validate the meal reimbursement claims submitted by FDCHs for the number of children who are CACFP eligible and present in the FDCHs during the time period(s) for which the meals/snacks were claimed. *Generate the data required for developing an estimate of improper payments, based on the meals claimed for reimbursement by FDCHs, that meet the requirements of the IPIA. *Be implemented nationwide in an efficient and cost effective method. Under this task order, the contractor is to conduct a pretest evaluation which compares meal reimbursement claims submitted by FDCHs to their sponsors and data collected through each of the following four proposed data collection methodologies: *Recollections of parents/guardians on their children's attendance at the FDCHs during the days and times of the claims. *Parent sign-in/sign-out logs which are maintained at FDCH locations and are designed to track, by day and time, parents' dropping off and picking up of their children. *Parent sign-in/sign-out logs and the recollections of parents/guardians. *Observations made on site visits to FDCHs during scheduled meal times. Based on the findings from the pretest evaluation, the contractor shall recommend which of the data collection methods, up to four, have the greatest chance of success for validating meal reimbursement claims submitted by FDCHs. The recommended methods of data collection shall be tested by the contractor at a local level and evaluated. The testing and after-test evaluation of the selected data collection methodologies shall address, at a minimum, the following questions: *What are the strengths of the proposed methodology for validating the meal reimbursement claims submitted by FDCHs? *What are the weaknesses of the proposed methodology for validating the meal reimbursement claims submitted by FDCHs? What, if any, steps could be taken to overcome these weaknesses? *What is the level of confidence that the estimations of improper payments developed from application of the tested data collection methodology will meet the requirements in the IPIA? *What is the feasibility of administering the validation methodology on a national level? Could the methodology be administered at this time on a national level? What are the factors or events that must be present for the projected level of feasibility to take place? *What is the potential cost of implementing each of the data collection methodologies nationwide? After completing the testing and evaluation of the recommended data collection methods, the contractor shall propose a data collection methodology to validate the meals claimed for reimbursement. The contractor's recommended data collection methodology shall be: *Presented in sufficient detail so as to be able to be applied and tested. *Designed so that it has a high probability of validating the meal reimbursement claims submitted by FDCHs. *Feasible to administer from both a practicality and cost standpoint on a national scale. *Affected Public:* A parent/guardian of each of the children attending a sample of FDCHs will be sampled and contacted by telephone. *Estimated Number of Respondents:* The estimated number of respondents included in the survey of parents is 150. *Estimated Number of Responses per Respondent:* The number of responses per set of parents/guardians for a child attending a FDCH is one. *Estimated Time per Response:* The estimated average time to respond to the parent/guardian survey is 10 minutes (.17/Hour). *Estimated Total Annual Burden on Respondents:* 25 hours. Dated: February 16, 2007. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E7-3308 Filed 2-26-07; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed collection; Comment Request—Evaluation of the Nebraska Rural Area Eligibility Determination for Day Care Homes Pilot AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service

(FNS)invites the general public and other public agencies to comment on this proposed information collection. This notice announces FNS' intent to request from the Office of Management and Budget

(OMB)approval to collect information for the evaluation of impacts of the Rural Area Eligibility Determination for Day Care Homes Pilot in Nebraska. DATES: Written comments must be received on or before April 30, 2007. ADDRESSES: Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Dr. John A. Kirlin, Contracting Officer's Representative, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Alexandria, VA 22302. Comments may also be submitted via fax to the attention of John A. Kirlin at 703-305-2576 or via e-mail to *John.Kirlin@fns.usda.gov.* All responses to this notice will be summarized and included in the request for OMB approval. All comments will be a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of this information collection should be directed to John A. Kirlin at 703-305-2128. SUPPLEMENTARY INFORMATION: *Title:* Evaluation of the Nebraska Rural Area Eligibility Determination for Day Care Homes Pilot. *OMB Number:* Not Yet Assigned. *Expiration Date:* Not yet determined. *Type of Request:* New collection of information. *Abstract:* As authorized by Public Law 108-265 (Section 119 of the Child Nutrition and WIC Reauthorization Act of 2004), which amended Section 17 of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1766 (p), the Food and Nutrition Service (FNS), on behalf of the Secretary of Agriculture, is evaluating the impacts of the Rural Area Eligibility Determination for Day Care Homes pilot in Nebraska. The two-year pilot expands the threshold for determining eligibility for the Child and Adult Care Food Program (CACFP) in rural areas of Nebraska where poor economic conditions exist. The State of Nebraska is authorized by this legislation to use either school data (on the percent of students qualifying for free or reduced-price school lunches) or census data to determine the eligibility threshold for higher (tier I) reimbursement rates. During the two-year pilot, the area eligibility threshold is reduced from the current criterion (50 percent of students qualifying for free or reduced-price school lunches) to 40 percent, thereby letting more areas qualify for higher reimbursement rates. The pilot runs from October 1, 2005 through September 30, 2007. The evaluation of the pilot will examine the impact of the reduced area eligibility threshold on:

