Notices. Final rule; correction

48,035 words·~218 min read·/register/2007/03/07/07-1053

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

BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 061227341-7031-02; I.D. 120406A] RIN 0648-AU99 Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Hawaii Shallow-Set Longline Fishery; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. SUMMARY: This document contains corrections to the final regulations that were published in the **Federal Register** on February 26, 2007, and are effective March 28, 2007.

The published rule amended CFR text that is effective only through March 19, 2007. This correction changes the amendatory instructions in the final rule to accurately reflect effective CFR parts as of March 28, 2007. These changes ensure that the 7-day delay in effectiveness is permanently removed when closing the Hawaii-based shallow-set longline fishery as a result of reaching interaction limits for sea turtles. DATES: Effective March 28, 2007. FOR FURTHER INFORMATION CONTACT:

Bob Harman, NMFS Pacific Islands Region, 808-944-2271. SUPPLEMENTARY INFORMATION: The final rule published on February 26, 2007 (72 FR 8289) and effective March 28, 2007, removes the 7-day delay in effectiveness when closing the Hawaii-based shallow-set longline fishery as a result of reaching interaction limits for sea turtles. It allows for an immediate closure of the fishery to enhance protection of sea turtles. The amendatory instructions that are the subject of this correction refer to § 665.22 and § 665.33 in the CFR.

The amendatory instructions in the published final rule (72 FR 8289) were written to amend CFR text that is effective only through March 19, 2007. This correction makes two changes to the amendatory instructions to accurately reflect effective CFR parts as of March 28, 2007. In the amendatory instruction for § 665.22, “revise” is replaced with “add”. This change is necessary to insert revisions of paragraphs

(ss)and

(tt)that were effective through March 19, 2007. In amendatory instruction for § 665.33, the phrase, “remove paragraphs (b)(2)(iii) and (iv)”, is removed, since the subject paragraphs will no longer be effective on March 28, 2007. Correction Accordingly, the final rule amendatory instructions published on February 26, 2007 in 72 FR 8289 are corrected as follows: § 665.22 [Amended] On page 8291, column 2, the second amendatory instruction is correctly revised as follows: 2. In § 665.22, add paragraphs

(ss)and

(tt)to read as follows: § 665.33 [Amended] On page 8291, column 2, the third amendatory instruction is revised to read as follows: 3. In § 665.33, revise paragraphs (b)(2)(i) and

(ii)to read as follows: Dated: February 28, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7-3902 Filed 3-6-07; 8:45 am] BILLING CODE 3510-22-S 72 44 Wednesday, March 7, 2007 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No. AMS-FV-06-0225; FV07-932-1 PR] Olives Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. SUMMARY: This rule proposes an increase in the assessment rate established for the California Olive Committee (committee) for the 2007 and subsequent fiscal years from $11.03 to $47.84 per assessable ton of olives handled. The committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Comments must be received by March 22, 2007. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax:

(202)720-8938, or Internet: *http://www.regulations.gov.* Comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Jennifer R. Garcia, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(559)487-5901, Fax:

(559)487-5906; or E-mail: *Jennifer.Garcia@usda.gov* or *Kurt.Kimmel@usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 148 and Order No. 932, both as amended (7 CFR part 932), regulating the handling of olives grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California olive handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as proposed herein would be applicable to all assessable olives beginning on January 1, 2007, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule would increase the assessment rate established for the committee for the 2007 and subsequent fiscal years from $11.03 to $47.84 per ton of assessable olives from the applicable crop years. The California olive marketing order provides authority for the committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The fiscal year, which is the 12-month period between January 1 and December 31, begins after the corresponding crop year, which is the 12-month period beginning August 1 and ending July 31 of the subsequent year. Fiscal year budget and assessment recommendations are made after the corresponding crop year olive tonnage is reported. The members of the committee are producers and handlers of California olives. They are familiar with the committee's needs and with costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2006 and subsequent fiscal years, the committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal year to fiscal year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other information available to USDA. The committee met on December 12, 2006, and unanimously recommended 2007 fiscal year expenditures of $950,396 and an assessment rate of $47.84 per ton of assessable olives. In comparison, the budgeted expenditures for fiscal year 2006 were $1,301,121. The assessment rate of $47.84 is $36.81 higher than the rate currently in effect. The committee recommended the higher assessment rate because the 2006-07 assessable olive receipts as reported by the California Agricultural Statistics Service

(CASS)are only 16,270 tons, which compares to 114,761 tons in 2005-06. Unusual weather conditions, including a wet winter and very hot summer, contributed to a substantially smaller crop. The committee also plans to use available reserve funds to help meet its 2007 expenses. The major expenditures recommended by the committee for the 2007 fiscal year include $365,775 for research, $332,450 for marketing activities, and $252,171 for administration. Budgeted expenditures for these items in 2006 were $210,000, $800,700, and $290,421, respectively. The committee recommended a larger 2007 research budget so it can continue its ongoing olive fly research and research to develop a mechanical olive harvesting method. The 2007 marketing program would be scaled back. Recommended decreases in the administrative budget are due mainly to tighter budgeting in several areas. The assessment rate recommended by the committee was derived by considering anticipated fiscal year expenses, actual olive tonnage received by handlers during the 2006-07 crop year, and additional pertinent factors. Actual assessable tonnage for the 2007 fiscal year is expected to be lower than the 2006-07 crop receipts of 16,270 tons reported by the CASS because some olives may be diverted by handlers to uses that are exempt from marketing order requirements. Income derived from handler assessments, along with funds from the committee's authorized reserve and interest income, would be adequate to cover budgeted expenses. Funds in the reserve would be kept within the maximum permitted by the order of approximately one fiscal year's expenses (§ 932.40). The proposed assessment rate would continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other available information. Although this assessment rate is effective for an indefinite period, the committee would continue to meet prior to or during each fiscal year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of committee meetings are available from the committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The committee's 2007 budget and those for subsequent fiscal years would be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 850 producers of olives in the production area and 2 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,500,000. Based upon information from the committee, the majority of olive producers may be classified as small entities. Both of the handlers may be classified as large entities. This rule would increase the assessment rate established for the committee and collected from handlers for the 2007 and subsequent fiscal years from $11.03 to $47.84 per ton of assessable olives. The committee unanimously recommended 2007 expenditures of $950,396 and an assessment rate of $47.84 per ton. The proposed assessment rate of $47.84 is $36.81 higher than the 2006 rate. The higher assessment rate is necessary because assessable olive receipts for the 2006-07 crop year were reported by the CASS to be 16,270 tons, compared to 114,761 tons for the 2005-06 crop year. Actual assessable tonnage for the 2007 fiscal year is expected to be lower because some of the receipts may be diverted by handlers to exempt outlets on which assessments are not paid. Income generated from the $47.84 per ton assessment rate should be adequate to meet this year's expenses when combined with funds from the authorized reserve and interest income. Funds in the reserve would be kept within the maximum permitted by the order of about one fiscal year's expenses (§ 932.40). Expenditures recommended by the committee for the 2007 fiscal year include $365,775 for research, $332,450 for marketing activities, and $252,171 for administration. Budgeted expenses for these items in 2006 were $210,000, $800,700, and $290,421 respectively. The committee recommended a larger 2007 research budget so it can continue its olive fly research projects and research to develop a mechanical olive harvesting method. The 2007 marketing program would be scaled back. Recommended decreases in the administrative budget are due mainly to tighter budgeting in several areas. Prior to arriving at this budget, the committee considered information from various sources, such as the committee's Executive, Market Development, and Research Subcommittees. Alternate spending levels were discussed by these groups, based upon the relative value of various research and marketing projects to the olive industry and the reduced olive production. The assessment rate of $47.84 per ton of assessable olives was derived by considering anticipated expenses, the volume of assessable olives and additional pertinent factors. A review of historical information indicates that the grower price for the 2006-07 crop year was approximately $960.57 per ton for canning fruit and $344.56 per ton for limited-use sizes, leaving the balance as unusable cull fruit. Approximately 87 percent of a ton of olives are canning fruit sizes and 9 percent are limited use sizes, leaving the balance as unusable cull fruit. Grower revenue on 16,270 total tons of canning and limited-use sizes would be $14,704,092 given the current grower prices for those sizes. Therefore, with an assessment rate increased from $11.03 to $47.84, the estimated assessment revenue is expected to be approximately 5 percent of grower revenue. This action would increase the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the committee's meeting was widely publicized throughout the California olive industry and all interested persons were invited to attend the meeting and participate in committee deliberations on all issues. Like all committee meetings, the December 12, 2006, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large California olive handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab/html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 15-day comment period is provided to allow interested persons to respond to this proposed rule. Fifteen days is deemed appropriate because:

(1)The 2007 fiscal year began on January 1, 2007, and the marketing order requires that the rate of assessment for each fiscal year apply to all assessable olives handled during such fiscal year;

(2)the committee needs sufficient funds to pay its expenses, which are incurred on a continuous basis; and

(3)handlers are aware of this action, which was discussed by the committee and unanimously recommended at a public meeting, and is similar to other assessment rate actions issued in past years. List of Subjects in 7 CFR Part 932 Marketing agreements, Olives, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 932 is proposed to be amended as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 932 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 932.230 is revised to read as follows: § 932.230 Assessment rate. On and after January 1, 2007, an assessment rate of $47.84 per ton is established for California olives. Dated: March 1, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-3936 Filed 3-6-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26598; Directorate Identifier 2006-CE-87-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of the comment period. SUMMARY: We are revising an earlier NPRM for the products listed above. This proposed AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been found cases of corrosion at regions of Wings-to-Fuselage attachments, Vertical Stabilizer to Fuselage attachments, Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead to subsequent fatigue cracking of the parts affected, reducing the aircraft structural integrity, which may in turn lead to structural failure and/or loss of some control surface. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by April 6, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*

(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone:

(816)329-4146; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26598; Directorate Identifier 2006-CE-87-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We proposed to amend 14 CFR part 39 with an earlier NPRM for the specified products, which was published in the **Federal Register** on January 8, 2007 (72 FR 678). That earlier NPRM proposed to require actions intended to address the unsafe condition for the products listed above. Since that NPRM was issued, the FAA has received three verbal comments requesting additional time to comment on the proposed rule. Since the NPRM comment period has already closed, the FAA is granting this extension by reopening the comment period instead of extending the comment period. Relevant Service Information Embraer—Empresa Brasileira de Aeronutica S.A. (EMBRAER) has issued Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. Comments We gave the public the opportunity to participate in developing this AD. We received no written comments on the NPRM or on the determination of the cost to the public. We did receive three verbal comments requesting additional time to comment on the proposed rule. Since others may want additional time to comment who did not contact the FAA, we are reopening the comment period for an additional 30 days. FAA's Determination and Requirements of the Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. We have since determined that the scope of the earlier NPRM made it difficult for the public to comment within the original comment period. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on the proposed AD. Differences Between This Proposed AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 42 products of U.S. registry. We also estimate that it would take about 942 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $3,165,120 or $75,360 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Docket No. FAA-2006-26598; Directorate Identifier 2006-CE-87-AD. Comments Due Date

(a)We must receive comments by April 6, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Models EMB-110P1 and EMB-110P2 airplanes, all serial numbers, certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code 51: Structures. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: It has been found cases of corrosion at regions of Wings-to-Fuselage attachments, Vertical Stabilizer to Fuselage attachments, Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead to subsequent fatigue cracking of the parts affected, reducing the aircraft structural integrity, which may in turn lead to structural failure and/or loss of some control surface. Actions and Compliance

(f)Unless already done, do the following actions.

(1)Within the next 30 days or 100 hours time-in-service after the effective date of this AD, whichever occurs first, carry out a general visual inspection

(GVI)for corrosion at the regions of the Wings-to-Fuselage attachments, Vertical Stabilizer to Fuselage attachments, Rib 1 Half-wing, and Passenger Seat Tracks, according to Parts I, II, and III of the Embraer—Empresa Brasileira de Aeronutica S.A. (EMBRAER) Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006.

(i)All structures found corroded or cracked as a result of the inspections conducted above, must be addressed prior to further flight in accordance with detailed instructions and procedures described in EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006.

(ii)Previous accomplishment of the EMBRAER Alert Service Bulletin S.B. No.: 110-00-A007, dated March 6, 2006, or the implementation of the tasks above, required by section VI of the Maintenance Planning Guides TP 110P2/145, PM 110/652, or PM 110/165, are considered acceptable methods of compliance with the requirements of (f)(1) of this AD.

(2)Within the next 30 days after the effective date of this AD, accomplish Part IV of the EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006. All structures found corroded or cracked as a result of the inspections conducted above, must be addressed prior to further flight in accordance with detailed instructions and procedures described in EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006.

(3)Within the next 12 months after the effective date of this AD, accomplish Part V of the EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006. All structures found corroded or cracked as a result of the inspections conducted above, must be addressed prior to further flight in accordance with detailed instructions and procedures described in EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006. Note 1: For the purpose of this AD a GVI is: “A visual examination of an interior or exterior area, installation or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance, unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or drop-light; and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4146; fax:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et.seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI National Agency of Civil Aviation

(ANAC)AD No.: 2006-10-01, dated October 25, 2006, EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006, and EMBRAER Alert Service Bulletin S.B. No.: 110-00-A007, dated March 6, 2006 for related information. Issued in Kansas City, Missouri, on March 1, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3987 Filed 3-6-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF STATE 22 CFR Part 51 [Public Notice 5712] RIN 1400-AC28 Passports AGENCY: Department of State. ACTION: Proposed rule. SUMMARY: The proposed rule would reorganize, restructure, and update the passport regulations contained in 22 CFR part 51 in order to make them easier for the users to access the information, to better reflect current practices and changes in statutory authority, and to remove outdated provisions. DATE: The Department will accept comments on this proposed regulation until May 7, 2007. ADDRESSES: You may submit comments, identified by the following methods (no duplicates, please): • *Federal eRulemaking Portal: http://www.regulations.gov/index.cfm.* Follow the instructions for submitting comments. • *Electronically:* You may submit electronic comments to: *Comments.22.CFR.Part_51.update@state.gov* . Attachments must be in Microsoft Word. • *Mail (paper, disk, or CD-ROM submissions):* Comments by mail should be addressed to: Director, Office of Passport Policy, Planning and Advisory Services, Bureau of Consular Affairs, 2100 Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037, fax

(202)663-2654. *Instructions:* All submissions must include the Regulatory Identification Number (RIN). FOR FURTHER INFORMATION CONTACT: Consuelo Pachon, Office of Passport Policy,

(202)663-2662. Hearing or speech-impaired persons may use the Telecommunications Devices for the Deaf

(TDD)by contacting the Federal Information Relay Service at 1-800-877-8339. SUPPLEMENTARY INFORMATION: The Department's Bureau of Consular Affairs is proposing to update and amend its passport regulations in 22 CFR Part 51. Most of the current passport regulations in Part 51 of 22 CFR were issued in 1966, although significant modifications have been made as needed. For example, in recent years the passport regulations have been amended to improve our ability to combat international parental child abduction by requiring that both parents consent to passport issuance to minors under age 14 (with specified exceptions) and to enhance the security of the passport by introducing the electronic passport and eliminating passport amendments. Still, many of the current provisions in Part 51 have not been revised in many years, and the Department believes it useful for them to be modernized and restructured in their entirety. Accordingly, this proposed rule reorganizes and updates existing passport regulations in order to make them easier for users to access the information, to better reflect current practice and changes in statutory authority, and to remove outdated provisions. In general, the proposed revisions do not mark a departure from current policy. Rather the Department's intent is to bring greater clarity to current passport policy and practice and to present it in a less cumbersome way. The more notable changes are discussed below. *Passport Agents and Passport Acceptance Agents.* Proposed §§ 51.1(e), 51.1(f), and 51.22 include new provisions regarding passport agents and passport acceptance agents. They are intended to codify the definition of passport agents and passport acceptance agents and to clarify their qualifications and responsibilities, including the requirement that they be U.S. citizens. *Change of Names on Passports.* The revised § 51.25 (currently § 51.24) is intended to clarify what is required of an applicant whose name has changed and to reflect more accurately Department practice in this regard. *Minors.* The proposed rule in new § 51.28 makes a number of changes to the current provisions in § 51.27 on *Minors.* The Department revised its passport regulations in 2001 to implement the provisions of 22 U.S.C. 213n, requiring that both parents consent to the issuance of a passport to minor children under age 14. The Department further amended the regulations in 2004 to require that children under age 14 appear personally when applying for a passport. The proposed rule in § 51.28(a) would extend the two-parent consent and personal appearance requirements to minors under the age of 16. Raising the age requirement for parental consent to passport issuance to minors under 16 is intended to address the troubling issue of runaway children as well as abduction. The change is also consistent with the age requirements in the Hague Convention on the Civil Aspects of International Child Abduction and current passport regulations permitting issuance of a ten-year passport to minors age 16 and above. A proposed new § 51.28(a)(5)(ii) would amend the “special family circumstances” exceptions to the two-parent consent requirement to include situations in which return of a minor to the jurisdiction of his or her home state or habitual residence is necessary to permit a court of competent jurisdiction to determine custody matters. This change is intended to address the issue of children habitually resident in the United States who are, in effect, wrongfully stranded abroad when an abducting parent or his/her family holds current passports and/or refuses permission for issuance of replacements. The revision would also amend “special family circumstances” to include compelling humanitarian circumstances involving the health, safety or welfare of the minor and ease slightly the standard for “special family circumstances,” from the current very stringent “impossible” to “exceptionally difficult.” To further deal with the issue of runaway minors, proposed § 51.28(b) seeks to reaffirm in clearer language the authority of a passport authorizing officer to require a parent, guardian, or person *in loco parentis* to consent to the issuance of a passport for minors age 16 and above. The proposed new § 51.28(c)(4) clarifies the question of access by parents or guardians to passport records of minors. *Denial, Revocation and Restriction of Passports:* Proposed new § 51.60(b)(9) revises provisions on denial, revocation, and restriction of passports (currently § 51.70) to permit the Department to deny a passport to applicants who are the subject of outstanding state or local warrants of arrest for a felony. Similarly, new § 51.60(d) would permit the Department to deny passport issuance when the Department has been informed by an appropriate foreign government authority or international organization that the applicant is the subject of a warrant of arrest for a felony. Providing the Department with such authority will enhance U.S. border security and law enforcement cooperation. Proposed new § 51.60(c) clarifies the Department's authority to deny passport issuance to applicants who have not repaid repatriation and other emergency loans extended to them and/or members of their immediate family in a foreign country. This provision is intended to improve the Department's ability to collect unpaid debts to the U.S. Government and to address the problem of dependents of U.S. citizens who are abandoned abroad. Proposed new § 51.60(e) would permit the Department to refuse to issue a passport to a wrongfully removed or retained minor, except a passport limited for direct return to the United States, when return of the minor to the jurisdiction of his or her home state or habitual residence is necessary to permit a court of competent jurisdiction to determine custody matters. This provision would enhance the Department's efforts to protect children against international child abduction and to meet its treaty obligations in that regard. Because the Department is proposing to reorganize and renumber Part 51 in its entirety, including sections which have already been commented upon, we are inviting comments only on those changes which are new and for which an opportunity to comment has not been previously offered. For example, an opportunity to comment has been previously provided on provisions pertaining to the two-parent consent requirement, the requirement that minors appear personally to apply for a passport, the introduction of the electronic passport, the elimination of amendments to passports, and the security surcharge. Comments on these settled issues are not being solicited, except for the extension of the parental consent and personal appearance requirements to minors under age 16 from the current age 14. On 10-17-2006, the Department published for comment a separate rulemaking to amend Part 51 to introduce the passport card in order to implement the Western Hemisphere Travel Initiative. The Department will fully consider the comments to the passport card proposal in the context of that separate rulemaking. The final rule pertaining to the passport card will be incorporated into this overall updating of Part 51. Regulatory Findings Administrative Procedure Act The Department is publishing this rule as a proposed rule, with 60 days for public comments and review. Regulatory Flexibility Act/Executive Order 13272: Small Business These proposed changes to the regulations are hereby certified as not expected to have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 301-612, and Executive Order 13272, section 3(b). The Small Business Regulatory Enforcement Fairness Act of 1996 This proposed rule is not a major rule, as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121. This rule would not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and export markets. The Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532 generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $120 million or more by State, local, or tribal governments, or by the private sector. This rule would not result in any such expenditure nor would it significantly or uniquely affect small governments. Executive Orders 12372 and 13132: Federalism This regulation would not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor would the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132. Executive Order 12866: Regulatory Review The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of the proposed regulation justify its costs. The Department does not consider the proposed rule to be an economically significant regulatory action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities. Executive Order 12988: Civil Justice Reform The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Paperwork Reduction Act of 1995 Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 *et seq.* , Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulation. The Department of State has determined that this proposal does not contain new collection of information requirements for the purposes of the PRA. List of Subjects in 22 CFR Part 51 Passports. Accordingly, for the reasons set forth in the preamble, 22 CFR Part 51 is proposed to be revised to read as follows: PART 51—PASSPORTS Sec. 51.1 Definitions. Subpart A—General 51.2 Passport issued to nationals only. 51.3 Types of passports. 51.4 Validity of passports. 51.5 Adjudication and issuance of passports. 51.6 Verification of passports and release of information from passport records. 51.7 Passport property of the U.S. Government. 51.8 Submission of currently valid passport. 51.9 Amendment of passports. 51.10 Replacement passports. Subpart B—Application 51.20 General. 51.21 Execution of passport application. 51.22 Passport agents and passport acceptance agents. 51.23 Identity of applicant. 51.24 Affidavit of identifying witness. 51.25 Name of applicant to be used in passport. 51.26 Photographs. 51.27 Incompetents. 51.28 Minors. Subpart C—Evidence of U.S. Citizenship or Nationality 51.40 Burden of proof. 51.41 Documentary evidence. 51.42 Persons born in the United States applying for a passport for the first time. 51.43 Persons born outside the United States applying for a passport for the first time. 51.44 Proof of Resumption or Retention of U.S. citizenship. 51.45 Department discretion to require evidence of U.S. citizenship or non-citizen nationality. 51.46 Return or retention of evidence of U.S. citizenship or non-citizen nationality. Subpart D—Fees 51.50 Form of payment. 51.51 Passport fees. 51.52 Exemption for payment of passport fees. 51.53 Refunds. 51.54 Replacement passports without payment of applicable fees. 51.55 Execution fee not refundable. 51.56 Expedited passport processing. Subpart E—Denial, Revocation and Restriction of Passports 51.60 Denial and restriction of passports. 51.61 Denial of passports to certain convicted drug traffickers. 51.62 Revocation or limitation of passports. 51.63 Passports invalid for travel into or through restricted areas; prohibition on passports valid only for travel to Israel. 51.64 Special validation of passports for travel to restricted areas. 51.65 Notification of denial or revocation of passport. 51.66 Surrender of passport. Subpart F—Procedures for Review of Certain Denials and Revocations 51.70 Request for hearing to review certain denials and revocations. 51.71 The hearing. 51.72 Transcript and record of the hearing. 51.73 Privacy of hearing. 51.74 Final decision. Authority: 8 U.S.C. 1504; 22 U.S.C. 211a, 212, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a, 218, 2651a, 2671(d)(3), 2705, 2714, 2721; 26 U.S.C. 6039E; 31 U.S.C. 7701, 7901; 42 U.S.C. 652(k) Div. B, Title V of Pub. L. 103-317, 108 Stat. 1760; E.O. 11295, Aug. 6, 1966, FR 10603; Sec. 1 of Pub. L. 109-210, 120 Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat. 3578; Sec. 5 of Pub. L. 109-472, 120 Stat. 3554. § 51.1 Definitions. The following definitions are applicable to this part:

(a)*Department* means the United States Department of State.

(b)*Electronic passport* means a passport containing an electronically readable device, an electronic chip encoded with the bearer's personal information printed on the data page, a digitized version of the bearer's photograph, a unique chip number, and a digital signature to protect the integrity of the stored information.

(c)*Minor* means an unmarried, unemancipated person under 18 years of age.

(d)*Passport* means a travel document regardless of format issued under the authority of the Secretary of State attesting to the identity and nationality of the bearer.

(e)*Passport acceptance agent* means a U.S. citizen designated by the Department to accept passport applications and to administer oaths and affirmations in connection with such applications.

(f)*Passport agent* means a U.S. citizen employee of the Department of State, including consular officers, diplomatic officers and consular agents abroad and such U.S. citizen Department of State employees as the Assistant Secretary for Consular Affairs may designate for the purpose of administering oaths and affirmations for passport applications.

(g)*Passport application* means the application form for a United States passport, as prescribed by the Department pursuant to 22 U.S.C. 213 and all documents, photographs, and statements submitted with the form or thereafter in support of the application.

(h)*Passport authorizing officer* means a U.S. citizen employee who is authorized by the Department to approve the issuance of passports,

(i)*Secretary* means the Secretary of State.

(j)*United States* when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.

(k)*U.S. citizen* means a person who acquired U.S. citizenship at birth or upon naturalization as provided by law and who has not subsequently lost such citizenship.

(l)*U.S. national* means a U.S. citizen or a U.S. non-citizen national.

(m)*U.S. non-citizen national* means a person on whom U.S. nationality, but not U.S. citizenship, has been conferred at birth under 8 U.S.C. 1408, or under other law or treaty, and who has not subsequently lost such non-citizen nationality. Subpart A—General § 51.2 Passport issued to nationals only.

(a)A passport may be issued only to a U.S. national.

(b)Unless authorized by the Department, no person may bear more than one valid passport of the same type. § 51.3 Types of passports.

(a)*Regular passport.* A regular passport is issued to a national of the United States.

(b)*Official passport.* An official passport is issued to an official or employee of the U.S. Government traveling abroad to carry out official duties. When authorized by the Department, spouses and family members of such persons may be issued official passports. When authorized by the Department, an official passport may be issued to a U.S. government contractor traveling abroad to carry out official duties on behalf of the U.S. government.

(c)*Diplomatic passport.* A diplomatic passport is issued to a Foreign Service officer or to a person having diplomatic status or comparable status because he or she is traveling abroad to carry out diplomatic duties on behalf of the U.S. Government. When authorized by the Department, spouses and family members of such persons may be issued diplomatic passports. When authorized by the Department, a diplomatic passport may be issued to a U.S. Government contractor if the contractor meets the eligibility requirements for a diplomatic passport and the diplomatic passport is necessary to complete his or her mission. § 51.4 Validity of passports.

(a)*Signature of bearer.* A passport is valid only when signed by the bearer in the space designated for signature, or, if the bearer is unable to sign, signed by a person with legal authority to sign on his or her behalf.

(b)*Period of validity of a regular passport.*

(1)A regular passport issued to an applicant 16 years of age or older is valid for 10 years from date of issue unless the Department limits the validity period to a shorter period.

(2)A regular passport issued to an applicant under 16 years of age is valid for five years from date of issue unless the Department limits the validity period to a shorter period.

(3)A regular passport for which payment of the fee has been excused is valid for a period of 5 years from the date issued unless limited by the Department to a shorter period.

(c)*Period of validity of an official passport.* The period of validity of an official passport, unless limited by the Department to a shorter period, is five years from the date of issue, or so long as the bearer maintains his or her official status, whichever is shorter. An official passport which has not expired must be returned to the Department upon the termination of the bearer's official status or at such other time as the Department may determine.

(d)*Period of validity of a diplomatic passport.* The period of validity of a diplomatic passport, unless limited by the Department to a shorter period, is five years from the date of issue, or so long as the bearer maintains his or her diplomatic status, whichever is shorter. A diplomatic passport which has not expired must be returned to the Department upon the termination of the bearer's diplomatic status or at such other time as the Department may determine.

(e)*Limitation of validity.* The validity period of any passport may be limited by the Department to less than the normal validity period. The bearer of a limited passport may apply for a new passport, using the proper application and submitting the limited passport, applicable fees, photographs, and additional documentation, if required, to support the issuance of a new passport.

(f)*Invalidity.* A United States passport is invalid as soon as:

(1)The Department has sent or personally delivered a written notice to the bearer stating that the passport has been revoked; or

(2)The passport has been reported as lost or stolen to the Department, a U.S. passport agency or a diplomatic or consular post abroad and the Department has recorded the reported loss or theft; or

(3)The Department has sent a written notice to the bearer that the passport has been invalidated because the Department has not received the applicable fees; or

(4)The Department determines that the passport is no longer valid because it has been materially changed in physical appearance or composition, or contains a damaged, defective or otherwise nonfunctioning chip, or includes unauthorized changes, obliterations, entries or photographs, or has observable wear or tear that renders it unfit for use as a travel document and either takes possession of the passport or sends a written notice to the bearer. § 51.5 Adjudication and issuance of passports.

(a)A passport authorizing officer may adjudicate applications or authorize the issuance of passports.

(b)A passport authorizing officer will examine the passport application and all documents, photographs and statements submitted in support of the application in accordance with guidance issued by the Department. § 51.6 Verification of passports and release of information from passport records.

(a)*Verification.* When required by a foreign government, a consular officer abroad may verify a U.S. passport.

(b)*Release of information.* Information in passport records is subject to the provisions of the Freedom of Information Act

(FOIA)and the Privacy Act. Release of this information may be requested in accordance with Part 171 or Part 172 of this title. § 51.7 Passport property of the U.S. Government.

(a)A passport at all times remains the property of the United States and must be returned to the U.S. Government upon demand.

(b)Law enforcement authorities who take possession of a passport for use in an investigation or prosecution must return the passport to the Department on completion of the investigation and/or prosecution. § 51.8 Submission of currently valid passport.

(a)When applying for a new passport, an applicant must submit for cancellation any currently valid passport of the same type.

(b)If an applicant is unable to produce such a passport for cancellation, he or she must submit a signed statement in the form prescribed by the Department setting forth the circumstances regarding the disposition of the passport. § 51.9 Amendment of passports. Except for the convenience of the U.S. Government, no passport may be amended. § 51.10 Replacement passports. A passport issuing office may issue a replacement passport without payment of applicable fees for the reasons specified in § 51.54. Subpart B—Application § 51.20 General.

(a)An application for a passport, a replacement passport, extra visa pages, or other passport related service must be completed using the forms the Department prescribes.

(b)The passport applicant must truthfully answer all questions and must state every material matter of fact pertaining to his or her eligibility for a passport. All information and evidence submitted in connection with an application is considered part of the application. A person providing false information as part of a passport application, whether contemporaneously with the form or at any other time, is subject to prosecution under applicable Federal criminal statutes. § 51.21 Execution of passport application.

(a)*Application by personal appearance.* Except as provided in § 51.28, to assist in establishing identity, a minor, a person who has never been issued a passport in his or her own name, a person who has not been issued a passport for the full validity period of 10 years in his or her own name within 15 years of the date of a new application, or a person who is otherwise not eligible to apply for a passport by mail under paragraphs

(b)and

(c)of this section, must apply for a passport by appearing in person before a passport agent or passport acceptance agent (see § 51.22). The applicant must verify the application by oath or affirmation before the passport acceptance agent, sign the completed application, provide photographs as prescribed by the Department, provide any other information or documents requested and pay the applicable fees prescribed in the Schedule of Fees for Consular Services (see 22 CFR 22.1).

(b)*Application by mail—persons in the United States.* A person in the United States who previously has been issued a passport valid for 10 years in his or her own name may apply for a new passport by filling out, signing and mailing an application on the form prescribed by the Department if:

(1)The most recently issued previous passport was issued when the applicant was 16 years of age or older;

(2)The application is made not more than 15 years following the issue date of the previous passport; and

(3)The most recently issued previous passport is submitted with the new application. The applicant must also provide photographs as prescribed by the Department and pay the applicable fees prescribed in the Schedule of Fees for Consular Services (22 CFR 22.1).

(c)*Application by mail—persons abroad.* A person in a foreign country where the Department has authorized a post to receive passport applications by mail who previously has been issued a passport valid for 10 years in his or her own name may apply for a new passport in that country by filling out, signing and mailing an application on the form prescribed by the Department if:

(1)The most recently issued previous passport was issued when the applicant was 16 years of age or older;

(2)The application is made not more than 15 years following the issue date of the previous passport; and

(d)Nothing in this Part shall prohibit or limit the Department from authorizing an overseas post to accept a passport application or applications by mail from persons outside the country or outside the person's country of residence in circumstances which prevent provision of these services to the person where they are located or in other unusual circumstances as determined by the Department. § 51.22 Passport agents and passport acceptance agents.

(a)*U.S. citizen Employees of the Department authorized to serve as passport agents.* The following employees of the Department are authorized by virtue of their positions to serve as passport agents unless the Department in an individual case withdraws authorization:

(1)A passport authorizing officer;

(2)A consular officer, or a U.S. citizen consular agent abroad;

(3)A diplomatic officer specifically authorized by the Department to accept passport applications; and

(4)Such U.S. citizen Department of State employees as the Assistant Secretary for Consular Affairs may designate for the purpose of administering oaths and affirmations for passport applications.

(b)*Persons designated by the Department to serve as passport acceptance agents.* When designated by the Department, the following persons are authorized to serve as passport acceptance agents unless the Department in an individual case withdraws authorization.

(1)An employee of the clerk of any Federal court;

(2)An employee of the clerk of any state court of record;

(3)A postal employee at a United States post office that has been selected to accept passport applications;

(4)An employee of the Department of Defense at a military installation that has been authorized to accept passport applications;

(5)An employee of a federal agency that has been selected to accept passport applications; and

(6)Any other person specifically designated by the Department.

(c)*Qualifications of persons designated by the Department to serve as passport acceptance agents.* Before the Department will designate a person described in § 51.22(b) as a passport acceptance agent, his or her employer must certify that the person:

(1)Is a U.S. citizen or a U.S. national;

(2)Is 18 years of age or older;

(3)Is a permanent employee, excluding ad hoc, contractual, and volunteer employees; and

(4)Does not have a record of either:

(i)A federal or state felony conviction; or

(ii)A misdemeanor conviction for crimes involving moral turpitude or breach of trust, including but not limited to embezzlement, identity theft, misappropriation, document fraud, drug offenses, or dishonesty in carrying out a responsibility involving public trust.

(d)*Training.* A passport acceptance agent described in § 51.22(b) must be trained to apply procedures and practices as detailed in guidance provided by the Department. Training must be successfully completed before accepting passport applications.

(e)*Responsibilities.* The responsibilities of a passport acceptance agent described in § 51.22(b) include but are not limited to the following:

(1)*Certifying the identity of each applicant.* Passport acceptance agents must certify that they have personally witnessed the applicant signing his or her application, and that the applicant has:

(i)Personally appeared;

(ii)Presented proper identification, as documented on the application;

(iii)Submitted photographs that are a true likeness; and

(iv)Taken the oath administered by the acceptance agent.

(2)*Safeguarding passport application information under the Privacy Act of 1974.* Passport acceptance agents described in § 51.22(b) must not retain copies of executed applications, nor release passport application information to anyone other than the applicant and the Department.

(3)*Avoiding conflict of interest.* Passport acceptance agents described in § 51.22(b) must not participate in any relationship that could be perceived as a conflict of interest, including but not limited to providing commercial services related to the passport process.

(f)*Documentation.* Passport acceptance facilities within the United States must maintain a current listing of all passport acceptance agents designated under § 51.22(b). This list must be updated at least annually and a copy provided to the officer specified by the Department at the appropriate passport issuing office.

(1)The current listing of all designated passport acceptance agents must include the passport acceptance agents':

(i)Names; and

(ii)Signatures.

(2)Any addition to or deletion from the current listing of designated passport acceptance agents is subject to prior approval by the Department. § 51.23 Identity of applicant.

(a)The applicant has the burden of establishing his or her identity.

(b)The applicant must establish his or her identity by the submission of a previous passport, other state, local or federal government officially issued identification with photograph, or other identifying evidence which may include an affidavit of an identifying witness.

(c)The Department may require such additional evidence of identity as it deems necessary. § 51.24 Affidavit of identifying witness.

(a)An identifying witness must execute an affidavit in the form prescribed by the Department before the person who accepts the passport application.

(b)A person who has received or expects to receive a fee for his or her services in connection with executing the application or obtaining the passport may not serve as an identifying witness. § 51.25 Name of applicant to be used in passport.

(a)The passport shall be issued in the full name of the applicant, generally the name recorded in the evidence of nationality and identity.

(b)The applicant must explain any material discrepancies between the name on the application and the name recorded in the evidence of nationality and identity. The name provided by the applicant on the application may be used if the applicant submits the documentary evidence prescribed by the Department.

(c)A name change will be recognized for purposes of issuing a passport if the name change occurs in one of the following ways.

(1)Court order or decree. An applicant whose name has been changed by court order or decree must submit with his or her application a certified copy of the order or decree. Acceptable types of court orders and decrees include but are not limited to:

(i)A name change order;

(ii)A divorce decree specifically declaring the return to a former name;

(2)Certificate of naturalization issued in a new name.

(3)Marriage. An applicant who has adopted a new name following marriage must present a copy of the marriage certificate.

(4)Customary usage. An applicant who has adopted a new name without formal court proceedings or a marriage must submit evidence of public and exclusive use of the adopted name for a long period of time, in general five years, as prescribed by guidance issued by the Department. The evidence must include three or more public documents, including one government-issued identification with photograph and other acceptable public documents prescribed by the Department. § 51.26 Photographs. The applicant must submit with his or her application photographs as prescribed by the Department. § 51.27 Incompetents. A legal guardian or other person with the legal capacity to act on behalf of a person declared incompetent may execute a passport application on the incompetent person's behalf. § 51.28 Minors.

(a)Minors under age 16.

(1)Personal appearance. Minors under 16 years of age applying for a passport must appear in person, unless the personal appearance of the minor is specifically excused by a senior passport authorizing officer, pursuant to guidance issued by the Department. In cases where personal appearance is excused, the person(s) executing the passport application on behalf of the minor shall appear in person and verify the application by oath or affirmation before a person authorized by the Secretary to administer oaths or affirmations, unless these requirements are also excused by a senior passport authorizing officer pursuant to guidance issued by the Department.

(2)Execution of passport application by both parents or by each legal guardian. Except as specifically provided in this section, both parents or each of the minor's legal guardians, if any, whether applying for a passport for the first time or for a renewal, must execute the application on behalf of a minor under age 16 and provide documentary evidence of parentage or legal guardianship showing the minor's name, date and place of birth, and the names of the parent or parents.

(3)Execution of passport application by one parent or legal guardian. A passport application may be executed on behalf of a minor under age 16 by only one parent or legal guardian if such person provides:

(i)A notarized written statement or affidavit from the non-applying parent or legal guardian, if applicable, consenting to the issuance of the passport, or

(ii)Documentary evidence that such person is the sole parent or has sole custody of the minor. Such evidence includes, but is not limited to, the following:

(A)A birth certificate providing the minor's name, date and place of birth and the name of only the applying parent;

(B)A Consular Report of Birth Abroad of a Citizen of the United States of America or a Certification of Report of Birth of a United States Citizen providing the minor's name, date and place of birth and the name of only the applying parent;

(C)A copy of the death certificate for the non-applying parent or legal guardian;

(D)An adoption decree showing the name of only the applying parent;

(E)An order of a court of competent jurisdiction granting sole legal custody to the applying parent or legal guardian containing no travel restrictions inconsistent with issuance of the passport; or, specifically authorizing the applying parent or legal guardian to obtain a passport for the minor, regardless of custodial arrangements; or specifically authorizing the travel of the minor with the applying parent or legal guardian;

(F)An order of a court of competent jurisdiction terminating the parental rights of the non-applying parent or declaring the non-applying parent or legal guardian to be incompetent.

(G)An order of a court of competent jurisdiction providing for joint legal custody or requiring the permission of both parents or the court for important decisions will be interpreted as requiring the permission of both parents or the court, as appropriate. Notwithstanding the existence of any such court order, a passport may be issued when compelling humanitarian or emergency reasons relating to the welfare of the minor exist.

(4)Execution of passport application by a person acting *in loco parentis* .

(i)A person may apply *in loco parentis* on behalf of a minor under age 16 by submitting a notarized written statement or a notarized affidavit from both parents or each legal guardian, if any, specifically authorizing the application.

(ii)If only one parent or legal guardian provides the notarized written statement or notarized affidavit, the applicant must provide documentary evidence that an application may be made by one parent or legal guardian, consistent with § 51.28(a)(3).

(5)Exigent or special family circumstances. A passport may be issued when only one parent, legal guardian or person acting *in loco parentis* executes the application, in cases of exigent or special family circumstances.

(i)“Exigent circumstances” are defined as time-sensitive circumstances in which the inability of the minor to obtain a passport would jeopardize the health and safety or welfare of the minor or would result in the minor being separated from the rest of his or her traveling party. “Time sensitive” generally means that there is not enough time before the minor's emergency travel to obtain either the required consent of both parents/legal guardians or documentation reflecting a sole parent's/legal guardian's custody rights.

(ii)“Special family circumstances” are defined as circumstances in which the minor's family situation makes it exceptionally difficult for one or both of the parents to execute the passport application; and/or compelling humanitarian circumstances where the minor's lack of a passport would jeopardize the health, safety, or welfare of the minor; or, pursuant to guidance issued by the Department, circumstances in which return of a minor to the jurisdiction of his or her home state or habitual residence is necessary to permit a court of competent jurisdiction to adjudicate or enforce a custody determination. A passport issued due to such special family circumstances may be limited for direct return to the United States in accordance with § 51.60(e).

(iii)A parent, legal guardian, or person acting *in loco parentis* who is applying for a passport for a minor under age 16 under this paragraph must submit a written statement with the application describing the exigent or special family circumstances he or she believes should be taken into consideration in applying an exception.

(iv)Determinations under § 51.28(a)(5) must be made by a senior passport authorizing officer pursuant to guidance issued by the Department.

(6)Nothing contained in this section shall prohibit any Department official adjudicating a passport application filed on behalf of a minor from requiring an applicant to submit other documentary evidence deemed necessary to establish the applying adult's entitlement to obtain a passport on behalf of a minor under the age of 16 in accordance with the provisions of this regulation.

(b)Minors 16 years of age and above.

(1)A minor 16 years of age and above applying for a passport must appear in person and may execute the application for a passport on his or her own behalf unless the personal appearance of the minor is specifically excused by a senior passport authorizing officer pursuant to guidance issued by the Department, or unless, in the judgment of the person before whom the application is executed, it is not advisable for the minor to execute his or her own application. In such case, it must be executed by a parent or legal guardian of the minor, or by a person *in loco parentis, unless the personal appearance of the parent, legal guardian or person in loco parentis is excused by the senior passport authorizing officer pursuant to guidance issued by the Department.*

(2)The passport issuing officer may at any time require a minor 16 years of age and above to submit the notarized consent of a parent, a legal guardian, or a person *in loco parentis* to the issuance of the passport.

(c)Rules applicable to all minors.

(1)Objections. At any time prior to the issuance of a passport to a minor, the application may be disapproved and a passport may be denied upon receipt of a written objection from a parent or legal guardian of the minor, or from another party claiming authority to object, so long as the objecting party provides sufficient documentation of his or her custodial rights or other authority to object.

(2)An order from a court of competent jurisdiction providing for joint legal custody or requiring the permission of both parents or the court for important decisions will be interpreted as requiring the permission of both parents.

(3)The Department will consider a court of competent jurisdiction to be a U.S. state or federal court or a foreign court located in the minor's home state or place of habitual residence.

(4)The Department may require that conflicts regarding custody orders, whether domestic or foreign, be settled by the appropriate court before a passport may be issued.

(5)Access by parents and legal guardians to passport records for minors. Either parent or any legal guardian of a minor may upon written request obtain information regarding the application for and issuance of a passport to a minor, unless the requesting parent's parental rights have been terminated by an order of a court of competent jurisdiction, a copy of which has been provided to the Department. The Department may deny such information to a parent or legal guardian if it determines that the minor objects to disclosure and the minor is 16 years of age or older. Subpart C—Evidence of U.S. Citizenship or Nationality § 51.40 Burden of proof. The applicant has the burden of proving that he or she is a U.S. citizen or non-citizen national. § 51.41 Documentary evidence. The applicant must provide documentary evidence that he or she is a U.S. citizen or non-citizen national. § 51.42 Persons born in the United States applying for a passport for the first time.

(a)Primary evidence of birth in the United States. A person born in the United States generally must submit a birth certificate. The birth certificate must show the full name of the applicant, the applicant's place and date of birth, the full name of the parent(s), and must be signed by the official custodian of birth records, bear the seal of the issuing office, and show a filing date within one year of the date of birth.

(b)Secondary evidence of birth in the United States. If the applicant cannot submit a birth certificate that meets the requirement of paragraph

(a)of this section, he or she must submit secondary evidence sufficient to establish to the satisfaction of the Department that he or she was born in the United States. Secondary evidence includes but is not limited to hospital birth certificates, baptismal certificates, medical and school records, certificates of circumcision, other documentary evidence created shortly after birth but not more than 5 years after birth, and/or affidavits of persons having personal knowledge of the facts of the birth. § 51.43 Persons born outside the United States applying for a passport for the first time.