(1)The number of family day care homes offering meals through the CACFP in rural areas;

(2)the number of family day care homes offering meals as a tier I entity, that would otherwise be defined as tier II family day care home under program regulations;

(3)the geographic location of the family day care homes;

(4)a description of services provided to eligible children; and

(5)other factors determined by the Secretary. The evaluation will collect information from CACFP staff at the Nebraska Department of Education, from CACFP sponsor agencies in the state, from family day care providers, and from parents of children in family day care homes. Two surveys will be conducted: A survey of a random sample of family day care providers (Provider Survey); and a survey of a random sample of providers who drop out of the CACFP program after the pilot ends and reimbursement levels for some providers decrease (Exit Survey). A report of the results of the evaluation is due to Congress no later than March 31, 2008. *Affected Public:* Two respondent groups are identified:

(1)A random sample of all rural family day care providers in Nebraska who participate in the CACFP at the time of the planned survey (Summer 2007), and

(2)a random sample of all rural family day care providers in Nebraska who exit the CACFP program after the end of the pilot. *Estimated Number of Respondents:* 632. The estimated number of respondents to the Provider Survey is 582. The estimated number of respondents to the Exit Survey is uncertain because the number of exiting providers is unknown. The evaluation contractor will survey up to 50 respondents as part of the Exit Survey. *Estimated Number of Responses per Respondent:* The number of responses per respondent is one for each of the two surveys. Because both surveys will contact random samples of the family day care community in rural areas of Nebraska, however, it is possible that some exiting providers who are contacted for the second survey may also have responded to the first survey. If the probability of exiting is equally distributed across the approximately 1,350 rural providers in Nebraska, and if at least 50 rural providers leave the CACFP program after the pilot ends, the a priori likelihood of a provider being sampled for both surveys is approximately 1.6 percent (i.e., about a 43 percent chance of being selected for the Provider Survey times about a 3.7 percent chance of being selected for the Exit Survey). *Estimated Total Annual Responses:* 632. *Estimated Time per Response:* 38.4 minutes (0.64 hours). The estimated average time to respond to the Provider Survey is 40 minutes (0.67 hours), based on a pre-test of the draft instrument in December 2006 and subsequent revisions based on pre-test results. The data collection instrument for the Exit Survey cannot be pre-tested because the pilot will not end until September 30, 2007. The Exit Survey instrument shares many questions with the Provider Survey instrument, however, and the pre-test results for the Provider Survey are used to estimate average response time for the Exit Survey, which is 20 minutes (0.33 hours). *Estimated Total Annual Burden on Respondents:* 405 hours. Dated: February 16, 2007. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E7-3309 Filed 2-26-07; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Child Nutrition Programs—Income Eligibility Guidelines AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: This Notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2007 through June 30, 2008. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index. DATES: *Effective Date:* July 1, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Eadie, Chief, Policy and Program Development Branch, Child Nutrition Division, FNS, USDA, Alexandria, Virginia 22302, or by phone at