(a)Generally. A person born outside the United States must submit documentary evidence that he or she meets all the statutory requirements for acquisition of U.S. citizenship or non-citizen nationality under the provision of law or treaty under which the person is claiming U.S. citizenship or non-citizen nationality.

(b)Documentary Evidence.

(1)Types of documentary evidence of citizenship for a person born outside the United States include:

(i)A certificate of naturalization.

(ii)A certificate of citizenship.

(iii)A Consular Report of Birth Abroad.

(2)An applicant without one of these documents must produce supporting documents as required by the Department, showing acquisition of U.S. citizenship under the relevant provisions of law. § 51.44 Proof of resumption or retention of U.S. citizenship. An applicant who claims to have resumed or retained U.S. citizenship must submit with the application a certificate of naturalization or evidence that he or she took the steps necessary to resume or retain U.S. citizenship in accordance with the applicable provision of law. § 51.45 Department discretion to require evidence of U.S. citizenship or non-citizen nationality. The Department may require an applicant to provide any evidence that it deems necessary to establish that he or she is a U.S. citizen or non-citizen national, including evidence in addition to the evidence specified in 22 CFR 51.42 through 51.44. § 51.46 Return or retention of evidence of U.S. citizenship or non-citizen nationality. The Department will generally return to the applicant evidence submitted in connection with an application for a passport. The Department may, however, retain evidence when it deems it necessary. Subpart D—Fees § 51.50 Form of payment. Passport fees must be paid in U.S. currency or in other forms of payments permitted by the Department. § 51.51 Passport fees. The Department collects the following passport fees in the amounts prescribed in the Schedule of Fees for Consular Services (22 CFR 22.1):

(a)An application fee, which must be paid at the time of application, except as provided in § 51.52(a), and is not refundable, except as provided in § 51.53.

(b)An execution fee, except as provided in § 51.52(b), when the applicant is required to execute the application in person before a person authorized to administer oaths for passport purposes. The execution fee is collected at the time of application and is not refundable (see § 51.55). When execution services are provided by an official of a state or local government or of the United States Postal Service (USPS), the state or local government or USPS may retain the fee if authorized to do so by the Department.

(c)A fee for expedited passport processing, if applicable (see § 51.56).

(d)A surcharge of twelve dollars on the filing of each application for a passport in order to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1165 note). The surcharge will be recovered by the Department of State from within the passport fee reflected in Schedule of Consular Fees. The surcharge will be imposed until October 1, 2010.

(e)Any other fee that the Department is authorized or required by law to charge for passport services.

(f)The foregoing fees are applicable regardless of the validity period of the passport. § 51.52 Exemption for payment of passport fees. The following persons are exempt from payment of passport fees except for the passport execution fee, unless their applications are executed before a federal official, in which case they are also exempt from payment of the passport execution fee:

(a)An officer or employee of the United States traveling on official business and the members of his or her immediate family. The applicant must submit evidence of the official purpose of the travel and, if applicable, authorization for the members of his or her immediate family to accompany or reside with him or her abroad.

(b)An American seaman who requires a passport in connection with his or her duties aboard a United States flag vessel.

(c)A widow, widower, child, parent, brother or sister of a deceased member of the U.S. Armed Forces proceeding abroad to visit the grave of such service member or to attend a funeral or memorial service for such member.

(d)Other persons whom the Department determines should be exempt from payment of passport fees for compelling circumstances, pursuant to guidance issued by the Department; or

(e)Other categories of persons exempted by law. § 51.53 Refunds.

(a)The Department will refund the passport application fee and the security surcharge to any person exempt from payment of passport fees under 22 CFR 51.52 from whom the fee was erroneously collected.

(b)The Department will refund an expedited passport processing fee if the Department fails to provide expedited passport processing as defined in 22 CFR 51.56.

(c)For procedures on refunds of $5.00 or less, see 22 CFR 22.6(b). § 51.54 Replacement passports without payment of applicable fees. A passport issuing office may issue a replacement passport for the following reasons without payment of applicable fees:

(a)To correct an error or rectify a mistake of the Department;

(b)When the bearer has changed his or her name or other personal identifier listed on the data page of the passport, and applies for a replacement passport within one year of the date of the passport's original issuance.

(c)When the bearer of an emergency full fee passport issued for a limited validity period applies for a full validity passport within one year of the date of the passport's original issuance.

(d)When a passport is retained by law enforcement or the judiciary for evidentiary purposes and the bearer is still eligible to have a passport.

(e)When a passport is issued to replace a passport with a failed electronic chip for the balance of the original validity period. § 51.55 Execution fee not refundable. The fee for the execution of a passport application is not refundable. § 51.56 Expedited passport processing.

(a)Within the United States, an applicant for passport service (including issuance, replacement or the addition of visa pages) may request expedited processing. The Department may decline to accept the request.

(b)Expedited passport processing means completing processing within the number of business days specified by law, beginning on the day when the application reaches a Passport Agency or Center or, if the application is already with a Passport Agency or Center, beginning when the request for expedited processing is approved. The processing is considered completed on the day when the passport is ready to be picked up by the applicant or is mailed to the applicant.

(c)A fee is charged for expedited passport processing (see 22 CFR 51.51(c)). The fee does not cover any costs of mailing above the normal level of service regularly provided by the Department. The cost of expedited mailing must be paid by the applicant.

(d)The Department will not charge the fee for expedited passport processing if the Department's error, mistake or delay caused the need for expedited processing. Subpart E—Denial, Revocation and Restriction of Passports § 51.60 Denial and restriction of passports.

(a)The Department may not issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by competent authority that:

(1)The applicant is in default on a loan received from the United States under 22 U.S.C. 2671(b)(2)(B) for the repatriation of the applicant and, where applicable, the applicant's spouse, minor child(ren), and/or other immediate family members, from a foreign country (see 22 U.S.C. 2671(d)); or

(2)The applicant has been certified by the Secretary of Health and Human Services as notified by a state agency under 42 U.S.C. 652(k) to be in arrears of child support in an amount determined by statute.

(b)The Department may refuse to issue a passport in any case in which the Department determines or is informed by competent authority that:

(1)The applicant is the subject of an outstanding Federal warrant of arrest for a felony, including a warrant issued under the Federal Fugitive Felon Act (18 U.S.C. 1073); or

(2)The applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States and the violation of which could result in the issuance of a Federal warrant of arrest, including a warrant issued under the Federal Fugitive Felon Act; or

(3)The applicant is subject to a U.S. court order committing him or her to a mental institution; or

(4)The applicant has been legally declared incompetent by a court of competent jurisdiction in the United States; or

(5)The applicant is the subject of a request for extradition or provisional request for extradition which has been presented to the government of a foreign country; or

(6)The applicant is the subject of a subpoena received from the United States pursuant to 28 U.S.C. 1783, in a matter involving Federal prosecution for, or grand jury investigation of, a felony; or

(7)The applicant is a minor and the passport may be denied under 22 CFR 51.28; or

(8)The applicant is subject to an order of restraint or apprehension issued by an appropriate officer of the United States Armed Forces pursuant to chapter 47 of title 10 of the United States Code; or

(9)The applicant is the subject of an outstanding state or local warrant of arrest for a felony; or

(10)The applicant is the subject of a request for extradition or provisional arrest submitted to the United States by a foreign country.

(c)The Department may refuse to issue a passport in any case in which:

(1)The applicant has not repaid a loan received from the United States under 22 U.S.C. 2670(j) for emergency medical attention, dietary supplements, and other emergency assistance, including, if applicable, assistance provided to his or her child(ren), spouse, and/or other immediate family members in a foreign country; or

(2)The applicant has not repaid a loan received from the United States under 22 U.S.C. 2671(b)(2)(B) or 22 U.S.C. 2671(b)(2)(A) for the repatriation or evacuation of the applicant and, if applicable, the applicant's child(ren), spouse, and/or other immediate family members from a foreign country to the United States; or

(3)The applicant has previously been denied a passport under this section or 22 CFR 51.61, or the Department has revoked the applicant's passport or issued a limited passport for direct return to the United States under 22 CFR 51.62, and the applicant has not shown that there has been a change in circumstances since the denial, revocation or issuance of a limited passport that warrants issuance of a passport; or

(4)The Secretary determines that the applicant's activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.

(d)The Department may refuse to issue a passport in a case in which the Department is informed by an appropriate foreign government authority or international organization that the applicant is the subject of a warrant of arrest for a felony.

(e)The Department may refuse to issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by a competent authority that the applicant is a minor who has been abducted, wrongfully removed or retained in violation of a court order or decree and return to his or her home state or habitual residence is necessary to permit a court of competent jurisdiction to determine custody matters. § 51. 61 Denial of passports to certain convicted drug traffickers.

(a)A passport may not be issued in any case in which the Department determines or is informed by competent authority that the applicant is subject to imprisonment or supervised release as the result of a felony conviction for a Federal or state drug offense, if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, including a felony conviction arising under:

(1)The Controlled Substances Act (21 U.S.C. 801 *et seq.* ) or the Controlled Substances Import and Export Act (21 U.S.C. 951 *et seq.* ); or

(2)Any Federal law involving controlled substances as defined in section 802 of the Controlled Substances Act (21 U.S.C. 801 *et seq.* ); or

(3)The Bank Secrecy Act (31 U.S.C. 5311 *et seq.* ) or the Money Laundering Act (18 U.S.C. 1956 *et seq.* ) if the Department is in receipt of information that supports the determination that the violation involved is related to illicit production of or trafficking in a controlled substance; or

(4)Any state law involving the manufacture, distribution, or possession of a controlled substance.

(b)A passport may be refused in any case in which the Department determines or is informed by competent authority that the applicant is subject to imprisonment or supervised release as the result of a misdemeanor conviction of a Federal or state drug offense if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, other than a first conviction for possession of a controlled substance, including a misdemeanor conviction arising under:

(1)The federal statutes described in § 51.61(a); or

(2)Any state law involving the manufacture, distribution, or possession of a controlled substance.

(c)Notwithstanding paragraph

(a)of this section, the Department may issue a passport when the competent authority confirms, or the Department otherwise finds, that emergency circumstances or humanitarian reasons exist. § 51.62 Revocation or limitation of passports. The Department may revoke a passport when:

(a)The bearer of the passport would not be entitled to issuance of a passport under 22 CFR 51.60 or 51.61; or 51.28; or any other provision contained in this Part; or,

(b)The passport has been obtained illegally, fraudulently or erroneously; was created through illegality or fraud practiced upon the Department; or has been fraudulently altered or misused; or

(c)The Department has determined that the bearer of the passport is not a U.S. national, or the Department is on notice that the bearer's certificate of citizenship or certificate of naturalization has been canceled. § 51.63 Passports invalid for travel into or through restricted areas; prohibition on passports valid only for travel to Israel.

(a)The Secretary may restrict the use of a passport for travel to or use in a country or area which the Secretary has determined is:

(1)A country with which the United States is at war; or

(2)A country or area where armed hostilities are in progress; or

(3)A country or area in which there is imminent danger to the public health or physical safety of United States travelers.

(b)Any determination made and restriction imposed under paragraph

(a)of this section, or any extension or revocation of the restriction, shall be published in the **Federal Register** .

(c)A passport may not be designated as valid only for travel to Israel. § 51.64 Special validation of passports for travel to restricted areas.

(a)A U.S. national may apply to the Department for a special validation of his or passport to permit its use for travel to, or use in, a restricted country or area. The application must be accompanied by evidence that the applicant falls within one of the categories in paragraph

(c)of this section.

(b)The Department may grant a special validation if it determines that the validation is in the national interest of the United States.

(c)A special validation may be determined to be in the national interest if:

(1)The applicant is a professional reporter or journalist, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or

(2)The applicant is a representative of the International Committee of the Red Cross or the American Red Cross traveling pursuant to an officially-sponsored Red Cross mission; or

(3)The applicant's trip is justified by compelling humanitarian considerations; or

(4)The applicant's request is otherwise in the national interest. § 51.65 Notification of denial or revocation of passport.

(a)The Department will notify in writing any person whose application for issuance of a passport has been denied, or whose passport has been revoked. The notification will set forth the specific reasons for the denial or revocation, and, if applicable, the procedures for review available under 22 CFR 51.70-51.76.

(b)An application for a passport will be denied if an applicant fails to meet his or her burden of proof under 22 CFR 51.23(a) and 51.40 or otherwise does not provide documentation sufficient to establish entitlement to passport issuance within ninety days of notification by the Department that additional information from the applicant is required. Thereafter, if an applicant wishes to pursue a claim to entitlement to passport issuance, he or she must submit a new application and supporting documents, photographs, and statements in support of the application, along with applicable application and execution fees. § 51.66 Surrender of passport. The bearer of a passport that is revoked must surrender it to the Department or its authorized representative upon demand. Subpart F—Procedures for Review of Certain Denials and Revocations § 51.70 Request for hearing to review certain denials and revocations.

(a)A person whose passport has been denied or revoked under 22 CFR 51.60(b)(1)-(10), 51.60(c), 51.60(d), 51.61(b), or 51.62(b) may request a hearing to review the basis for the denial or revocation to the Department within 60 days of receipt of the notice of the denial or revocation.

(b)If a timely request for a hearing is made, the Department will hold it within 60 days of the date the Department receives the request, unless the person requesting the hearing asks for a later date and the Department and the hearing officer agree.

(c)The Department will give the person requesting the hearing not less than 10 business days' written notice of the date and place of the hearing. § 51.71 The hearing.

(a)The Department will name a hearing officer, who will make findings of fact and submit recommendations based on the record of the hearing as defined in § 51.72 to the Deputy Assistant Secretary for Passport Services in the Bureau of Consular Affairs.

(b)The person requesting the hearing may appear in person, or with or by his designated attorney. The attorney must be admitted to practice in any state of the United States, the District of Columbia, any territory or possession of the United States, or be admitted to practice before the courts of the country in which the hearing is to be held.

(c)The person requesting the hearing may testify, offer evidence in his or her own behalf, present witnesses, and make arguments at the hearing. The person requesting the hearing is responsible for all costs associated with the presentation of his or her case. The Department may present witnesses, offer evidence, and make arguments in its behalf. The Department is responsible for all costs associated with the presentation of its case.

(d)Formal rules of evidence will not apply, but the hearing officer may impose reasonable restrictions on relevancy, materiality, and competency of evidence presented. Testimony will be under oath or by affirmation under penalty of perjury. The hearing officer may not consider any information that is not also made available to the person requesting the hearing and made a part of the record of the proceeding.

(e)If any witness is unable to appear in person, the hearing officer may, in his or her discretion, accept an affidavit from or order a deposition of the witness, the cost for which will be the responsibility of the requesting party. § 51.72 Transcript and record of the hearing. A qualified reporter will make a complete verbatim transcript of the hearing. The person requesting the hearing and/or his or her attorney may review and purchase a copy of the transcript. The hearing transcript and the documents received by the hearing officer will constitute the record of the hearing. § 51.73 Privacy of hearing. Only the person requesting the hearing, his or her attorney, the hearing officer, official reporters, and employees of the Department directly concerned with the presentation of the case for the Department may be present at the hearing. Witnesses may be present only while actually giving testimony or as otherwise directed by the hearing officer. § 51.74 Final decision. After reviewing the record of the hearing and the findings of fact and recommendations of the hearing officer, the Deputy Assistant Secretary for Passport Services will decide whether to uphold the denial or revocation of the passport. The Department will promptly notify the person requesting the hearing in writing of the decision. If the decision is to uphold the denial or revocation, the notice will contain the reason(s) for the decision. The decision is final and is not subject to further administrative review. Dated: February 26, 2007. Maura Harty, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E7-3870 Filed 3-6-07; 8:45 am] BILLING CODE 4710-06-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-2007-0072, EPA-HQ-SFUND-2007-0074, EPA-HQ-SFUND-2007-0078, EPA-HQ-SFUND-2007-0079, EPA-HQ-SFUND-2007-0080; FRL-8283-6] RIN 2050-AD75 National Priorities List, Proposed Rule No. 46 AGENCY: Environmental Protection Agency. ACTION: Proposed rule. SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “the Act”), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (“NCP”) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (“NPL”) constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (“EPA” or “the Agency”) in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add five new sites to the NPL, all to the General Superfund Section. DATES: Comments regarding any of these proposed listings must be submitted (postmarked) on or before May 7, 2007. ADDRESSES: Identify the appropriate FDMS Docket Number from the table below. FDMS Docket Identification Numbers by Site: Site name City/state FDMS Docket ID No. Halaco Engineering Company Oxnard, CA EPA-HQ-SFUND-2007-0072 Eagle Zinc Co Div T L Diamond Hillsboro, IL EPA-HQ-SFUND-2007-0074 Eagle Picher Carefree Battery Socorro, NM EPA-HQ-SFUND-2007-0078 Formosa Mine Douglas County, OR EPA-HQ-SFUND-2007-0079 Five Points PCE Plume Woods Cross/Bountiful, UT EPA-HQ-SFUND-2007-0080 Submit your comments, identified by the appropriate FDMS Docket number, by one of the following methods: • *http://www.regulations.gov:* Follow the online instructions for submitting comments. • *E-mail: superfund.Docket@epa.gov* . • *Mail:* Mail comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; (Mail Code 5305T); 1200 Pennsylvania Avenue NW.; Washington, DC 20460. • *Hand Delivery or Express Mail:* Send comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue; EPA West, Room 3340, Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday excluding Federal holidays). Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to the appropriate FDMS Docket number (see table above). EPA's policy is that all comments received will be included in the public Docket without change and may be made available online 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 *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* website is an “anonymous access” system, that 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 *http://www.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. For additional Docket addresses and further details on their contents, see section II, “Public Review/Public Comment,” of the SUPPLEMENTARY INFORMATION portion of this preamble. FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone

(703)603-8852; State, Tribal and Site Identification Branch; Assessment and Remediation Division; Office of Superfund Remediation and Technology Innovation (Mail Code 5204P); U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue NW.; Washington, DC 20460; or the Superfund Hotline, Phone

(800)424-9346 or

(703)412-9810 in the Washington, DC, metropolitan area. SUPPLEMENTARY INFORMATION: Table of Contents I. Background A. What Are CERCLA and SARA? B. What Is the NCP? C. What Is the National Priorities List (NPL)? D. How Are Sites Listed on the NPL? E. What Happens to Sites on the NPL? F. Does the NPL Define the Boundaries of Sites? G. How Are Sites Removed From the NPL? H. May EPA Delete Portions of Sites From the NPL as They Are Cleaned Up? I. What Is the Construction Completion List (CCL)? II. Public Review/Public Comment A. May I Review the Documents Relevant to This Proposed Rule? B. How Do I Access the Documents? C. What Documents Are Available for Public Review at the Headquarters Docket? D. What Documents Are Available for Public Review at the Regional Dockets? E. How Do I Submit My Comments? F. What Happens to My Comments? G. What Should I Consider When Preparing My Comments? H. May I Submit Comments After the Public Comment Period Is Over? I. May I View Public Comments Submitted by Others? J. May I Submit Comments Regarding Sites Not Currently Proposed to the NPL? III. Contents of This Proposed Rule A. Proposed Additions to the NPL IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 1. What Is Executive Order 12866? 2. Is This Proposed Rule Subject to Executive Order 12866 Review? B. Paperwork Reduction Act 1. What Is the Paperwork Reduction Act? 2. Does the Paperwork Reduction Act Apply to This Proposed Rule? C. Regulatory Flexibility Act 1. What Is the Regulatory Flexibility Act? 2. How Has EPA Complied With the Regulatory Flexibility Act? D. Unfunded Mandates Reform Act 1. What Is the Unfunded Mandates Reform Act (UMRA)? 2. Does UMRA Apply to This Proposed Rule? E. Executive Order 13132: Federalism—What Is Executive Order 13132 and Is It Applicable to This Proposed Rule? F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 1. What Is Executive Order 13175? 2. Does Executive Order 13175 Apply to This Proposed Rule? G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 1. What Is Executive Order 13045? 2. Does Executive Order 13045 Apply to This Proposed Rule? H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Usage—Is This Rule Subject to Executive Order 13211? I. National Technology Transfer and Advancement Act 1. What Is the National Technology Transfer and Advancement Act? 2. Does the National Technology Transfer and Advancement Act Apply to This Proposed Rule? I. Background A. What Are CERCLA and SARA? In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675 (“CERCLA” or “the Act”), in response to the dangers of uncontrolled releases or threatened releases of hazardous substances, and releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. CERCLA was amended on October 17, 1986, by the Superfund Amendments and Reauthorization Act (“SARA”), Public Law 99-499, 100 Stat. 1613 *et seq.* B. What Is the NCP? To implement CERCLA, EPA promulgated the revised National Oil and Hazardous Substances Pollution Contingency Plan (“NCP”), 40 CFR part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP sets guidelines and procedures for responding to releases and threatened releases of hazardous substances, or releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. EPA has revised the NCP on several occasions. The most recent comprehensive revision was on March 8, 1990 (55 FR 8666). As required under section 105(a)(8)(A) of CERCLA, the NCP also includes “criteria for determining priorities among releases or threatened releases throughout the United States for the purpose of taking remedial action and, to the extent practicable, taking into account the potential urgency of such action, for the purpose of taking removal action.” “Removal” actions are defined broadly and include a wide range of actions taken to study, clean up, prevent or otherwise address releases and threatened releases of hazardous substances, pollutants or contaminants (42 U.S.C. 9601(23)). C. What Is the National Priorities List (NPL)? The NPL is a list of national priorities among the known or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The list, which is appendix B of the NCP (40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA, as amended by SARA. Section 105(a)(8)(B) defines the NPL as a list of “releases” and the highest priority “facilities” and requires that the NPL be revised at least annually. The NPL is intended primarily to guide EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants. The NPL is only of limited significance, however, as it does not assign liability to any party or to the owner of any specific property. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. For purposes of listing, the NPL includes two sections, one of sites that are generally evaluated and cleaned up by EPA (the “General Superfund Section”), and one of sites that are owned or operated by other Federal agencies (the “Federal Facilities Section”). With respect to sites in the Federal Facilities Section, these sites are generally being addressed by other Federal agencies. Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA section 120, each Federal agency is responsible for carrying out most response actions at facilities under its own jurisdiction, custody, or control, although EPA is responsible for preparing a Hazard Ranking System

(HRS)score and determining whether the facility is placed on the NPL. At Federal Facilities Section sites, EPA's role is less extensive than at other sites. D. How Are Sites Listed on the NPL? There are three mechanisms for placing sites on the NPL for possible remedial action (see 40 CFR 300.425(c) of the NCP):

(1)A site may be included on the NPL if it scores sufficiently high on the Hazard Ranking System (“HRS”), that EPA promulgated as appendix A of the NCP (40 CFR part 300). The HRS serves as a screening device to evaluate the relative potential of uncontrolled hazardous substances, pollutants or contaminants to pose a threat to human health or the environment. On December 14, 1990 (55 FR 51532), EPA promulgated revisions to the HRS partly in response to CERCLA section 105(c), added by SARA. The revised HRS evaluates four pathways: Ground water, surface water, soil exposure, and air. As a matter of Agency policy, those sites that score 28.50 or greater on the HRS are eligible for the NPL;

(2)Pursuant to 42 U.S.C 9605(a)(8)(B), each State may designate a single site as its top priority to be listed on the NPL, without any HRS score. This provision of CERCLA requires that, to the extent practicable, the NPL include one facility designated by each State as the greatest danger to public health, welfare, or the environment among known facilities in the State. This mechanism for listing is set out in the NCP at 40 CFR 300.425(c)(2);

(3)The third mechanism for listing, included in the NCP at 40 CFR 300.425(c)(3), allows certain sites to be listed without any HRS score, if all of the following conditions are met: • The Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Public Health Service has issued a health advisory that recommends dissociation of individuals from the release. • EPA determines that the release poses a significant threat to public health. • EPA anticipates that it will be more cost-effective to use its remedial authority than to use its removal authority to respond to the release. EPA promulgated an original NPL of 406 sites on September 8, 1983 (48 FR 40658) and generally has updated it at least annually. E. What Happens to Sites on the NPL? A site may undergo remedial action financed by the Trust Fund established under CERCLA (commonly referred to as the “Superfund”) only after it is placed on the NPL, as provided in the NCP at 40 CFR 300.425(b)(1). (“Remedial actions” are those “consistent with permanent remedy, taken instead of or in addition to removal actions. * * *” 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing a site on the NPL “does not imply that monies will be expended.” EPA may pursue other appropriate authorities to respond to the releases, including enforcement action under CERCLA and other laws. F. Does the NPL Define the Boundaries of Sites? The NPL does not describe releases in precise geographical terms; it would be neither feasible nor consistent with the limited purpose of the NPL (to identify releases that are priorities for further evaluation), for it to do so. Indeed, the precise nature and extent of the site are typically not known at the time of listing. Although a CERCLA “facility” is broadly defined to include any area where a hazardous substance has “come to be located” (CERCLA section 101(9)), the listing process itself is not intended to define or reflect the boundaries of such facilities or releases. Of course, HRS data (if the HRS is used to list a site) upon which the NPL placement was based will, to some extent, describe the release(s) at issue. That is, the NPL site would include all releases evaluated as part of that HRS analysis. When a site is listed, the approach generally used to describe the relevant release(s) is to delineate a geographical area (usually the area within an installation or plant boundaries) and identify the site by reference to that area. However, the NPL site is not necessarily coextensive with the boundaries of the installation or plant, and the boundaries of the installation or plant are not necessarily the “boundaries” of the site. Rather, the site consists of all contaminated areas within the area used to identify the site, as well as any other location where that contamination has come to be located, or from where that contamination came. In other words, while geographic terms are often used to designate the site (e.g., the “Jones Co. plant site”) in terms of the property owned by a particular party, the site, properly understood, is not limited to that property (e.g., it may extend beyond the property due to contaminant migration), and conversely may not occupy the full extent of the property (e.g., where there are uncontaminated parts of the identified property, they may not be, strictly speaking, part of the “site”). The “site” is thus neither equal to, nor confined by, the boundaries of any specific property that may give the site its name, and the name itself should not be read to imply that this site is coextensive with the entire area within the property boundary of the installation or plant. In addition, the site name is merely used to help identify the geographic location of the contamination and is not meant to constitute any determination of liability at a site. For example, the name “Jones Co. plant site,” does not imply that the Jones company is responsible for the contamination located on the plant site. EPA regulations provide that the “nature and extent of the problem presented by the release” will be determined by a Remedial Investigation/Feasibility Study (“RI/FS”) as more information is developed on site contamination (40 CFR 300.5). During the RI/FS process, the release may be found to be larger or smaller than was originally thought, as more is learned about the source(s) and the migration of the contamination. However, the HRS inquiry focuses on an evaluation of the threat posed and therefore the boundaries of the release need not be exactly defined. Moreover, it generally is impossible to discover the full extent of where the contamination “has come to be located” before all necessary studies and remedial work are completed at a site. Indeed, the boundaries of the contamination can be expected to change over time. Thus, in most cases, it may be impossible to describe the boundaries of a release with absolute certainty. Further, as noted above, NPL listing does not assign liability to any party or to the owner of any specific property. Thus, if a party does not believe it is liable for releases on discrete parcels of property, it can submit supporting information to the Agency at any time after it receives notice it is a potentially responsible party. For these reasons, the NPL need not be amended as further research reveals more information about the location of the contamination or release. G. How Are Sites Removed From the NPL? EPA may delete sites from the NPL where no further response is appropriate under Superfund, as explained in the NCP at 40 CFR 300.425(e). This section also provides that EPA shall consult with states on proposed deletions and shall consider whether any of the following criteria have been met:

(i)Responsible parties or other persons have implemented all appropriate response actions required;

(ii)All appropriate Superfund-financed response has been implemented and no further response action is required; or

(iii)The remedial investigation has shown the release poses no significant threat to public health or the environment, and taking of remedial measures is not appropriate. H. May EPA Delete Portions of Sites From the NPL as They Are Cleaned Up? In November 1995, EPA initiated a new policy to delete portions of NPL sites where cleanup is complete (60 FR 55465, November 1, 1995). Total site cleanup may take many years, while portions of the site may have been cleaned up and made available for productive use. I. What Is the Construction Completion List (CCL)? EPA also has developed an NPL construction completion list (“CCL”) to simplify its system of categorizing sites and to better communicate the successful completion of cleanup activities (58 FR 12142, March 2, 1993). Inclusion of a site on the CCL has no legal significance. Sites qualify for the CCL when:

(1)Any necessary physical construction is complete, whether or not final cleanup levels or other requirements have been achieved;

(2)EPA has determined that the response action should be limited to measures that do not involve construction (e.g., institutional controls); or

(3)The site qualifies for deletion from the NPL. For the most up-to-date information on the CCL, see EPA's Internet site at *http://www.epa.gov/superfund.* II. Public Review/Public Comment A. May I Review the Documents Relevant to This Proposed Rule? Yes, documents that form the basis for EPA's evaluation and scoring of the sites in this rule are contained in public Dockets located both at EPA Headquarters in Washington, DC, in the Regional offices and by electronic access at *http://www.regulations.gov* (see instructions in the ADDRESSES section above). B. How Do I Access the Documents? You may view the documents, by appointment only, in the Headquarters or the Regional Dockets after the publication of this proposed rule. The hours of operation for the Headquarters Docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding Federal holidays. Please contact the Regional Dockets for hours. The following is the contact information for the EPA Headquarters Docket: Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue; EPA West, Room 3340, Washington, DC 20004; 202/566-1744. (Please note this is a visiting address only. Mail comments to EPA Headquarters as detailed at the beginning of this preamble.) *The contact information for the Regional Dockets is as follows:* Joan Berggren, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Superfund Records and Information Center, Mailcode HSC, One Congress Street, Suite 1100, Boston, MA 02114-2023; 617/918-1417. Dennis Munhall, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New York, NY 10007-1866; 212/637-4343. Dawn Shellenberger (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650 Arch Street, Mailcode 3PM52, Philadelphia, PA 19103; 215/814-5364. Debbie Jourdan, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street, SW., 9th floor, Atlanta, GA 30303; 404/562-8862. Janet Pfundheller, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA, Records Center, Superfund Division SRC-7J, Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/353-5821. Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 Ross Avenue, Mailcode 6SF-RA, Dallas, TX 75202-2733; 214/665-7436. Michelle Quick, Region 7 (IA, KS, MO, NE), U.S. EPA, 901 North 5th Street, Kansas City, KS 66101; 913/551-7335. Gwen Christiansen, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129; 303/312-6463. Dawn Richmond, Region 9 (AZ, CA, HI, NV, AS, GU), U.S. EPA, 75 Hawthorne Street, San Francisco, CA 94105; 415/972-3097. Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue, Mail Stop ECL-115, Seattle, WA 98101; 206/553-2782. You may also request copies from EPA Headquarters or the Regional Dockets. An informal request, rather than a formal written request under the Freedom of Information Act, should be the ordinary procedure for obtaining copies of any of these documents. You may use the Docket at *http://www.regulations.gov* to access documents in the Headquarters Docket (see instructions included in the “Addresses” section above). Please note that there are differences between the Headquarters Docket and the Regional Dockets and those differences are outlined below. C. What Documents Are Available for Public Review at the Headquarters Docket? The Headquarters Docket for this rule contains the following for the sites proposed in this rule: HRS score sheets; Documentation Records describing the information used to compute the score; information for any sites affected by particular statutory requirements or EPA listing policies; and a list of documents referenced in the Documentation Record. D. What Documents Are Available for Public Review at the Regional Dockets? The Regional Dockets for this rule contain all of the information in the Headquarters Docket, plus, the actual reference documents containing the data principally relied upon and cited by EPA in calculating or evaluating the HRS score for the sites. These reference documents are available only in the Regional Dockets. E. How Do I Submit My Comments? Comments must be submitted to EPA Headquarters as detailed at the beginning of this preamble in the “Addresses” section. Please note that the mailing addresses differ according to method of delivery. There are two different addresses that depend on whether comments are sent by express mail or by postal mail. F. What Happens to My Comments? EPA considers all comments received during the comment period. Significant comments are typically addressed in a support document that EPA will publish concurrently with the **Federal Register** document if, and when, the site is listed on the NPL. G. What Should I Consider When Preparing My Comments? Comments that include complex or voluminous reports, or materials prepared for purposes other than HRS scoring, should point out the specific information that EPA should consider and how it affects individual HRS factor values or other listing criteria ( *Northside Sanitary Landfill* v. *Thomas* , 849 F.2d 1516 (DC Cir. 1988)). EPA will not address voluminous comments that are not specifically cited by page number and referenced to the HRS or other listing criteria. EPA will not address comments unless they indicate which component of the HRS documentation record or what particular point in EPA's stated eligibility criteria is at issue. H. May I Submit Comments After the Public Comment Period Is Over? Generally, EPA will not respond to late comments. EPA can only guarantee that it will consider those comments postmarked by the close of the formal comment period. EPA has a policy of generally not delaying a final listing decision solely to accommodate consideration of late comments. I. May I View Public Comments Submitted by Others? During the comment period, comments are placed in the Headquarters Docket and are available to the public on an “as received” basis. A complete set of comments will be available for viewing in the Regional Dockets approximately one week after the formal comment period closes. All public comments, whether submitted electronically or in paper, will be made available for public viewing in the electronic public Docket at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Once in the public Dockets system, select “search,” then key in the appropriate Docket ID number. J. May I Submit Comments Regarding Sites Not Currently Proposed to the NPL? In certain instances, interested parties have written to EPA concerning sites that were not at that time proposed to the NPL. If those sites are later proposed to the NPL, parties should review their earlier concerns and, if still appropriate, resubmit those concerns for consideration during the formal comment period. Site-specific correspondence received prior to the period of formal proposal and comment will not generally be included in the Docket. III. Contents of This Proposed Rule A. Proposed Additions to the NPL In today's proposed rule, EPA is proposing to add five new sites to the NPL; all to the General Superfund Section of the NPL. All of the sites in this proposed rulemaking are being proposed based on HRS scores of 28.50 or above. The sites are presented in the table below. State Site name City/county CA Halaco Engineering Company Oxnard. IL Eagle Zinc Co Div T L Diamond Hillsboro. NM Eagle Picher Carefree Battery Socorro. OR Formosa Mine Douglas County. UT Five Points PCE Plume Woods Cross/Bountiful. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 1. What Is Executive Order 12866? Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the Agency must determine whether a regulatory action is “significant” and therefore subject to Office of Management and Budget

(OMB)review and the requirements of the Executive Order. The Order defines “significant regulatory action” as one that is likely to result in a rule that may:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. 2. Is This Proposed Rule Subject to Executive Order 12866 Review? No. The listing of sites on the NPL does not impose any obligations on any entities. The listing does not set standards or a regulatory regime and imposes no liability or costs. Any liability under CERCLA exists irrespective of whether a site is listed. It has been determined that this action is not a “significant regulatory action” under the terms of Executive Order 12866 and is therefore not subject to OMB review. B. Paperwork Reduction Act 1. What Is the Paperwork Reduction Act? According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq.* , an agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under the PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA's regulations, after initial display in the preamble of the final rules, are listed in 40 CFR part 9. 2. Does the Paperwork Reduction Act Apply to This Proposed Rule? This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* EPA has determined that the PRA does not apply because this rule does not contain any information collection requirements that require approval of the OMB. 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; 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. 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 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act 1. What Is the Regulatory Flexibility Act? Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* , as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996) whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. 2. How Has EPA Complied With the Regulatory Flexibility Act? This proposed rule listing sites on the NPL, if promulgated, would not impose any obligations on any group, including small entities. This proposed rule, if promulgated, also would establish no standards or requirements that any small entity must meet, and would impose no direct costs on any small entity. Whether an entity, small or otherwise, is liable for response costs for a release of hazardous substances depends on whether that entity is liable under CERCLA 107(a). Any such liability exists regardless of whether the site is listed on the NPL through this rulemaking. Thus, this proposed rule, if promulgated, would not impose any requirements on any small entities. For the foregoing reasons, I certify that this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act 1. What Is the Unfunded Mandates Reform Act (UMRA)? Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal Agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Before EPA promulgates a rule where a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. 2. Does UMRA Apply to This Proposed Rule? No, EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments in the aggregate, or by the private sector in any one year. This rule will not impose any Federal intergovernmental mandate because it imposes no enforceable duty upon State, tribal or local governments. Listing a site on the NPL does not itself impose any costs. Listing does not mean that EPA necessarily will undertake remedial action. Nor does listing require any action by a private party or determine liability for response costs. Costs that arise out of site responses result from site-specific decisions regarding what actions to take, not directly from the act of listing a site on the NPL. For the same reasons, EPA also has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. In addition, as discussed above, the private sector is not expected to incur costs exceeding $100 million. EPA has fulfilled the requirement for analysis under the Unfunded Mandates Reform Act. E. Executive Order 13132: Federalism What Is Executive Order 13132 and Is It Applicable to This Proposed Rule? Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Under section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law, unless the Agency consults with State and local officials early in the process of developing the proposed regulation. This proposed rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Thus, the requirements of section 6 of the Executive Order do not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 1. What Is Executive Order 13175? Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.” 2. Does Executive Order 13175 Apply to This Proposed Rule? This proposed rule does not have tribal implications. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this proposed rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 1. What Is Executive Order 13045? *Executive Order 13045:* “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that:

(1)Is determined to be “economically significant” as defined under Executive Order 12866, and

(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. 2. Does Executive Order 13045 Apply to This Proposed Rule? This proposed rule is not subject to Executive Order 13045 because it is not an economically significant rule as defined by Executive Order 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this proposed rule present a disproportionate risk to children. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Usage Is this Rule Subject to Executive Order 13211? This rule is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. I. National Technology Transfer and Advancement Act 1. What Is the National Technology Transfer and Advancement Act? Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. 2. Does the National Technology Transfer and Advancement Act Apply to This Proposed Rule? No. This proposed rulemaking does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Dated: February 27, 2007. Susan Parker Bodine, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. E7-3903 Filed 3-6-07; 8:45 am] BILLING CODE 6560-50-P 72 44 Wednesday, March 7, 2007 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Docket No. ST-07-01] Plant Variety Protection Board; Open Meeting AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Plant Variety Protection Board. DATES: March 20 and 21, 2007, 8:30 a.m. to 5 p.m., open to the public. ADDRESSES: The meeting will be held in the United States Department of Agriculture George Washington Carver Center, 5601 Sunnyside Avenue, Room 4-2223, Beltsville, Maryland. FOR FURTHER INFORMATION CONTACT: Mrs. Janice M. Strachan, Plant Variety Protection Office, Science and Technology Programs, Agricultural Marketing Service, United States Department of Agriculture, Telephone number

(301)504-5518, fax

(301)504-5291, or e-mail *PVPOmail@usda.gov.* SUPPLEMENTARY INFORMATION: Pursuant to the provisions of section 10(a) of the Federal Advisory Committee Act, this notice is given regarding a Plant Variety Protection

(PVP)Board meeting. The board is constituted under section 7 of the PVP Act (7 U.S.C. 2327). The proposed agenda for the meeting will include discussions of:

(1)The accomplishments of the PVP Office,

(2)the financial status of the PVP Office,

(3)E-business update,

(4)Discussion of current program operations and policies, and

(5)other related topics. Upon entering the George Washington Carver Center, visitors should inform security personnel that they are attending the PVP Board Meeting. Identification will be required to be admitted to the building. Security personnel will direct visitors to the registration table located outside of Room 4-2223. Registration upon arrival is necessary for all participants. If you require accommodations, such as sign language interpreter, please contact the person listed under FOR FURTHER INFORMATION CONTACT . Minutes of the meeting will be available for public review 30 days following the meeting at the address listed under FOR FURTHER INFORMATION CONTACT . The minutes will also be posted on the Internet web site *http://www.ams.usda.gov/science/PVPO/PVPindex.htm.* Dated: March 1, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-3939 Filed 3-6-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY: Agricultural Research Service, USDA. ACTION: Notice of intent. SUMMARY: Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Accent Engineering, Inc. of Lubbock, Texas, an exclusive license to U.S. Patent No. 5,539,637, “Biologically-Identified Optimal Temperature Interactive Console (BIOTIC) for Managing Irrigation,” issued on July 23, 1996. DATES: Comments must be received within thirty

(30)days of the date of publication of this Notice in the **Federal Register** . ADDRESSES: Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131. FOR FURTHER INFORMATION CONTACT: June Blalock of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989. SUPPLEMENTARY INFORMATION: The Federal Government's patent rights in this invention are assigned to the United States of America, as represented by the Secretary of Agriculture. It is in the public interest to so license this invention as Accent Engineering, Inc. of Lubbock, Texas has submitted a complete and sufficient application for a license. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty

(30)calendar days of the date of publication of this Notice in the **Federal Register** . ADDRESSES: Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Room 4-1174, Beltsville, Maryland 20705-5131. FOR FURTHER INFORMATION CONTACT: June Blalock of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989. SUPPLEMENTARY INFORMATION: The Federal Government's intellectual property rights to this invention are assigned to the United States of America, as represented by the Secretary of Agriculture. It is in the public interest to so license this invention as Hepalife Technologies, Inc. of Boston, Massachusetts has submitted a complete and sufficient application for a license. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty

(30)days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Richard J. Brenner, Assistant Administrator. [FR Doc. E7-3935 Filed 3-6-07; 8:45 am] BILLING CODE 3410-03-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation Commodity Partnerships for Risk Management Education (Commodity Partnerships Program) *Announcement Type:* Availability of Funds and Request for Application for Competitive Cooperative Partnership Agreements. *Catalog of Federal Domestic Assistance Number (CFDA):* 10.457. *Dates:* Applications are due 5 p.m. EDT, April 23, 2007. *Summary:* The Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces the availability of approximately $5.0 million for Commodity Partnerships for Risk Management Education (the Commodity Partnerships Program). The purpose of this cooperative partnership agreement program is to deliver training and information in the management of production, marketing, and financial risk to U.S. agricultural producers. The program gives priority to educating producers of crops currently not insured under Federal crop insurance, specialty crops, and underserved commodities, including livestock and forage. A maximum of 50 cooperative partnership agreements will be funded, with no more than five in each of the ten designated RMA Regions. The maximum award for any of the 50 cooperative partnership agreements will be $100,000. Applicants must demonstrate non-financial benefits from a cooperative partnership agreement and must agree to the substantial involvement of RMA in the project. This Announcement Consists of Eight Sections: Section I—Funding Opportunity Description A. Legislative Authority B. Background C. Definition of Priority Commodities D. Project Goal E. Purpose F. Objectives Section II—Award Information A. Type of Award B. Funding Availability C. Location and Target Audience D. Maximum Award E. Project Period F. Awardee Tasks G. RMA Activities H. Other Tasks Section III—Eligibility Information A. Eligible Applicants B. Cost Sharing or Matching C. Other—Non-Financial Benefits Section IV—Application and Submission Information A. Address to Submit an Application Package B. Content and Form of Application Submission C. Submission Dates and Times D. Funding Restrictions E. Limitation on Use of Project Funds for Salaries and Benefits F. Indirect Cost Rates G. Other Submission Requirements H. Electronic submissions I. Acknowledgement of Applications Section V—Application Review Process A. Criteria B. Selection and Review Process Section VI—Award Administration A. Award Notices B. Administrative and National Policy Requirements 1. Requirement to Use Program Logo 2. Requirement to Provide Project Information to an RMA-selected Representative 3. Private Crop Insurance Organizations and Potential Conflict of Interest 4. Access to Panel Review Information 5. Confidential Aspects of Applications and Awards 6. Audit Requirements 7. Prohibitions and Requirements Regarding Lobbying 8. Applicable OMB Circulars 9. Requirement to Assure Compliance with Federal Civil Rights Laws 10. Requirement to Participate in a Post Award Conference 11. Requirement to Submit Educational Materials to the National AgRisk Education Library C. Reporting Requirements Section VII—Agency Contact Section VIII—Additional Information A. Dun and Bradstreet Data Universal Numbering System

(DUNS)B. Required Registration with the Central Contract Registry for Submission of Proposals C. Related Programs I. Funding Opportunity Description A. Legislative Authority The Commodity Partnerships Program is authorized under section 522(d)(3)(F) of the Federal Crop Insurance Act