(703)305-2590. SUPPLEMENTARY INFORMATION: This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), no new recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget. This action is exempted from review by the Office of Management and Budget under Executive Order 12866. These programs are listed in the Catalog of Federal Domestic Assistance under No. 10.553, No. 10.555, No. 10.556, No. 10.558 and No. 10.559 and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR Part 3015, Subpart V, and the final rule related notice published at 48 FR 29114, June 24, 1983.) Background Pursuant to sections 9(b)(1) and 17(c)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1) and 42 U.S.C. 1766(c)(4)), and sections 3(a)(6) and 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)(6) and 1773(e)(1)(A)), the Department annually issues the Income Eligibility Guidelines for free and reduced price meals for the National School Lunch Program (7 CFR Part 210), the Commodity School Program (7 CFR Part 210), School Breakfast Program (7 CFR Part 220), Summer Food Service Program (7 CFR Part 225) and Child and Adult Care Food Program (7 CFR Part 226) and the guidelines for free milk in the Special Milk Program for Children (7 CFR Part 215). These eligibility guidelines are based on the Federal income poverty guidelines and are stated by household size. The guidelines are used to determine eligibility for free and reduced price meals and free milk in accordance with applicable program rules. Definition of Income In accordance with the Department's policy as provided in the Food and Nutrition Service publication *Eligibility Guidance for School Meals Manual,* “income,” as the term is used in this Notice, means income before any deductions such as income taxes, Social Security taxes, insurance premiums, charitable contributions and bonds. It includes the following:

(1)Monetary compensation for services, including wages, salary, commissions or fees;

(2)net income from nonfarm self-employment;

(3)net income from farm self-employment;

(4)Social Security;

(5)dividends or interest on savings or bonds or income from estates or trusts;

(6)net rental income;

(7)public assistance or welfare payments;

(8)unemployment compensation;

(9)government civilian employee or military retirement, or pensions or veterans payments;

(10)private pensions or annuities;

(11)alimony or child support payments;

(12)regular contributions from persons not living in the household;

(13)net royalties; and

(14)other cash income. Other cash income would include cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources that would be available to pay the price of a child's meal. “Income,” as the term is used in this Notice, does *not* include any income or benefits received under any Federal programs that are excluded from consideration as income by any legislative prohibition. Furthermore, the value of meals or milk to children shall not be considered as income to their households for other benefit programs in accordance with the prohibitions in section 12(e) of the Richard B. Russell National School Lunch Act and section 11(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1760(e) and 1780(b)). The Income Eligibility Guidelines The following are the Income Eligibility Guidelines to be effective from July 1, 2007 through June 30, 2008. The Department's guidelines for free meals and milk and reduced price meals were obtained by multiplying the year 2007 Federal income poverty guidelines by 1.30 and 1.85, respectively, and by rounding the result upward to the next whole dollar. The income eligibility chart for School Year 2007-2008 continues the changes that were implemented for School Year 2004-2005. Prior to School Year 2004-2005, the Department displayed the monthly and weekly amounts for the Federal poverty guidelines in addition to the annual figures as issued by the Department of Health and Human Services. This Notice, however, only displays the annual figures because the monthly and weekly Federal poverty guidelines were not used to determine the Income Eligibility Guidelines. As detailed below, all calculations are based on the annual figures. In addition, the chart which details the free and reduced price eligibility criteria includes columns for income received twice monthly as well as income received every two weeks. To differentiate, a person paid every two weeks is paid 26 times per year, whereas a person paid twice monthly is paid 24 times per year. Furthermore, the inclusion of information about income received twice per month as well as income received every two weeks conforms to the format used by the Special Supplemental Nutrition Program for Women, Infants and Children

(WIC)(42 U.S.C. 1786; 7 CFR Part 246). Income calculations are made based on the following formulas: Monthly income is calculated by dividing the annual income by 12; twice monthly income is computed by dividing annual income by 24; income received every two weeks is calculated by dividing annual income by 26; and weekly income is computed by dividing annual income by 52. All numbers are rounded upward to the next whole dollar. The numbers reflected in this notice for a family of four in the 48 contiguous states, the District of Columbia, Guam and the territories represent an increase of 3.25% over last year's level for a family of the same size. BILLING CODE 3410-30-P EN27FE07.008 Authority: (42 U.S.C. 1758(b)(1)) Dated: February 16, 2007. Roberto Salazar, Administrator. [FR Doc. 07-883 Filed 2-26-07; 8:45 am]

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