(Act)(7 U.S.C. 1522(d)(3)(F)). B. Background RMA promotes and regulates sound risk management solutions to improve the economic stability of American agriculture. On behalf of FCIC, RMA does this by offering Federal crop insurance products through a network of private-sector partners, overseeing the creation of new risk management products, seeking enhancements in existing products, ensuring the integrity of crop insurance programs, offering outreach programs aimed at equal access and participation of underserved communities, and providing risk management education and information. One of RMA's strategic goals is to ensure that its customers are well informed as to the risk management solutions available. This educational goal is supported by section 522(d)(3)(F) of the Act, which authorizes FCIC funding for risk management training and informational efforts for agricultural producers through the formation of partnerships with public and private organizations. With respect to such partnerships, priority is to be given to reaching producers of Priority Commodities, as defined below. C. Definition of Priority Commodities For purposes of this program, Priority Commodities are defined as: • *Agricultural commodities covered by (7 U.S.C. 7333).* Commodities in this group are commercial crops that are not covered by catastrophic risk protection crop insurance, are used for food or fiber (except livestock), and specifically include, but are not limited to, floricultural, ornamental nursery, Christmas trees, turf grass sod, aquaculture (including ornamental fish), and industrial crops. • *Specialty crops.* Commodities in this group may or may not be covered under a Federal crop insurance plan and include, but are not limited to, fruits, vegetables, tree nuts, syrups, honey, roots, herbs, and highly specialized varieties of traditional crops. • *Underserved commodities.* This group includes:

(a)commodities, including livestock and forage, that are covered by a Federal crop insurance plan but for which participation in an area is below the national average; and

(PRF)Rainfall Index Insurance Tools

(ND)4. PRF Vegetative Index Insurance Tools

(SD)Davis, CA Region: (AZ, CA, HI, NV, and UT) 1. Unrestricted Risk Management Topics (Two funded projects) 2. AGR

(CA)and AGR-Lite Insurance Tools (AZ, HI, NV, UT) 3. Livestock Risk Protection

(LRP)Insurance Tools (CA, NV, UT) 4. Hawaii Tropical Fruit Tree Insurance Tools

(HI)Jackson, MS Region: (AR, KY, LA, MS, and TN) 1. Unrestricted Risk Management Topics (Two funded projects) 2. Record Keeping Requirements for AGR-Lite Insurance Tools

(TN)3. LRP Insurance Tools, PRF Rainfall Index and the PRF Vegetation Index Insurance Tools (AR, KY, LA, MS, and TN) 4. Nursery Price Endorsement Crop Insurance Tool (AR, KY, LA, MS, and TN) Oklahoma City, OK Region: (NM, OK, and TX) 1. Unrestricted Risk Management Topics (Two funded projects) 2. AGR-Lite Insurance Tools

(NM)3. PRF Rainfall Index

(TX)and the PRF Vegetation Index

(OK)Insurance Tools 4. LRP (OK, TX) Insurance Tools Raleigh, NC Region: (CT, DE, MA, MD, ME, NC, NH, NY, NJ, PA, RI, VA, VT, and WV) 1. Unrestricted Risk Management Topics (Two funded projects) 2. Aquaculture (Clams) Insurance Tools—(MA, VA) 3. Nursery Insurance Tools—(CT, DE, MA, ME, MD, NC, NH, NY, NJ, PA, RI, VA, VT, and WV) 4. AGR Insurance Tools—(CT, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VT, and VA) AGR-Lite Insurance Tools—(CT, DE, MA, ME, MD, NC, NH, NY, NJ, PA, RI, VA, VT, and WV) Livestock and LRP Insurance Tools—(WV) PRF Rainfall Index and the PRF Vegetation Index Insurance Tools—(PA) Spokane, WA Region: (AK, ID, OR, and WA) 1. Unrestricted Risk Management Topics (Two funded projects) 2. AGR-Lite Insurance Tools (Willamette Valley of OR and in Western WA) 3. PRF Rainfall Index Insurance Tool

(ID)and PRF Vegetation Index Insurance Tool

(OR)4. LRP Lamb Pilot Insurance Tools (ID and OR) Springfield, IL Region: (IL, IN, MI, and OH) 1. Unrestricted Risk Management Topics (Two funded projects) 2. AGR (MI), LRP Insurance Tools, PRF Rainfall Index and PRF Vegetation Index Insurance Tools (IL, IN, MI, OH) 3. Cherry Pilot Insurance Tools

(MI)4. Grape Insurance Tools (IL, IN, MI, OH) St. Paul, MN Region: (IA, MN, and WI) 1. Unrestricted Risk Management Topics (Two funded projects) 2. AGR-Lite Insurance Tools (MN and WI) 3. LRP and Livestock Gross Margin

(LGM)Insurance Tools 4. Hybrid Corn Seed Insurance Tools (IA, MN, and WI) Topeka, KS Region: (CO, KS, MO, and NE) 1. Unrestricted Risk Management Topics (Two funded projects) 2. AGR-Lite Insurance Tools (CO, KS) 3. PRF Rainfall Index and PRF Vegetation Index Insurance Tools

(CO)4. Documentation Requirements for Irrigation Availability (CO, KS, NE) Valdosta, GA Region: (AL, FL, GA, SC, and Puerto Rico) 1. Unrestricted Risk Management Topics (Two funded projects) 2. PRF Rainfall Index and PRF Vegetation Index Insurance Tools

(SC)3. AGR-Lite Insurance Tools (AL, FL, GA and SC) 4. Avocado Fruit (Dade County, FL) and Citrus Insurance Tools

(FL)II. Award Information A. Type of Award Cooperative Partnership Agreements, which require the substantial involvement of RMA. B. Funding Availability Approximately $5,000,000 is available in fiscal year 2007 to fund up to 50 cooperative partnership agreements. The maximum award will be $100,000. It is anticipated that a maximum of five agreements will be funded for each designated RMA Region. Applicants should apply for funding under that RMA Region where the educational activities will be directed. In the event that all funds available for this program are not obligated after the maximum number of agreements are awarded or if additional funds become available, these funds may, at the discretion of the Manager of FCIC, be used to award additional applications that score highly by the technical review panel or allocated pro-rata to awardees for use in broadening the size or scope of awarded projects if agreed to by the awardee. In the event that the Manager of FCIC determines that available RMA resources cannot support the administrative and substantial involvement requirements of all agreements recommended for funding, the Manager may elect to fund fewer agreements than the available funding might otherwise allow. It is expected that the awards will be made approximately 60 days after the application deadline. All awards will be made and agreements finalized no later than September 30, 2007. C. Location and Target Audience RMA Regional Offices and the States serviced within each Region are listed below. Staff from the respective RMA Regional Offices will provide substantial involvement for projects conducted within their Region. Billings, MT Regional Office: (MT, ND, SD, and WY) Davis, CA Regional Office: (AZ, CA, HI, NV, and UT) Jackson, MS Regional Office: (AR, KY, LA, MS, and TN) Oklahoma City, OK Regional Office: (NM, OK, and TX) Raleigh, NC Regional Office: (CT, DE, MA, MD, ME, NC, NH, NJ, NY, PA, RI, VA, VT, and WV) Spokane, WA Regional Office: (AK, ID, OR, and WA) Springfield, IL Regional Office: (IL, IN, MI, and OH) St. Paul, MN Regional Office: (IA, MN, and WI) Topeka, KS Regional Office: (CO, KS, MO, and NE) Valdosta, GA Regional Office: (AL, FL, GA, SC, and Puerto Rico) Applicants must clearly designate in their application narratives the RMA Region where educational activities will be conducted, the specific groups of producers within the region that the applicant intends to reach through the project, and must clearly designate in their application the primary educational objective listed in Section I

(F)that the project will address. Priority will be given to producers of Priority Commodities. Applicants proposing to conduct educational activities in more than one RMA Region must submit a separate application for each RMA Region. Single applications proposing to conduct educational activities in more than one RMA Region will be rejected. D. Maximum Award Any application that requests Federal funding of more than $100,000 will be rejected. RMA also reserves the right to fund successful applications at an amount less than requested if it is judged that the application can be implemented at a lower funding level. E. Project Period Projects will be funded for a period of up to one year from the project starting date. F. Awardee Tasks In conducting activities to achieve the purpose and goal of this program in a designated RMA Region, the awardee will be responsible for performing the following tasks: • Develop and conduct a promotional program. This program will include activities using media, newsletters, publications, or other appropriate informational dissemination techniques that are designed to:

(a)Raise awareness for risk management;

(b)inform producers of the availability of risk management tools; and

(c)inform producers and agribusiness leaders in the designated RMA Region of training and informational opportunities. • Deliver risk management training and informational opportunities to agricultural producers and agribusiness professionals in the designated RMA Region. This will include organizing and delivering educational activities using instructional materials that have been assembled to meet the local needs of agricultural producers. Activities should be directed primarily to agricultural producers, but may include those agribusiness professionals that have frequent opportunities to advise producers on risk management tools and decisions. • Document all educational activities conducted under the partnership agreement and the results of such activities, including criteria and indicators used to evaluate the success of the program. The awardee may also be required to provide information to an RMA-selected contractor to evaluate all educational activities and advise RMA as to the effectiveness of activities. G. RMA Activities FCIC, working through RMA, will be substantially involved during the performance of the funded project through RMA's ten Regional Offices. Potential types of substantial involvement may include, but are not limited to the following activities. • Assist in the selection of subcontractors and project staff. • Collaborate with the awardee in assembling, reviewing, and approving risk management materials for producers in the designated RMA Region. • Collaborate with the awardee in reviewing and approving a promotional program for raising awareness for risk management and for informing producers of training and informational opportunities in the RMA Region. • Collaborate with the awardee on the delivery of education to producers and agribusiness leaders in the RMA Region. This will include:

(a)Reviewing and approving in advance all producer and agribusiness leader educational activities;

(b)advising the project leader on technical issues related to crop insurance education and information; and

(c)assisting the project leader in informing crop insurance professionals about educational activity plans and scheduled meetings. • Conduct an evaluation of the performance of the awardee in meeting the deliverables of the project. Applications that do not contain substantial involvement by RMA will be rejected. H. Other Tasks In addition to the specific, required tasks listed above, the applicant may propose additional tasks that would contribute directly to the purpose of this program. For any proposed additional task, the applicant must identify the objective of the task, the specific subtasks required to meet the objective, specific time lines for performing the subtasks, and the specific responsibilities of partners. The applicant must also identify specific ways in which RMA would have substantial involvement in the proposed project task. III. Eligibility Information A. Eligible Applicants Eligible applicants include State departments of agriculture, universities, non-profit agricultural organizations, and other public or private organizations with the capacity to lead a local program of risk management education for farmers and ranchers in an RMA Region. Individuals are not eligible applicants. Although an applicant may be eligible to compete for an award based on its status as an eligible entity, other factors may exclude an applicant from receiving Federal assistance under this program governed by Federal law and regulations (e.g. debarment and suspension; a determination of non-performance on a prior contract, cooperative agreement, grant or partnership; a determination of a violation of applicable ethical standards; a determination of being considered “high risk”). Applications from ineligible or excluded persons will be rejected in their entirety. B. Cost Sharing or Matching Although RMA prefers cost sharing by the applicant, this program has neither a cost sharing nor a matching requirement. C. Other—Non-Financial Benefits To be eligible, applicants must also be able to demonstrate that they will receive a non-financial benefit as a result of a partnership agreement. Non-financial benefits must accrue to the applicant and must include more than the ability to provide employment income to the applicant or for the applicant's employees or the community. The applicant must demonstrate that performance under the partnership agreement will further the specific mission of the applicant (such as providing research or activities necessary for graduate or other students to complete their educational program). Applicants that do not demonstrate a non-financial benefit will be rejected. IV. Application and Submission Information A. Contact to Request Application Package Program application materials for the Commodity Partnerships Program under this announcement may be downloaded from *http://www.rma.usda.gov/aboutrma/agreements* . Applicants may also request application materials from: Lon Burke, USDA-RMA-RME, phone:

(202)720-5265, fax:

(202)690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov* . B. Content and Form of Application Submission A complete and valid application package must include an electronic copy (Microsoft Word format preferred) of the narrative portion (Forms RME 1 and RME-2) of the application package on a compact disc and an original and two copies of the completed and signed application must be submitted in one package at the time of initial submission, which must include the following: 1. A completed and signed OMB Standard Form 424, “Application for Federal Assistance.” 2. A completed and signed OMB Standard Form 424-A, “Budget Information—Non-construction Programs.” Federal funding requested (the total of direct and indirect costs) must not exceed $100,000. 3. A completed and signed OMB Standard Form 424-B, “Assurances, Non-constructive Programs.” 4. Risk Management Education Project Narrative (Form RME-1). Complete all required parts of Form RME-1: Part I—Title Page. Part II—A written narrative of no more than 10 single-sided pages which will provide reviewers with sufficient information to effectively evaluate the merits of the application according to the evaluation criteria listed in this notice. Although a Statement of Work, which is the third evaluation criterion, is to be completed in detail in RME Form-2, applicants may wish to highlight certain unique features of the Statement of Work in Part II for the benefit of the evaluation panel. If your narrative exceeds the page limit, only the first 10 pages will be reviewed. • No smaller than 12 point font size. • Use an easily readable font face ( *e.g.* , Arial, Geneva, Helvetica, Times Roman). • 8.5 by 11 inch paper • One-inch margins on each page. • Printed on only one side of paper. • Held together only by rubber bands or metal clips; not bound or stapled in any other way Part III—A Budget Narrative, describing how the categorical costs listed on SF 424-A are derived. The budget narrative should provide enough detail for reviewers to easily understand how costs were determined and how they relate to the goals and objectives of the project. Part IV—Provide a “Statement of Non-financial Benefits.” (Refer to Section III, Eligibility Information, C. Other—Non-financial Benefits, above). 5. “Statement of Work,” Form RME-2, which identifies tasks and subtasks in detail, expected completion dates and deliverables, and RMA's substantial involvement role for the proposed project. Applications that do not include items 1-5 above will be considered incomplete and will not receive further consideration and will be rejected. C. Submission Dates and Times *Applications Deadline:* 5 p.m. EDT, May 7, 2007. Applicants are responsible for ensuring that RMA receives a complete application package by the closing date and time. USPS mail sent to Washington DC headquarters is sanitized offsite, which may result in delays, loss, and physical damage to enclosures. Regardless of the delivery method you choose, please do so sufficiently in advance of the due date to ensure your application package is received on or before the deadline. It is your responsibility to meet the due date and time. E-mailed and faxed applications will not be accepted. Late application packages will not receive further consideration and will be rejected. D. Funding Restrictions Cooperative partnership agreement funds may not be used to: a. Plan, repair, rehabilitate, acquire, or construct a building or facility including a processing facility; b. purchase, rent, or install fixed equipment; c. repair or maintain privately owned vehicles; d. pay for the preparation of the cooperative partnership agreement application; e. fund political activities; f. purchase alcohol, food, beverage, or entertainment; g. pay costs incurred prior to receiving a partnership agreement; h. fund any activities prohibited in 7 CFR Parts 3015 and 3019, as applicable. E. Limitation on Use of Project Funds for Salaries and Benefits Total costs for salary and benefits allowed for projects under this announcement will be limited to not more than 60 percent reimbursement of the funds awarded under the cooperative partnership agreement as indicated in Section III. Eligibility Information, C. Other—Non-financial Benefits. One goal of the Commodity Partnerships program is to maximize the use of the limited funding available for risk management education for producers of Priority Commodities. In order to accomplish this goal, RMA needs to ensure that the maximum amount of funds practicable is used for directly providing the educational opportunities. Limiting the amount of funding for salaries and benefits will allow the limited amount of funding to reach the maximum number of farmers and ranchers. F. Indirect Cost Rates a. Indirect costs allowed for projects submitted under this announcement will be limited to ten

(10)percent of the total direct cost of the cooperative partnership agreement. Therefore, when preparing budgets, applicants should limit their requests for recovery of indirect costs to the lesser of their institution's official negotiated indirect cost rate or 10 percent of the total direct costs. b. RMA will withhold all indirect cost rate funds for an award to an applicant requesting indirect costs if the applicant has not negotiated an indirect cost rate with its cognizant Federal agency. c. If an applicant is in the process of negotiating an indirect cost rate with its cognizant Federal agency, RMA will withhold all indirect cost rate funds from that applicant until the indirect cost rate has been established. d. If an applicant's indirect cost rate has expired or will expire prior to award announcements, a clear statement on renegotiation efforts must be included in the application. e. It is incumbent on all applicants to have a current indirect cost rate or begin negotiations to establish an indirect cost rate prior to the submission deadline. Because it may take several months to obtain an indirect cost rate, applicants needing an indirect cost rate are encouraged to start work on establishing these rates well in advance of submitting an application. The U.S. Office of Management and Budget

(OMB)is responsible for assigning cognizant Federal agencies. f. Applicants may be asked to provide a copy of their indirect cost rate negotiated with their cognizant agency. g. RMA reserves the right to negotiate final budgets with successful applicants. G. Other Submission Requirements *Mailed submissions:* Applications submitted through express, overnight mail or another delivery service will be considered as meeting the announced deadline if they are received in the mailroom at the address stated below for express, overnight mail or another delivery service on or before the deadline. Applicants are cautioned that express, overnight mail or other delivery services do not always deliver as agreed. Applicants should take this into account because failure of such delivery services will not extend the deadline. Mailed applications will be considered as meeting the announced deadline if they are received on or before the deadline in the mailroom at the address stated below for mailed applications. Applicants are responsible for mailing applications well in advance, to ensure that applications are received on or before the deadline time and date. Applicants using the U.S. Postal Services should allow for the extra security handling time for delivery due to the additional security measures that mail delivered to government offices in the Washington DC area requires. Address when using private delivery services or when hand delivering: Attention: Risk Management Education Program, USDA/RMA/RME, Room 5720, South Building, 1400 Independence Avenue, SW., Washington, DC 20250. Address when using U.S. Postal Services: Attention: Risk Management Education Program, USDA/RMA/RME/Stop 0808, Room 5720, South Building, 1400 Independence Ave, SW., Washington, DC 20250-0808. H. Electronic Submissions Applications transmitted electronically via Grants.gov will be accepted prior to the application date or time deadline. The application package can be accessed via Grants.gov, go to *http://www.grants.gov* , click on “Find Grant Opportunities,” click on “Search Grant Opportunities,” and enter the CFDA number (located at the beginning of this RFA) to search by CFDA number. From the search results, select the item that correlates to the title of this RFA. If you do not have electronic access to the RFA or have trouble downloading material and you would like a hardcopy, you may contact Lon Burke, USDA-RMA-RME, phone:

(202)720-5265, fax:

(202)690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov.* If assistance is needed to access the application package via Grants.gov (e.g., downloading or navigating PureEdge forms, using PureEdge with a Macintosh computer), refer to resources available on the Grants.gov Web site first ( *http://www.grants.gov/* ). Grants.gov assistance is also available as follows: • Grants.gov customer support, Toll Free: 1-800-518-4726, Business Hours: M-F 7 am—9 pm Eastern Standard Time, E-mail: *support@grants.gov.* Applicants who submit their applications via the Grants.gov website are not required to submit any hard copy documents to RMA. When using Grants.gov to apply, RMA strongly recommends that you submit the online application at least two weeks prior to the application due date in case there are problems with the Grants.gov website and you want to submit your application via a mail delivery service. I. Acknowledgement of Applications Receipt of applications will be acknowledged by e-mail, whenever possible. Therefore, applicants are encouraged to provide e-mail addresses in their applications. If an e-mail address is not indicated on an application, receipt will be acknowledged by letter. There will be no notification of incomplete, unqualified or unfunded applications until the awards have been made. When received by RMA, applications will be assigned an identification number. This number will be communicated to applicants in the acknowledgement of receipt of applications. An application's identification number should be referenced in all correspondence regarding the application. If the applicant does not receive an acknowledgement within 15 days of the submission deadline, the applicant should notify RMA's point of contact indicated in Section VII, Agency Contact. V. Application Review Information A. Criteria Applications submitted under the Commodity Partnerships Program will be evaluated within each RMA Region according to the following criteria: Priority—Maximum 10 Points The applicant can submit projects that are not related to Priority Commodities. However, priority is given to projects relating to Priority Commodities and the degree in which such projects relate to the Priority Commodities. Projects that relate solely to Priority Commodities will be eligible for the most points. Project Benefits—Maximum 35 Points The applicant must demonstrate that the project benefits to farmers and ranchers warrant the funding requested. Applicants will be scored according to the extent they can:

(a)Reasonably estimate the total number of producers reached through the various educational activities described in the Statement of Work;

(b)justify such estimates with clear specifics;

(c)identify the actions producers will likely be able to take as a result of the activities described in the Statement of Work; and

(d)identify the specific measures for evaluating results that will be employed in the project. Reviewers' scoring will be based on the scope and reasonableness of the applicant's estimates of producers reached through the project, clear descriptions of specific expected project benefits, and well-designed methods for measuring the project's results and effectiveness. Statement of Work—Maximum 15 Points The applicant must produce a clear and specific Statement of Work for the project. For each of the tasks contained in the Description of Agreement Award (refer to Section II Award Information), the applicant must identify and describe specific subtasks, responsible entities, expected completion dates, RMA substantial involvement, and deliverables that will further the purpose of this program. Applicants will obtain a higher score to the extent that the Statement of Work is specific, measurable, reasonable, has specific deadlines for the completion of subtasks, relates directly to the required activities and the program purpose described in this announcement, which is to provide producers with training and informational opportunities so that the producers will be better able to use financial management, crop insurance, marketing contracts, and other existing and emerging risk management tools. Applicants are required to submit this Statement of Work on Form RME-2. Partnering—Maximum 15 Points The applicant must demonstrate experience and capacity to partner with and gain the support of grower organizations, agribusiness professionals, and agricultural leaders to carry out a local program of education and information in a designated RMA Region. The applicant is required to establish a written partnering plan that includes how each partner will aid in carrying out the project goal and purpose stated in this announcement and letters of support stating that the partner has agreed to do this work. The applicant must ensure this plan includes a list of all partners working on the project, their titles, and how they will be contributing to the deliverables listed in the agreement. Applicants will receive higher scores to the extent that they can document and demonstrate:

(a)That partnership commitments are in place for the express purpose of delivering the program in this announcement;

(b)that a broad group of farmers and ranchers will be reached within the RMA Region;

(c)that partners are contributing to the project and involved in recruiting producers to attend the training;

(d)that a substantial effort has been made to partner with organizations that can meet the needs of producers; and

(e)statements from each partner regarding the number of producers that partner is committed to recruit for the project that would support the estimates specified under the Project Benefits criterion. Project Management—Maximum 15 Points The applicant must demonstrate an ability to implement sound and effective project management practices. Higher scores will be awarded to applicants that can demonstrate organizational skills, leadership, and experience in delivering services or programs that assist agricultural producers in the respective RMA Region. The project manager must demonstrate that he/she has the capability to accomplish the project goal and purpose stated in this announcement by

(a)having a previous working relationship with the farm community in the designated RMA Region of the application, including being able to recruit approximately the number of producers to be reached in the application and/or

(F)according to the scores received. Those applications will be listed in initial rank order by objective within each RMA Region. The highest-ranking application for each objective will be funded in the order of priority (the highest-ranking application meeting objective 2 will be funded third, etc.) in each RMA Region. Note: Two projects will be funded in objective 1 in each RMA Region. In the event that there no applications that warrant funding in objectives 1-4 or if there are funds remaining, the process will be repeated until the funds are obligated. A lottery will be used to resolve any instances of a tie score that might have a bearing on funding recommendations. If such a lottery is required, the names of all tied applicants will be entered into a drawing. The first tied applicant drawn will have priority over other tied applicants for funding consideration. The review panel will report the results of the evaluation to the Manager of FCIC. The panel's report will include the recommended applicants to receive partnership agreements for each RMA Region. Funding will not be provided for an application receiving a score less than 60. Funding will not be provided for an application that is highly similar to a higher-scoring application in the same RMA Region. Highly similar is one that proposes to reach the same producers likely to be reached by another applicant that scored higher by the panel and the same general educational material is proposed to be delivered. An organization, or group of organizations in partnership, may apply for funding under other FCIC or RMA programs, in addition to the program described in this announcement. However, if the Manager of FCIC determines that an application recommended for funding is sufficiently similar to a project that has been funded or has been recommended to be funded under another RMA or FCIC program, then the Manager may elect to not fund that application in whole or in part. The Manager of FCIC will make the final determination on those applications that will be awarded funding. VI. Award Administration Information A. Award Notices Following approval by the awarding official of RMA of the applications to be selected for funding, project leaders whose applications have been selected for funding will be notified. Within the limit of funds available for such a purpose, the awarding official of RMA shall enter into cooperative partnership agreements with those selected applicants. The agreements provide the amount of Federal funds for use in the project period, the terms and conditions of the award, and the time period for the project. The effective date of the agreement shall be on the date the agreement is executed by both parties and it shall remain in effect for up to one year or through September 30, 2008, whichever is later. After a cooperative partnership agreement has been signed, RMA will extend to awardees, in writing, the authority to draw down funds for the purpose of conducting the activities listed in the agreement. All funds provided to the awardee by FCIC must be expended solely for the purpose for which the funds are obligated in accordance with the approved agreement and budget, the regulations, the terms and conditions of the award, and the applicability of Federal cost principles. No commitment of Federal assistance beyond the project period is made or implied for any award resulting from this notice. Notification of denial of funding will be sent to applicants after final funding decisions have been made and the awardees announced publicly. Reasons for denial of funding can include, but are not limited to, incomplete applications, applications with evaluation scores that are lower than other applications in an RMA Region, or applications that propose to deliver education to groups of producers in an RMA Region that are largely similar to groups reached in a higher ranked application. B. Administrative and National Policy Requirements 1. Requirement to Use Program Logo Awardees will be required to use a program logo and design provided by RMA for all instructional and promotional materials. 2. Requirement to Provide Project Information to an RMA-selected Representative Awardees will be required to assist RMA in evaluating the effectiveness of its educational programs by providing documentation of educational activities and related information to any representative selected by RMA for program evaluation purposes. 3. Private Crop Insurance Organizations and Potential Conflicts of Interest Private organizations that are involved in the sale of Federal crop insurance, or that have financial ties to such organizations, are eligible to apply for funding under this announcement. However, such entities will not be allowed to receive funding to conduct activities that would otherwise be required under a Standard Reinsurance Agreement or any other agreement in effect between FCIC and the entity. Also, such entities will not be allowed to receive funding to conduct activities that could be perceived by producers as promoting one company's services or products over another's. If applying for funding, such organizations are encouraged to be sensitive to potential conflicts of interest and to describe in their application the specific actions they will take to avoid actual and perceived conflicts of interest. 4. Access to Panel Review Information Upon written request from the applicant, scores from the evaluation panel, not including the identity of reviewers, will be sent to the applicant after the review and awards process has been completed. 5. Confidential Aspects of Applications and Awards The names of applicants, the names of individuals identified in the applications, the content of applications, and the panel evaluations of applications will all be kept confidential, except to those involved in the review process, to the extent permitted by law. In addition, the identities of review panel members will remain confidential throughout the entire review process and will not be released to applicants. At the end of the fiscal year, names of panel members will be made available. However, panelists will not be identified with the review of any particular application. When an application results in a partnership agreement, that agreement becomes a part of the official record of RMA transactions, available to the public upon specific request. Information that the Secretary of Agriculture determines to be of a confidential, privileged, or proprietary nature will be held in confidence to the extent permitted by law. Therefore, any information that the applicant wishes to be considered confidential, privileged, or proprietary should be clearly marked within an application, including the basis for such designation. The original copy of a application that does not result in an award will be retained by RMA for a period of one year. Other copies will be destroyed. Copies of applications not receiving awards will be released only with the express written consent of the applicant or to the extent required by law. An application may be withdrawn at any time prior to award. 6. Audit Requirements Awardees are subject to audit. 7. Prohibitions and Requirements with Regard to Lobbying Section 1352 of Public Law 101-121, enacted on October 23, 1989, imposes prohibitions and requirements for disclosure and certification related to lobbying on awardees of Federal contracts, grants, cooperative agreements, and loans. It provides exemptions for Indian Tribes and tribal organizations. Current and prospective awardees and any subcontractors, are prohibited from using Federal funds, other than profits from a Federal contract, for lobbying Congress or any Federal agency in connection with the award of a contract, grant, cooperative agreement, or loan. In addition, for each award action in excess of $100,000 ($150,000 for loans) the law requires awardees and any subcontractors:

(1)To certify that they have neither used nor will use any appropriated funds for payment of lobbyists;

(2)to disclose the name, address, payment details, and purpose of any agreements with lobbyists whom awardees of their subcontractors will pay with profits or other non-appropriated funds on or after December 22, 1989; and

(3)to file quarterly up-dates about the use of lobbyists if material changes occur in their use. The law establishes civil penalties for non-compliance. A copy of the certification and disclosure forms must be submitted with the application and are available at the address and telephone number listed in Section VII. Agency Contact. 8. Applicable OMB Circulars All cooperative partnership agreements funded as a result of this notice will be subject to the requirements contained in all applicable OMB circulars. 9. Requirement to Assure Compliance with Federal Civil Rights Laws Project leaders of all cooperative partnership agreements funded as a result of this notice are required to know and abide by Federal civil rights laws and to assure USDA and RMA that the awardee is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d *et seq.* ), 7 CFR Part 15, and USDA regulations promulgated thereunder, 7 CFR 1901.202. RMA requires that awardees submit an Assurance Agreement (Civil Rights), assuring RMA of this compliance prior to the beginning of the project period. 10. Requirement to Participate in a Post Award Conference RMA requires that project leaders attend a post award conference to become fully aware of agreement requirements and for delineating the roles of RMA personnel and the procedures that will be followed in administering the agreement and will afford an opportunity for the orderly transition of agreement duties and obligations if different personnel are to assume post-award responsibility. In their applications, applicants should budget for possible travel costs associated with attending this conference. 11. Requirement to Submit Educational Materials to the National AgRisk Education Library RMA requires that project leaders upload digital copies of all risk management educational materials developed because of the project to the National AgRisk Education Library ( *http://www.agrisk.umn.edu/* ) for posting. RMA will be clearly identified as having provided funding for the materials. C. Reporting Requirements Awardees will be required to submit quarterly progress reports, quarterly financial reports (OMB Standard Form 269), and quarterly Activity Logs (Form RME-3) throughout the project period, as well as a final program and financial report not later than 90 days after the end of the project period. Awardees will be required to submit prior to the award: • A completed and signed Form RD 400-4, Assurance Agreement (Civil Rights). • A completed and signed OMB Standard Form LLL, “Disclosure of Lobbying Activities.” • A completed and signed AD-1047, “Certification Regarding Debarment, Suspension and Other Responsibility Matters—Primary Covered Transactions.” • A completed and signed AD-1049, “Certification Regarding Drug-Free Workplace.” • A completed and signed Faith-Based Survey on EEO. VII. Agency Contact *For Further Information Contact:* Applicants and other interested parties are encouraged to contact: Lon Burke, USDA-RMA-RME, 1400 Independence Ave. SW, Stop 0808, Room 5720, Washington, DC 20250-0808, phone: 202-720-5265, fax: 202-690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov* . You may also obtain information regarding this announcement from the RMA Web site at: *http://www.rma.usda.gov/aboutrma/agreements* . VIII. Other Information A. Dun and Bradstreet Data Universal Numbering System

(DUNS)A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of over 70 million businesses worldwide. The Office of Management and Budget published a notice of final policy issuance in the **Federal Register** June 27, 2003 (68 FR 38402) that requires a DUNS number in every application (i.e., hard copy and electronic) for a grant or cooperative agreement on or after October 1, 2003. Therefore, potential applicants should verify that they have a DUNS number or take the steps needed to obtain one. For information about how to obtain a DUNS number, go to *http://www.grants.gov* . Please note that the registration may take up to 14 business days to complete. B. Required Registration With the Central Contract Registry for Submission of Proposals The Central Contract Registry

(CCR)is a database that serves as the primary Government repository for contractor information required for the conduct of business with the Government. This database will also be used as a central location for maintaining organizational information for organizations seeking and receiving grants from the Government. Such organizations must register in the CCR prior to the submission of applications. A DUNS number is needed for CCR registration. For information about how to register in the CCR, visit ”Get Started” at the Web site, *http://www.grants.gov* . Allow a minimum of 5 business days to complete the CCR registration. C. Related Programs Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programs—CFDA No. 10.455 (Community Outreach and Assistance Partnerships), CFDA No. 10.456 (Risk Management Research Partnerships), CFDA No. 10.458 (Crop Insurance Education in Targeted States), and CFDA No. 10.459 (Commodity Partnerships Small Sessions Program). These programs have some similarities, but also key differences. The differences stem from important features of each program's authorizing legislation and different RMA objectives. Prospective applicants should carefully examine and compare the notices for each program. Signed in Washington, DC on March 1, 2007. James Callan, Acting Manager, Federal Crop Insurance Corporation. [FR Doc. E7-4080 Filed 3-6-07; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation Commodity Partnerships for Small Agricultural Risk Management Education Sessions (Commodity Partnerships Small Sessions Program) *Announcement Type:* Announcement of Availability of Funds and Request for Application for Competitive Cooperative Partnership Agreements. *Catalog of Federal Domestic Assistance Number (CFDA):* 10.459. *Dates:* Applications are due 5 p.m. EDT, April 23, 2007. *Summary:* The Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces the availability of approximately $500,000 for Commodity Partnerships for Small Agricultural Risk Management Education Sessions (the Commodity Partnerships Small Sessions Program). The purpose of this cooperative partnership agreement program is to deliver training and information in the management of production, marketing, and financial risk to U.S. agricultural producers. The program gives priority to educating producers of crops currently not insured under Federal crop insurance, specialty crops, and underserved commodities, including livestock and forage. A maximum of 50 cooperative partnership agreements will be funded, with no more than five in each of the ten designated RMA Regions. The maximum award for any cooperative partnership agreement will be $10,000. Awardees must demonstrate non-financial benefits from a cooperative partnership agreement and must agree to the substantial involvement of RMA in the project. Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programs—CFDA No. 10.455 (Community Outreach and Assistance Partnerships), CFDA No. 10.456 (Risk Management Research Partnerships), CFDA No. 10.457 (Commodity Partnerships for Risk Management Education), and CFDA No. 10.458 (Crop Insurance Education in Targeted States). Prospective applicants should carefully examine and compare the notices for each program. This Announcement Consists of Eight Sections Section I—Funding Opportunity Description A. Legislative Authority B. Background C. Definition of Priority Commodities D. Project Goal E. Purpose Section II—Award Information A. Type of Award B. Funding Availability C. Location and Target Audience D. Maximum Award E. Project Period F. Description of Agreement Awardee Tasks G. RMA Activities H. Other Tasks Section III—Eligibility Information A. Eligible Applicants B. Cost Sharing or Matching C. Other—Non-Financial Benefits Section IV—Application and Submission Information A. Address to Submit an Application Package B. Content and Form of Application Submission C. Submission Dates and Times D. Intergovernmental Review E. Funding Restrictions F. Limitation on Use of Project Funds for Salaries and Benefits G. Indirect Cost Rates H. Other Submission Requirements I. Electronic submissions J. Acknowledgement of Applications Section V—Application Review Process A. Criteria B. Selection and Review Process Section VI—Award Administration A. Award Notices B. Administrative and National Policy Requirements 1. Requirement to Use Program Logo 2. Requirement to Provide Project Information to an RMA-selected Representative 3. Private Crop Insurance Organizations and Potential Conflict of Interest 4. Access to Panel Review Information 5. Confidential Aspects of Applications and Awards 6. Audit Requirements 7. Prohibitions and Requirements Regarding Lobbying 8. Applicable OMB Circulars 9. Requirement to Assure Compliance with Federal Civil Rights Laws 10. Requirement to Participate in a Post Award Conference 11. Requirement to Submit Educational Materials to the National AgRisk Education Library C. Reporting Requirements Section VII—Agency Contact Section VIII—Additional Information A. Dun and Bradstreet Data Universal Numbering System

(Act)(7 U.S.C. 1522(d)(3)(F). B. Background RMA promotes and regulates sound risk management solutions to improve the economic stability of American agriculture. On behalf of FCIC, RMA does this by offering Federal crop insurance products through a network of private-sector partners, overseeing the creation of new risk management products, seeking enhancements in existing products, ensuring the integrity of crop insurance programs, offering outreach programs aimed at equal access and participation of underserved communities, and providing risk management education and information. One of RMA's strategic goals is to ensure that its customers are well informed as to the risk management solutions available. This educational goal is supported by section 522(d)(3)(F) of the Act, which authorizes FCIC funding for risk management training and informational efforts for agricultural producers through the formation of partnerships with public and private organizations. With respect to such partnerships, priority is to be given to reaching producers of Priority Commodities, as defined below. C. Definition of Priority Commodities For purposes of this program, Priority Commodities are defined as: • *Agricultural commodities covered by (7 U.S.C. 7333).* Commodities in this group are commercial crops that are not covered by catastrophic risk protection crop insurance, are used for food or fiber (except livestock), and specifically include, but are not limited to, floricultural, ornamental nursery, Christmas trees, turf grass sod, aquaculture (including ornamental fish), and industrial crops. • *Specialty crops.* Commodities in this group may or may not be covered under a Federal crop insurance plan and include, but are not limited to, fruits, vegetables, tree nuts, syrups, honey, roots, herbs, and highly specialized varieties of traditional crops. • *Underserved commodities.* This group includes:

(a)commodities, including livestock and forage, that are covered by a Federal crop insurance plan but for which participation in an area is below the national average; and

(b)commodities, including livestock and forage, with inadequate crop insurance coverage. A project is considered as giving priority to Priority Commodities if the majority of the educational activities of the project are directed to producers of any of the three classes of commodities listed above or any combination of the three classes. D. Project Goal The goal of this program is to ensure that “* * * producers will be better able to use financial management, crop insurance, marketing contracts, and other existing and emerging risk management tools”. E. Purpose The purpose of the Commodity Partnership Small Session Program is to provide U.S. farmers and ranchers with training and informational opportunities to be able to understand: • The kinds of risks addressed by existing and emerging risk management tools; • the features and appropriate use of existing and emerging risk management tools; and • how to make sound risk management decisions. II. Award Information A. Type of Award Cooperative Partnership Agreements, which require the substantial involvement of RMA. B. Funding Availability Approximately $500,000 is available in fiscal year 2007 to fund up to 50 cooperative partnership agreements. The maximum award for any agreement will be $10,000. It is anticipated that a maximum of five agreements will be funded in each of the ten designated RMA Regions. In the event that all funds available for this program are not obligated after the maximum number of agreements are awarded or if additional funds become available, these funds may, at the discretion of the Manager of FCIC, be used to award additional applications that score highly by the technical review panel or allocated pro-rata to awardees for use in broadening the size or scope of awarded projects if agreed to by the awardee. In the event that the Manager of FCIC determines that available RMA resources cannot support the administrative and substantial involvement requirements of all agreements recommended for funding, the Manager may elect to fund fewer agreements than the available funding might otherwise allow. It is expected that the awards will be made approximately 60 days after the application deadline. All awards will be made and agreements finalized no later than September 30, 2007. C. Location and Target Audience RMA Regional Offices and the States serviced within each Region are listed below. Staff from the respective RMA Regional Offices will provide substantial involvement for projects conducted within the Region. *Billings, MT Regional Office:* (MT, ND, SD, and WY) Davis, CA Regional Office: (AZ, CA, HI, NV, and UT) Jackson, MS Regional Office: (AR, KY, LA, MS, and TN) Oklahoma City, OK Regional Office: (NM, OK, and TX) Raleigh, NC Regional Office: (CT, DE, MA, MD, ME, NC, NH, NJ, NY, PA, RI, VA, VT, and WV) Spokane, WA Regional Office: (AK, ID, OR, and WA) Springfield, IL Regional Office: (IL, IN, MI, and OH) St. Paul, MN Regional Office: (IA, MN, and WI) Topeka, KS Regional Office: (CO, KS, MO, and NE) Valdosta, GA Regional Office: (AL, FL, GA, SC, and Puerto Rico) Applicants must clearly designate in their application narratives the RMA Region where educational activities will be conducted and the specific groups of producers within the region that the applicant intends to reach through the project. Priority will be given to producers of Priority Commodities. Applicants proposing to conduct educational activities in more than one RMA Region must submit a separate application for each RMA Region. Single applications proposing to conduct educational activities in more than one RMA Region will be rejected. D. Maximum Award Any application that requests Federal funding of more than $10,000 for a project will be rejected. RMA also reserves the right to fund successful applications at an amount less than requested if it is judged that the application can be implemented at a lower funding level. E. Project Period Projects will be funded for a period of up to one year from the project starting date. F. Description of Agreement Award Awardee Tasks In conducting activities to achieve the purpose and goal of this program in a designated RMA Region, the awardee will be responsible for performing the following tasks: • Develop and conduct a promotional program. This program will include activities using media, newsletters, publications, or other appropriate informational dissemination techniques that are designed to:

(a)Raise awareness for risk management;

(b)inform producers of the availability of risk management tools; and

(c)inform producers and agribusiness leaders in the designated RMA Region of training and informational opportunities. • Deliver risk management training and informational opportunities to agricultural producers and agribusiness professionals in the designated RMA Region. This will include organizing and delivering educational activities using the instructional materials that have been assembled to meet the local needs of agricultural producers. Activities should be directed primarily to agricultural producers, but may include those agribusiness professionals that have frequent opportunities to advise producers on risk management tools and decisions. • Document all educational activities conducted under the cooperative partnership agreement and the results of such activities, including criteria and indicators used to evaluate the success of the program. The awardee will also be required to provide information to an RMA-selected contractor to evaluate all educational activities and advise RMA as to the effectiveness of activities. G. RMA Activities FCIC, working through RMA, will be substantially involved during the performance of the funded project through RMA's ten Regional Offices. Potential types of substantial involvement may include, but are not limited to the following activities. • Assist in the selection of subcontractors and project staff. • Collaborate with the awardee in assembling, reviewing, and approving risk management materials for producers in the designated RMA Region. • Collaborate with the awardee in reviewing and approving a promotional program for raising awareness for risk management and for informing producers of training and informational opportunities in the RMA Region. • Collaborate with the awardee on the delivery of education to producers and agribusiness leaders in the RMA Region. This will include:

(a)Reviewing and approving in advance all producer and agribusiness leader educational activities;

(b)advising the project leader on technical issues related to crop insurance education and information; and

(c)assisting the project leader in informing crop insurance professionals about educational activity plans and scheduled meetings. • Conduct an evaluation of the performance of the awardee in meeting the deliverables of the project. Applications that do not contain substantial involvement by RMA will be rejected. H. Other Tasks In addition to the specific, required tasks listed above, the applicant may propose additional tasks that would contribute directly to the purpose of this program. For any proposed additional task, the applicant must identify the objective of the task, the specific subtasks required to meet the objective, specific time lines for performing the subtasks, and the specific responsibilities of partners. The applicant must also identify specific ways in which RMA would have substantial involvement in the proposed project task. III. Eligibility Information A. Eligible Applicants Eligible applicants include State departments of agriculture, universities, non-profit agricultural organizations, and other public or private organizations with the capacity to lead a local program of risk management education for farmers and ranchers in an RMA Region. Individuals are not eligible applicants. Although an applicant may be eligible to compete for an award based on its status as an eligible entity, other factors may exclude an applicant from receiving Federal assistance under this program governed by Federal law and regulations (e.g. debarment and suspension; a determination of non-performance on a prior contract, cooperative agreement, grant or cooperative partnership; a determination of a violation of applicable ethical standards; a determination of being considered “high risk”). Applications from ineligible or excluded persons will be rejected in their entirety. B. Cost Sharing or Matching Although RMA prefers cost sharing by the applicant, this program has neither a cost sharing nor a matching requirement. C. Other—Non-financial Benefits To be eligible, applicants must also be able to demonstrate that they will receive a non-financial benefit as a result of a cooperative partnership agreement. Non-financial benefits must accrue to the applicant and must include more than the ability to provide employment income to the applicant or for the applicant's employees or the community. The applicant must demonstrate that performance under the cooperative partnership agreement will further the specific mission of the applicant (such as providing research or activities necessary for graduate or other students to complete their educational program). Applications that do not demonstrate a non-financial benefit will be rejected. IV. Application and Submission Information A. Contact to Request Application Package Program application materials for the Commodity Partnerships Program under this announcement may be downloaded from *http://www.rma.usda.gov/aboutrma/agreements.* Applicants may also request application materials from: Lon Burke, USDA-RMA-RME, phone:

(202)720-5265, fax:

(202)690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov.* B. Content and Form of Application Submission A complete and valid application package must include an electronic copy (Microsoft Word format preferred) of the narrative portion (Forms RME 1 and RME-2) of the application package on a compact disc and an original and two copies of the completed and signed application must be submitted in one package at the time of initial submission, which must include the following: 1. A completed and signed OMB Standard Form 424, “Application for Federal Assistance”. 2. A completed and signed OMB Standard Form 424-A, “Budget Information—Non-construction Programs”. Federal funding requested (the total of direct and indirect costs) must not exceed $10,000. 3. A completed and signed OMB Standard Form 424-B, “Assurances, Non-constructive Programs”. 4. Risk Management Education Project Narrative (Form RME-1). Complete all required parts of Form RME-1: Part I—Title Page Part II—A written narrative of no more than 5 single-sided pages which will provide reviewers with sufficient information to effectively evaluate the merits of the application according to the evaluation criteria listed in this notice. Although a Statement of Work, which is the third evaluation criterion, is to be completed in detail in RME Form-2, applicants may wish to highlight certain unique features of the Statement of Work in Part II for the benefit of the evaluation panel. If your narrative exceeds the page limit, only the first 2 pages will be reviewed. • No smaller than 12-point font size. • Use an easily readable font face (e.g., Arial, Geneva, Helvetica, Times Roman). • 8.5 by 11 inch paper • One-inch margins on each page. • Printed only on one side of paper. • Unbound, held together only by rubber bands or metal clips; not bound or stapled in any other way Part III—A Budget Narrative, describing how the categorical costs listed on SF 424-A are derived. The budget narrative should provide enough detail for reviewers to easily understand how costs were determined and how they relate to the goals and objectives of the project. Part IV—Provide a “Statement of Non-financial Benefits”. (Refer to Section III, Eligibility Information, above). 5. “Statement of Work”, Form RME-2, which identifies tasks and subtasks in detail, expected completion dates and deliverables, and RMA's substantial involvement role for the proposed project. Applications that do not include items 1-5 above will be considered incomplete and will not receive further consideration and will be rejected. C. Submission Dates and Times *Applications Deadline:* 5 p.m. EDT, May 7, 2007. Applicants are responsible for ensuring that RMA receives a complete application package by the closing date and time. USPS mail sent to Washington DC headquarters is sanitized offsite, which may result in delays, loss, and physical damage to enclosures. Regardless of the delivery method you choose, please do so sufficiently in advance of the due date to ensure your application package is received on or before the deadline. It is your responsibility to meet the due date and time. Emailed and faxed applications will not be accepted. Late application packages will not receive further consideration and will be rejected. D. Intergovernmental Review Not applicable. E. Funding Restrictions Cooperative partnership agreement funds may not be used to: a. Plan, repair, rehabilitate, acquire, or construct a building or facility including a processing facility; b. Purchase, rent, or install fixed equipment; c. Repair or maintain privately owned vehicles; d. Pay for the preparation of the cooperative partnership agreement application; e. Fund political activities; f. Alcohol, food, beverage or entertainment; g. Pay costs incurred prior to receiving a cooperative partnership agreement; h. Fund any activities prohibited in 7 CFR Parts 3015 and 3019, as applicable. F. Limitation on Use of Project Funds for Salaries and Benefits Total costs for salary and benefits allowed for projects under this announcement will be limited to not more than 60 percent reimbursement of the funds awarded under the cooperative partnership agreement as indicated in Section III. Eligibility Information, C. Other—Non-financial Benefits. One goal of the Commodity Partnerships Small Sessions Program is to maximize the use of the limited funding available for risk management education for producers of Priority Commodities. In order to accomplish this goal, RMA needs to ensure that the maximum amount of funds practicable is used for directly providing the educational opportunities. Limiting the amount of funding for salaries and benefits will allow the limited amount of funding to reach the maximum number of farmers and ranchers. G. Indirect Cost Rates a. Indirect costs allowed for projects submitted under this announcement will be limited to ten

(OMB)is responsible for assigning cognizant Federal agencies. f. Applicants may be asked to provide a copy of their indirect cost rate negotiated with their cognizant agency. g. RMA reserves the right to negotiate final budgets with successful applicants. H. Other Submission Requirements *Mailed submissions:* Applications submitted through express, overnight mail or another delivery service will be considered as meeting the announced deadline if they are received in the mailroom at the address stated below for express, overnight mail or another delivery service on or before the deadline. Applicants are cautioned that express, overnight mail or other delivery services do not always deliver as agreed. Applicants should take this into account because failure of such delivery services will not extend the deadline. Mailed applications will be considered as meeting the announced deadline if they are received on or before the deadline in the mailroom at the address stated below for mailed applications. Applicants are responsible for mailing applications well in advance, to ensure that applications are received on or before the deadline time and date. Applicants using the U.S. Postal Service should allow for the extra security handling time for delivery due to the additional security measures that mail delivered to government offices in the Washington DC area requires. Address when using private delivery services or when hand delivering: Attention: Risk Management Education Program, USDA/RMA/RME, Room 5720, South Building, 1400 Independence Avenue, SW., Washington, DC 20250. Address when using U.S. Postal Service: Attention: Risk Management Education Program, USDA/RMA/RME/Stop 0808, Room 5720, South Building, 1400 Independence Avenue, SW., Washington, DC 20250-0808. I. Electronic Submissions Applications transmitted electronically via Grants.gov will be accepted prior to the application date or time deadline. The application package can be accessed via Grants.gov, go to *http://www.grants.gov* , click on “Find Grant Opportunities”, click on “Search Grant Opportunities,” and enter the CFDA number (beginning of the RFA) to search by CFDA number. From the search results, select the item that correlates to the title of this RFA. If you do not have electronic access to the RFA or have trouble downloading material and you would like a hardcopy, you may contact Lon Burke, USDA-RMA-RME, phone:

(202)720-5265, fax:

(202)690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov.* If assistance is needed to access the application package via Grants.gov (e.g., downloading or navigating PureEdge forms, using PureEdge with a Macintosh computer), refer to resources available on the Grants.gov Web site first ( *http://www.grants.gov* ). Grants.gov assistance is also available as follows: • Grants.gov customer support, Toll Free: 1-800-518-4726, Business Hours: M-F 7 a.m.—9 p.m. Eastern Standard Time, E-mail: *support@grants.gov.* Applicants who submit their applications via the Grants.gov Website are not required to submit any hard copy documents to RMA. When using Grants.gov to apply, RMA strongly recommends that you submit the online application at least two weeks prior to the application due date in case there are problems with the Grants.gov Website and you want to submit your application via a mail delivery service. J. Acknowledgement of Applications Receipt of applications will be acknowledged by e-mail, whenever possible. Therefore, applicants are encouraged to provide e-mail addresses in their applications. If an e-mail address is not indicated on an application, receipt will be acknowledged by letter. There will be no notification of incomplete, unqualified or unfunded applications until after the awards have been made. When received by RMA, applications will be assigned an identification number. This number will be communicated to applicants in the acknowledgement of receipt of applications. An application's identification number should be referenced in all correspondence regarding the application. If the applicant does not receive an acknowledgement within 15 days of the submission deadline, the applicant should notify RMA's point of contact indicated in Section VII, Agency Contact. V. Application Review Information A. Criteria Applications submitted under the Commodity Partnerships Small Sessions Program will be evaluated within each RMA Region according to the following criteria: Priority—Maximum 10 Points The applicant can submit projects that are not related to Priority Commodities. However, priority will be given to projects relating to Priority Commodities and the degree in which such projects relate to the Priority Commodities. Projects that relate solely to Priority Commodities will be eligible for the most points. Project Benefits—Maximum 25 Points The applicant must demonstrate that the project benefits to farmers and ranchers warrant the funding requested. Applicants will be scored according to the extent they can:

(a)Reasonably estimate the number of producers reached through the various educational activities described in the Statement of Work;

(b)justify such estimates with clear specifics;

(c)identify the actions producers will likely be able to take as a result of the activities described in the Statement of Work; and

(d)identify the specific measures for evaluating results that will be employed in the project. Reviewers' scoring will be based on the scope and reasonableness of the applicant's estimates of producers reached through the project, clear descriptions of specific expected project benefits, and well-designed methods for measuring the project's results and effectiveness. Statement of Work—Maximum 15 Points The applicant must produce a clear and specific Statement of Work for the project. For each of the tasks contained in the Description of Agreement Award (refer to Section II Award Information), the applicant must identify and describe specific subtasks, responsible entities, expected completion dates, RMA substantial involvement, and deliverables that will further the purpose of this program. Applicants will obtain a higher score to the extent that the Statement of Work is specific, measurable, reasonable, has specific deadlines for the completion of subtasks, and relates directly to the required activities and the program purpose described in this announcement, which is to provide producers with training and informational opportunities so that the producers will be better able to use financial management, crop insurance, marketing contracts, and other existing and emerging risk management tools. Applicants are required to submit this Statement of Work on Form RME-2. Project Management—Maximum 15 Points The applicant must demonstrate an ability to implement sound and effective project management practices. Higher scores will be awarded to applicants that can demonstrate organizational skills, leadership, and experience in delivering services or programs that assist agricultural producers in the respective RMA Region. The project manager must demonstrate that he/she has the capability to accomplish the project goal and purpose stated in this announcement by

(b)having established the capacity to partner with and gain the support of grower organizations, agribusiness professionals, and agribusiness leaders locally to aid in carrying out a program of education and information, including being able to recruit approximately the number of producers to be reached in this application. Applicants that will employ, or have access to, personnel who have experience in directing local educational programs that benefit agricultural producers in the respective RMA Region will receive higher rankings. Past Performance—Maximum 10 Points If the applicant has been an awardee of other Federal or other government grants, cooperative agreements, or contracts, the applicant must provide information relating to their past performance in reporting on outputs and outcomes under past or current federal assistance agreements. The applicant must also detail that they have consistently complied with financial and program reporting and auditing requirements. RMA reserves the right to add up to 10 points and subtract 5 points to applications due to past performance. Applicants with very good past performance will receive a score from 6-10 points. Applicants with acceptable past performance will receive a score from 1-5 points. Applicants with unacceptable past performance will receive a score of minus 5 points for this evaluation factor. Applicants without relevant past performance information will receive a neutral score of the mean number of points of all applicants with past performance. Under this cooperative partnership agreement, RMA will subjectively rate the awardee on project performance as indicated in Section II, G. The applicant must list all current public or private support to which personnel identified in the application have committed portions of their time, whether or not salary support for persons involved is included in the budget. An application that duplicates or overlaps substantially with an application already reviewed and funded (or to be funded) by another organization or agency will not be funded under this program. The projects proposed for funding should be included in the pending section. Budget Appropriateness and Efficiency—Maximum 15 Points Applicants must provide a detailed budget summary that clearly explains and justifies costs associated with the project. Applicants will receive higher scores to the extent that they can demonstrate a fair and reasonable use of funds appropriate for the project and a budget that contains the estimated cost of reaching each individual producer. The applicant must provide information factors such as: • The allowability and necessity for individual cost categories; • The reasonableness of amounts estimated for necessary costs; • The basis used for allocating indirect or overhead costs; • The appropriateness of allocating particular overhead costs to the proposed project as direct costs; and • The percent of time devoted to the project for all key project personnel identified in the application. Salaries of project personnel should be requested in proportion to the percent of time that they would devote to the project—Note: cannot exceed 60% of the total project budget. Applicants must list all current public or private support to which personnel identified in the application have committed portions of their time, whether or not salary support for persons involved is included in the budget. Only items or services that are necessary for the successful completion of the project will be funded as permitted under the Act. B. Review and Selection Process Applications will be evaluated using a two-part process. First, each application will be screened by RMA personnel to ensure that it meets the requirements in this announcement. Applications that do not meet the requirements of this announcement or that are incomplete will not receive further consideration during the next process. Applications that meet announcement requirements will be sorted into the RMA Region in which the applicant proposes to conduct the project and will be presented to a review panel for consideration. Second, the review panel will meet to consider and discuss the merits of each application. The panel will consist of not less than two independent reviewers. Reviewers will be drawn from USDA, other Federal agencies, and others representing public and private organizations, as needed. After considering the merits of all applications within an RMA Region, panel members will score each application according to the criteria and point values listed above. The panel will then rank each application against others within the RMA Region according to the scores received. A lottery will be used to resolve any instances of a tie score that might have a bearing on funding recommendations. If such a lottery is required, the names of all tied applicants will be entered into a drawing. The first tied applicant drawn will have priority over other tied applicants for funding consideration. The review panel will report the results of the evaluation to the Manager of FCIC. The panel's report will include the recommended applicants to receive cooperative partnership agreements for each RMA Region. Funding will not be provided for an application receiving a score less than 45. Funding will not be provided for an application that is highly similar to a higher-scoring application in the same RMA Region. Highly similar is one that proposes to reach the same producers likely to be reached by another applicant that scored higher by the panel and the same general educational material is proposed to be delivered. An organization, or group of organizations in partnership, may apply for funding under other FCIC or RMA programs, in addition to the program described in this announcement. However, if the Manager of FCIC determines that an application recommended for funding is sufficiently similar to a project that has been funded or has been recommended to be funded under another RMA or FCIC program, then the Manager may elect to not fund that application in whole or in part. The Manager of FCIC will make the final determination on those applications that will be awarded funding. VI. Award Administration Information A. Award Notices Following approval by the awarding official of RMA of the applications to be selected for funding, project leaders whose applications have been selected for funding will be notified. Within the limit of funds available for such a purpose, the awarding official of RMA shall enter into cooperative partnership agreements with those selected applicants. The agreements provide the amount of Federal funds for use in the project period, the terms, and conditions of the award, and the time period for the project. The effective date of the agreement shall be on the date the agreement is executed by both parties and it shall remain in effect for up to one year or through September 30, 2008, whichever is later. After a partnership agreement has been signed, RMA will extend to awardees, in writing, the authority to draw down funds for the purpose of conducting the activities listed in the agreement. All funds provided to the applicant by FCIC must be expended solely for the purpose for which the funds are obligated in accordance with the approved agreement and budget, the regulations, the terms and conditions of the award, and the applicability of Federal cost principles. No commitment of Federal assistance beyond the project period is made or implied for any award resulting from this notice. Notification of denial of funding will be sent to applicants after final funding decisions have been made and the awardees announced publicly. Reasons for denial of funding can include, but are not limited to, incomplete applications, applications with evaluation scores that are lower than other applications in an RMA Region, or applications that are highly similar to a higher-scoring application in the same RMA Region. Highly similar is an application that proposes to reach the same producers likely to be reached by another applicant that scored higher by the panel and the same general educational material is proposed to be delivered. B. Administrative and National Policy Requirements 1. Requirement To Use Program Logo Applicants awarded cooperative partnership agreements will be required to use a program logo and design provided by RMA for all instructional and promotional materials. 2. Requirement To Provide Project Information to an RMA-Selected Contractor Applicants awarded cooperative partnership agreements may be required to assist RMA in evaluating the effectiveness of its educational programs by providing documentation of educational activities and related information to any contractor selected by RMA for program evaluation purposes. 3. Private Crop Insurance Organizations and Potential Conflicts of Interest Private organizations that are involved in the sale of Federal crop insurance, or that have financial ties to such organizations, are eligible to apply for funding under this announcement. However, such entities will not be allowed to receive funding to conduct activities that would otherwise be required under a Standard Reinsurance Agreement or any other agreement in effect between FCIC and the entity. Also, such entities will not be allowed to receive funding to conduct activities that could be perceived by producers as promoting one company's services or products over another's. If applying for funding, such organizations are encouraged to be sensitive to potential conflicts of interest and to describe in their application the specific actions they will take to avoid actual and perceived conflicts of interest. 4. Access to Panel Review Information Upon written request from the applicant, scores from the evaluation panel, not including the identity of reviewers, will be sent to the applicant after the review and awards process has been completed. 5. Confidential Aspects of Applications and Awards The names of applicants, the names of individuals identified in the applications, the content of applications, and the panel evaluations of applications will all be kept confidential, except to those involved in the review process, to the extent permitted by law. In addition, the identities of review panel members will remain confidential throughout the entire review process and will not be released to applicants. At the end of the fiscal year, names of panel members will be made available. However, panelists will not be identified with the review of any particular application. When an application results in a partnership agreement, that agreement becomes a part of the official record of RMA transactions, available to the public upon specific request. Information that the Secretary of Agriculture determines to be of a confidential, privileged, or proprietary nature will be held in confidence to the extent permitted by law. Therefore, any information that the applicant wishes to be considered confidential, privileged, or proprietary should be clearly marked within an application, including the basis for such designation. The original copy of an application that does not result in an award will be retained by RMA for a period of one year. Other copies will be destroyed. Copies of applications not receiving awards will be released only with the express written consent of the applicant or to the extent required by law. An application may be withdrawn at any time prior to award. 6. Audit Requirements Applicants awarded cooperative partnership agreements are subject to audit. 7. Prohibitions and Requirements With Regard to Lobbying Section 1352 of Public Law 101-121, enacted on October 23, 1989, imposes prohibitions and requirements for disclosure and certification related to lobbying on awardees of Federal contracts, grants, cooperative agreements, and loans. It provides exemptions for Indian Tribes and tribal organizations. Current and prospective awardees, and any subcontractors, are prohibited from using Federal funds, other than profits from a Federal contract, for lobbying Congress or any Federal agency in connection with the award of a contract, grant, cooperative agreement, or loan. In addition, for each award action in excess of $100,000 ($150,000 for loans) the law requires awardees and any subcontractors:

(1)To certify that they have neither used nor will use any appropriated funds for payment of lobbyists;

(3)to file quarterly up-dates about the use of lobbyists if material changes occur in their use. The law establishes civil penalties for non-compliance. A copy of the certification and disclosure forms must be submitted with the application, are available at the address, and telephone number listed in Section VII. Agency Contact. 8. Applicable OMB Circulars All partnership agreements funded as a result of this notice will be subject to the requirements contained in all applicable OMB circulars. 9. Requirement To Assure Compliance With Federal Civil Rights Laws Awardees of all cooperative partnership agreements funded as a result of this notice are required to know and abide by Federal civil rights laws and to assure USDA and RMA that the awardee is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 7 CFR Part 15, and USDA regulations promulgated thereunder, 7 CFR 1901.202. RMA requires awardees to submit Form RD 400-4, Assurance Agreement (Civil Rights), assuring RMA of this compliance prior to the beginning of the project period. 10. Requirement To Participate in a Post Award Teleconference RMA requires that project leaders participate in a post award teleconference to become fully aware of agreement requirements and for delineating the roles of RMA personnel and the procedures that will be followed in administering the agreement and will afford an opportunity for the orderly transition of agreement duties and obligations if different personnel are to assume post-award responsibility. 11. Requirement To Submit Educational Materials to the National AgRisk Education Library RMA requires that project leaders upload digital copies of all risk management educational materials developed because of the project to the National AgRisk Education Library ( *http://www.agrisk.umn.edu/* ) for posting. RMA will be clearly identified as having provided funding for the materials. C. Reporting Requirements Awardees will be required to submit quarterly progress reports, quarterly financial reports (OMB Standard Form 269), and quarterly Activity Logs (Form RME-3) throughout the project period, as well as a final program and financial report not later than 90 days after the end of the project period. *Awardees will be required to submit prior to the award:* • A completed and signed Form RD 400-4, Assurance Agreement (Civil Rights). • A completed and signed OMB Standard Form LLL, “Disclosure of Lobbying Activities”. • A completed and signed AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions.” • A completed and signed AD-1049, “Certification Regarding Drug-Free Workplace”. • A completed and signed Faith-Based Survey on EEO. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Applicants and other interested parties are encouraged to contact: Lon Burke, USDA-RMA-RME, 1400 Independence Ave. SW., Stop 0808, Washington, DC 20250-0808, phone: 202-720-5265, fax: 202-690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov.* You may also obtain information regarding this announcement from the RMA Web site at: *http://www.rma.usda.gov/aboutrma/agreements.* VIII. Other Information A. Dun and Bradstreet Data Universal Numbering System

(DUNS)A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of over 70 million businesses worldwide. The Office of Management and Budget published a notice of final policy issuance in the **Federal Register** June 27, 2003 (68 FR 38402) that requires a DUNS number in every application (i.e., hard copy and electronic) for a grant or cooperative agreement on or after October 1, 2003. Therefore, potential applicants should verify that they have a DUNS number or take the steps needed to obtain one. For information about how to obtain a DUNS number, go to *http://www.grants.gov.* Please note that the registration may take up to 14 business days to complete. B. Required Registration With the Central Contract Registry for Submission of Proposals The Central Contract Registry

(CCR)is a database that serves as the primary Government repository for contractor information required for the conduct of business with the Government. This database will also be used as a central location for maintaining organizational information for organizations seeking and receiving grants from the Government. Such organizations must register in the CCR prior to the submission of applications. A DUNS number is needed for CCR registration. For information about how to register in the CCR, visit “Get Started” at the Web site, *http://www.grants.gov.* Allow a minimum of 5 business days to complete the CCR registration. C. Related Programs Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programs—CFDA No. 10.455 (Community Outreach and Assistance Partnerships), CFDA No. 10.456 (Risk Management Research Partnerships), CFDA No. 10.457 (Commodity Partnerships for Risk Management Education), and CFDA No. 10.458 (Crop Insurance Education in Targeted States). These programs have some similarities, but also key differences. The differences stem from important features of each program's authorizing legislation and different RMA objectives. Prospective applicants should carefully examine and compare the notices for each program. Signed in Washington, DC on March 1, 2007. James Callan, Acting Manager, Federal Crop Insurance Corporation. [FR Doc. E7-4092 Filed 3-6-07; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation Crop Insurance Education in Targeted States (Targeted States Program) *Announcement Type:* Announcement of Availability of Funds and Request for Application for Competitive Cooperative Agreements. *Catalog of Federal Domestic Assistance Number (CFDA):* 10.458. *Dates:* Applications are due 5 p.m. EDT, April 23, 2007. *Summary:* The Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces the availability of approximately $4.5 million to fund cooperative agreements under the Crop Insurance Education in Targeted States program (the Targeted States Program). The purpose of this cooperative agreement program is to deliver crop insurance education and information to U.S. agricultural producers in certain States that have been designated as historically underserved with respect to crop insurance. The states, collectively referred to as Targeted States, are Connecticut, Delaware, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming. A maximum of 15 cooperative agreements will be funded, one in each of the 15 Targeted States. Awardees of awards must agree to the substantial involvement of RMA in the project. Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programs—CFDA No. 10.455 (Community Outreach and Assistance Partnerships), CFDA No. 10.456 (Risk Management Research Partnerships) CFDA No. 10.457 (Commodity Partnerships for Risk Management Education), and CFDA No. 10.459 (Commodity Partnerships for Small Agricultural Risk Management Education Sessions). Prospective applicants should carefully examine and compare the notices for each program. This Announcement Consists of Eight Sections Section I—Funding Opportunity Description A. Legislative Authority B. Background C. Project Goal D. Purpose Section II—Award Information A. Type of Award B. Funding Availability C. Location and Target Audience D. Maximum Award E. Project Period F. Description of Agreement Award—Awardee Tasks G. RMA Activities H. Other Tasks Section III—Eligibility Information A. Eligible Applicants B. Cost Sharing or Matching C. Other—Non-Financial Benefits Section IV—Application and Submission Information A. Address to Submit an Application Package B. Content and Form of Application Submission C. Submission Dates and Times D. Intergovernmental Review E. Funding Restrictions F. Limitation on Use of Project Funds for Salaries and Benefits G. Indirect Cost Rates H. Other Submission Requirements I. Electronic submissions J. Acknowledgement of Applications Section V—Application Review Process A. Criteria B. Selection and Review Process Section VI—Award Administration A. Award Notices B. Administrative and National Policy Requirements 1. Requirement to Use Program Logo 2. Requirement to Provide Project Information to an RMA-selected Representative 3. Private Crop Insurance Organizations and Potential Conflict of Interest 4. Access to Panel Review Information 5. Confidential Aspects of Applications and Awards 6. Audit Requirements 7. Prohibitions and Requirements Regarding Lobbying 8. Applicable OMB Circulars 9. Requirement to Assure Compliance with Federal Civil Rights Laws 10. Requirement to Participate in a Post Award Conference 11. Requirement to Submit Educational Materials to the National AgRisk Education Library C. Reporting Requirements Section VII—Agency Contact Section VIII—Additional Information A. Dun and Bradstreet Data Universal Numbering System

(DUNS)B. Required Registration with the Central Contract Registry for Submission of Proposals C. Related Programs Full Text of Announcement I. Funding Opportunity Description A. Legislative Authority The Targeted States Program is authorized under section 524(a)(2) of the Federal Crop Insurance Act (Act). B. Background RMA promotes and regulates sound risk management solutions to improve the economic stability of American agriculture. On behalf of FCIC, RMA does this by offering Federal crop insurance products through a network of private-sector partners, overseeing the creation of new risk management products, seeking enhancements in existing products, ensuring the integrity of crop insurance programs, offering outreach programs aimed at equal access and participation of underserved communities, and providing risk management education and information. One of RMA's strategic goals is to ensure that its customers are well informed as to the risk management solutions available. This educational goal is supported by section 524(a)(2) of the Act. This section authorizes funding for the establishment of crop insurance education and information programs in States that have historically been underserved by the Federal crop insurance program. In accordance with the Act, the fifteen States designated as “underserved” are Connecticut, Delaware, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming (collectively referred to as “Targeted States”). C. Project Goal The goal of the Targeted States Program is to ensure that farmers and ranchers in the Targeted States are sufficiently informed so as to take full advantage of existing and emerging crop insurance products. D. Purpose The purpose of the Targeted States Program is to provide farmers and ranchers in Targeted States with education and information to be able to understand: • The kinds of risk addressed by crop insurance; • the features of existing and emerging crop insurance products; • the use of crop insurance in the management of risk; • how the use of crop insurance can affect other risk management decisions, such as the use of marketing and financial tools; • how to make informed decisions on crop insurance prior to the sales closing date deadline; and • record keeping requirements for crop insurance. In addition, for 2007, the FCIC Board of Directors and the FCIC Manager are seeking projects that also include the topics listed below which highlight the educational priorities within each of the twelve Northeast Targeted States: Aquaculture (Clams)—(MA) Nursery—(CT, DE, MA, ME, MD, NH, NY, NJ, PA, RI, VT, and WV) AGR—(CT, DE, ME, MD, MA, NH, NJ, NY, PA, RI, and VT) AGR-Lite—(CT, DE, MA, ME, MD, NH, NY, NJ, PA, RI, VT, and WV) Livestock and Livestock Risk Protection (LRP)—(WV) Pasture Rangeland and Forage Rainfall Index and the Pasture Rangeland and Forage Vegetation Index—(PA) II. Award Information A. Type of Award Cooperative Agreements, which require the substantial involvement of RMA. B. Funding Availability Approximately $4,500,000 is available in fiscal year 2006 to fund up to 15 cooperative agreements, a maximum of one agreement for each of the Targeted States. The maximum funding amount anticipated for each Targeted State's agreement is as follows. Applicants should apply for funding for that Targeted State where the applicant intends on delivering educational activities. Connecticut $225,000 Delaware 261,000 Maine 225,000 Maryland 370,000 Massachusetts 209,000 Nevada 208,000 New Hampshire 173,000 New Jersey 272,000 New York 617,000 Pennsylvania 754,000 Rhode Island 157,000 Utah 301,000 Vermont 226,000 West Virginia 209,000 Wyoming 293,000 Total 4,500,000 Funding amounts were determined by first allocating an equal amount of $150,000 to each Targeted State. Remaining funds were allocated on a pro rata basis according to each Targeted State's share of 2000 agricultural cash receipts relative to the total for all Targeted States. Both allocations were totaled for each Targeted State and rounded to the nearest $1,000. In the event that additional funds become available under this program or in the event that no application for a given Targeted State is recommended for funding by the evaluation panel, these additional funds may, at the discretion of the Manager of FCIC, be allocated pro-rata to State awardees for use in broadening the size or scope of awarded projects within the Targeted State if agreed to by the awardee. In the event that the Manager of FCIC determines that available RMA resources cannot support the administrative and substantial involvement requirements of all agreements recommended for funding, the Manager may elect to fund fewer agreements than the available funding might otherwise allow. It is expected that the awards will be made approximately 60 days after the application deadline. All awards will be made and agreements finalized no later than September 30, 2007. C. Location and Target Audience Targeted States serviced by RMA Regional Offices are listed below. Staff from the respective RMA Regional Offices will provide substantial involvement for Targeted States projects conducted within the respective Regions. Billings, MT Regional Office:

(WY)Davis, CA Regional Office: (NV and UT) Raleigh, NC Regional Office: (CT, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VT and WV) Applicants must clearly designate in their application narrative the Targeted State where crop insurance educational activities for the project will be delivered. Applicants may apply to deliver education to producers in more than one Targeted State, but a separate application must be submitted for each Targeted State. Single applications proposing to conduct educational activities in more than one Targeted State will be rejected. D. Maximum Award Any application that requests Federal funding of more than the amount listed above for a project in a given Targeted State will be rejected. E. Project Period Projects will be funded for a period of up to one year from the project starting date. F. Description of Agreement Award Awardee Tasks In conducting activities to achieve the purpose and goal of this program in a designated Targeted State, the awardee will be responsible for performing the following tasks: • Develop and conduct a promotional program. This program will include activities using media, newsletters, publications, or other appropriate informational dissemination techniques that are designed to:

(a)Raise awareness for crop insurance;

(b)inform producers of the availability of crop insurance;

(c)inform producers of the crop insurance sales closing dates prior to the deadline; and

(d)inform producers and agribusiness leaders in the designated Targeted State of training and informational opportunities. • Deliver crop insurance training and informational opportunities to agricultural producers and agribusiness professionals in the designated Targeted State in a timely manner prior to crop insurance sales closing dates in order for producers to make informed decisions prior to the crop insurance sales closing dates deadline. This will include organizing and delivering educational activities using instructional materials that have been assembled to meet the local needs of agricultural producers. Activities should be directed primarily to agricultural producers, but may include those agribusiness professionals that have frequent opportunities to advise producers on crop insurance tools and decisions. • Document all educational activities conducted under the cooperative agreement and the results of such activities, including criteria and indicators used to evaluate the success of the program. The awardee may also be required to provide information to an RMA-selected contractor to evaluate all educational activities and advise RMA as to the effectiveness of activities. G. RMA Activities FCIC, working through RMA, will be substantially involved during the performance of the funded project through three of RMA's ten Regional Offices. Potential types of substantial involvement may include, but are not limited to the following activities. • Assist in the selection of subcontractors and project staff. • Collaborate with the awardee in assembling, reviewing, and approving risk management materials for producers in the designated RMA Region. • Collaborate with the awardee in reviewing and approving a promotional program for raising awareness for risk management and for informing producers of training and informational opportunities in the RMA Region. • Collaborate with the awardee on the delivery of education to producers and agribusiness leaders in the RMA Region. This will include:

(a)Reviewing and approving in advance all producer and agribusiness leader educational activities;

(b)advising the project leader on technical issues related to crop insurance education and information; and

(c)assisting the project leader in informing crop insurance professionals about educational activity plans and scheduled meetings. • Conduct an evaluation of the performance of the awardee in meeting the deliverables of the project. Applications that do not contain substantial involvement by RMA will be rejected. H. Other Tasks In addition to the specific, required tasks listed above, the applicant may propose additional tasks that would contribute directly to the purpose of this program. For any proposed additional task, the applicant must identify the objective of the task, the specific subtasks required to meet the objective, specific time lines for performing the subtasks, and the specific responsibilities of partners. The applicant must also identify specific ways in which RMA would have substantial involvement in the proposed project task. III. Eligibility Information A. Eligible Applicants Eligible applicants include State departments of agriculture, universities, non-profit agricultural organizations, and other public or private organizations with the capacity to lead a local program of crop insurance education for farmers and ranchers within a Targeted State. Individuals are eligible applicants. Although an applicant may be eligible to compete for an award based on its status as an eligible entity, other factors may exclude an applicant from receiving Federal assistance under this program governed by Federal law and regulations (e.g. debarment and suspension; a determination of non-performance on a prior contract, cooperative agreement, grant or partnership; a determination of a violation of applicable ethical standards; a determination of being considered “high risk”). Applications from ineligible or excluded persons will be rejected in their entirety. B. Cost Sharing or Matching Although RMA prefers cost sharing by the applicant, this program has neither a cost sharing nor a matching requirement. IV. Application and Submission Information A. Contact to Request Application Package Program application materials for the Targeted States Program under this announcement may be downloaded from *http://www.rma.usda.gov/aboutrma/agreements* . Applicants may also request application materials from: Lon Burke, USDA-RMA-RME, phone:

(202)720-5265, fax:

(202)690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov* . B. Content and Form of Application Submission A complete and valid application package must include an electronic copy (Microsoft Word format preferred) of the narrative portion (Forms RME-1 and RME-2) of the application package on a compact disc and an original and two copies of the completed and signed application must be submitted in one package at the time of initial submission, which must include the following: 1. A completed and signed OMB Standard Form 424, “Application for Federal Assistance.” 2. A completed and signed OMB Standard Form 424-A, “Budget Information—Non-construction Programs.” Federal funding requested (the total of direct and indirect costs) must not exceed the maximum level for the respective Targeted State, as specified in Section II, Award Information. 3. A completed and signed OMB Standard Form 424-B, “Assurances, Non-constructive Programs.” 4. Risk Management Education Project Narrative (Form RME-1). Complete all required parts of Form RME-1: Part I—Title Page. Part II—A written narrative of no more than 10 single-sided pages which will provide reviewers with sufficient information to effectively evaluate the merits of the application according to the evaluation criteria listed in this notice. Although a Statement of Work, which is the second evaluation criterion, is to be completed in detail in RME Form-2, applicants may wish to highlight certain unique features of the Statement of Work in Part II for the benefit of the evaluation panel. If your narrative exceeds the page limit, only the first 10 pages will be reviewed. • No smaller than 12 point font size. • Use an easily readable font face (e.g., Arial, Geneva, Helvetica, Times Roman). • 8.5 by 11 inch paper. • One-inch margins on each page. • Printed on only one side of paper. • Held together only by rubber bands or metal clips; not bound or stapled in any other way. Part III—A Budget Narrative, describing how the categorical costs listed on SF 424-A are derived. The budget narrative should provide enough detail for reviewers to easily understand how costs were determined and how they relate to the goals and objectives of the project. Part IV—(Not required for Targeted States Program). 5. “Statement of Work,” (Form RME-2), which identifies tasks and subtasks in detail, expected completion dates and deliverables, and RMA's substantial involvement role for the proposed project. Applications that do not include items 1-5 above will be considered incomplete and will not receive further consideration and will be rejected. C. Submission Dates and Times Applications Deadline: 5 p.m. EDT, May 7, 2007. Applicants are responsible for ensuring that RMA receives a complete application package by the closing date and time. USPS mail sent to Washington, DC headquarters is sanitized offsite, which may result in delays, loss, and physical damage to enclosures. Regardless of the delivery method you choose, please do so sufficiently in advance of the due date to ensure your application package is received on or before the deadline. It is your responsibility to meet the due date and time. E-mailed and faxed applications will not be accepted. Late application packages will not receive further consideration and will be rejected. D. Funding Restrictions Cooperative agreement funds may not be used to: a. Plan, repair, rehabilitate, acquire, or construct a building or facility including a processing facility; b. Purchase, rent, or install fixed equipment; c. Repair or maintain privately owned vehicles; d. Pay for the preparation of the cooperative agreement application; e. Fund political activities; f. Alcohol, food, beverage, or entertainment; g. Pay costs incurred prior to receiving a cooperative agreement; h. Fund any activities prohibited in 7 CFR parts 3015 and 3019, as applicable. E. Limitation on Use of Project Funds for Salaries and Benefits Total costs for salary and benefits allowed for projects under this announcement will be limited to not more than 60 percent reimbursement of the funds awarded under the cooperative agreement. One goal of the Targeted States Program is to maximize the use of the limited funding available for crop insurance education for Targeted States. In order to accomplish this goal, RMA needs to ensure that the maximum amount of funds practicable is used for directly providing the educational opportunities. Limiting the amount of funding for salaries and benefits will allow the limited amount of funding to reach the maximum number of farmers and ranchers. F. Indirect Cost Rates a. Indirect costs allowed for projects submitted under this announcement will be limited to ten

(10)percent of the total direct cost of the cooperative agreement. Therefore, when preparing budgets, applicants should limit their requests for recovery of indirect costs to the lesser of their institution's official negotiated indirect cost rate or 10 percent of the total direct costs. b. RMA will withhold all indirect cost rate funds for an award to an applicant requesting indirect costs if the applicant has not negotiated an indirect cost rate with its cognizant Federal agency. c. If an applicant is in the process of negotiating an indirect cost rate with its cognizant Federal agency, RMA will withhold all indirect cost rate funds from that applicant until the indirect cost rate has been established. d. If an applicant's indirect cost rate has expired or will expire prior to award announcements, a clear statement on renegotiation efforts must be included in the application. e. It is incumbent on all applicants to have a current indirect cost rate or begin negotiations to establish an indirect cost rate prior to the submission deadline. Because it may take several months to obtain an indirect cost rate, applicants needing an indirect cost rate are encouraged to start work on establishing these rates well in advance of submitting an application. The U.S. Office of Management and Budget

(OMB)is responsible for assigning cognizant Federal agencies. f. Applicants may be asked to provide a copy of their indirect cost rate negotiated with their cognizant agency. g. RMA reserves the right to negotiate final budgets with successful applicants. G. Other Submission Requirements Mailed submissions Applications submitted through express, overnight mail or another delivery service will be considered as meeting the announced deadline if they are received in the mailroom at the address stated below for express, overnight mail or another delivery service on or before the deadline. Applicants are cautioned that express, overnight mail or other delivery services do not always deliver as agreed. Applicants should take this into account because failure of such delivery services will not extend the deadline. Mailed applications will be considered as meeting the announced deadline if they are received on or before the deadline in the mailroom at the address stated below for mailed applications. Applicants are responsible for mailing applications well in advance, to ensure that applications are received on or before the deadline time and date. Applicants using the U.S. Postal Service should allow for the extra time for delivery due to the additional security measures that mail delivered to government offices in the Washington DC area requires. Address when using private delivery services or when hand delivering: Attention: Risk Management Education Program, USDA/RMA/RME, Room 5720, South Building, 1400 Independence Avenue, SW., Washington, DC 20250. Address when using U.S. Postal Services: Attention: Risk Management Education Program, USDA/RMA/RME/Stop 0808, Room 5720, South Building, 1400 Independence Ave., SW., Washington, DC 20250-0808. H. Electronic Submissions Applications transmitted electronically via Grants.gov will be accepted prior to the application date or time deadline. The application package can be accessed via Grants.gov, go to *http://www.grants.gov* , click on “Find Grant Opportunities,” click on “Search Grant Opportunities,” and enter the CFDA number (beginning of the RFA) to search by CFDA number. From the search results, select the item that correlates to the title of this RFA. If you do not have electronic access to the RFA or have trouble downloading material and you would like a hardcopy, you may contact Lon Burke, USDA-RMA-RME, phone:

(202)720-5265, fax:

(202)690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov* . If assistance is needed to access the application package via Grants.gov (e.g., downloading or navigating PureEdge forms, using PureEdge with a Macintosh computer), refer to resources available on the Grants.gov Web site first ( *http://www.grants.gov/* ). Grants.gov assistance is also available as follows: • Grants.gov customer support, *Toll Free:* 1-800-518-4726. *Business Hours:* M-F 7 a.m.-9 p.m. Eastern Standard Time. *E-mail:* *support@grants.gov* . Applicants who submit their applications via the Grants.gov Web site are not required to submit any hard copy documents to RMA. When using Grants.gov to apply, RMA strongly recommends that you submit the online application at least two weeks prior to the application due date in case there are problems with the Grants.gov website and you want to submit your application via a mail delivery service. I. Acknowledgement of Applications Receipt of applications will be acknowledged by e-mail, whenever possible. Therefore, applicants are encouraged to provide e-mail addresses in their applications. If an e-mail address is not indicated on an application, receipt will be acknowledged by letter. There will be no notification of incomplete, unqualified or unfunded applications until the awards have been made. When received by RMA, applications will be assigned an identification number. This number will be communicated to applicants in the acknowledgement of receipt of applications. An application's identification number should be referenced in all correspondence regarding the application. If the applicant does not receive an acknowledgement within 15 days of the submission deadline, the applicant should notify RMA's point of contact indicated in Section VII, Agency Contact. V. Application Review Information A. Criteria Applications submitted under the Targeted States program will be evaluated within each Targeted State according to the following criteria: Project Benefits—Maximum 35 Points The applicant must demonstrate that the project benefits to farmers and ranchers warrant the funding requested. Applicants will be scored according to the extent they can:

(a)Reasonably estimate the total number of producers reached through the various educational activities described in the Statement of Work;

(b)justify such estimates with clear specifics;

(c)identify the actions producers will likely be able to take as a result of the activities described in the Statement of Work; and

(d)identify the specific measures for evaluating results that will be employed in the project. Reviewers' scoring will be based on the scope and reasonableness of the applicant's estimates of producers reached through the project, clear descriptions of specific expected project benefits, and well-designed methods for measuring the project's results and effectiveness. Statement of Work—Maximum 25 Points The applicant must produce a clear and specific Statement of Work for the project. For each of the tasks contained in the Description of Agreement Award (refer to Section II Award Information), the applicant must identify and describe specific subtasks, responsible entities, expected completion dates, RMA substantial involvement, and deliverables that will further the purpose of this program. Applicants will obtain a higher score to the extent that the Statement of Work is specific, measurable, reasonable, has specific deadlines for the completion of subtasks, relates directly to the required activities and the program purpose described in this announcement. Applicants are required to submit this Statement of Work on Form RME-2. Partnering—Maximum 15 Points The applicant must demonstrate experience and capacity to partner with and gain the support of grower organizations, agribusiness professionals, and agricultural leaders to carry out a local program of education and information in a designated Targeted State. The applicant is required to establish a written partnering plan that includes how each partner will aid in carrying out the project goal and purpose stated in this announcement and letters of support stating that the partner has agreed to do this work. The applicant must ensure this plan includes a list of all partners working on the project, their titles, and how they will be contributing to the deliverables listed in the agreement. Applicants will receive higher scores to the extent that they can document and demonstrate:

(a)That partnership commitments are in place for the express purpose of delivering the program in this announcement;

(b)that a broad group of farmers and ranchers will be reached within the Targeted State;

(c)that partners are contributing to the project and involved in recruiting producers to attend the training;

(d)that a substantial effort has been made to partner with organizations that can meet the needs of producers; and

(e)statements from each partner regarding the number of producers that partner is committed to recruit for the project that would support the estimates specified under the Project Benefits criterion. Project Management—Maximum 15 Points The applicant must demonstrate an ability to implement sound and effective project management practices. Higher scores will be awarded to applicants that can demonstrate organizational skills, leadership, and experience in delivering services or programs that assist agricultural producers in the respective Targeted State. The project manager must demonstrate that he/she has the capability to accomplish the project goal and purpose stated in this announcement by

(a)having a previous working relationship with the farm community in the designated Targeted State of the application, including being able to recruit approximately the number of producers to be reached in the application and/or

(b)having established the capacity to partner with and gain the support of grower organizations, agribusiness professionals, and agribusiness leaders locally to aid in carrying out a program of education and information, including being able to recruit approximately the number of producers to be reached in this application. Applicants that will employ, or have access to, personnel who have experience in directing local educational programs that benefit agricultural producers in the respective Targeted State will receive higher rankings. Past Performance—Maximum 10 Points If the applicant has been an awardee of other Federal or other government grants, cooperative agreements, or contracts, the applicant must provide information relating to their past performance in reporting on outputs and outcomes under past or current federal assistance agreements. The applicant must also detail that they have consistently complied with financial and program reporting and auditing requirements. RMA reserves the right to add up to 10 points and subtract 5 points to applications due to past performance. Applicants with very good past performance will receive a score from 6-10 points. Applicants with acceptable past performance will receive a score from 1-5 points. Applicants with unacceptable past performance will receive a score of minus 5 points for this evaluation factor. Applicants without relevant past performance information will receive a neutral score of the mean number of points of all applicants with past performance. Under this cooperative partnership agreement, RMA will subjectively rate the awardee on project performance as indicated in Section II, G. The applicant must list all current public or private support to which personnel identified in the application have committed portions of their time, whether or not salary support for persons involved is included in the budget. An application that duplicates or overlaps substantially with an application already reviewed and funded (or to be funded) by another organization or agency will not be funded under this program. The projects proposed for funding should be included in the pending section. Budget Appropriateness and Efficiency—Maximum 15 Points Applicants must provide a detailed budget summary that clearly explains and justifies costs associated with the project. Applicants will receive higher scores to the extent that they can demonstrate a fair and reasonable use of funds appropriate for the project and a budget that contains the estimated cost of reaching each individual producer. The applicant must provide information factors such as: • The allowability and necessity for individual cost categories; • The reasonableness of amounts estimated for necessary costs; • The basis used for allocating indirect or overhead costs; • The appropriateness of allocating particular overhead costs to the proposed project as direct costs; and • The percent of time devoted to the project for all key project personnel identified in the application. Salaries of project personnel should be requested in proportion to the percent of time that they would devote to the project—Note: cannot exceed 60% of the total project budget. Applicants must list all current public or private support to which personnel identified in the application have committed portions of their time, whether or not salary support for persons involved is included in the budget. Only items or services that are necessary for the successful completion of the project will be funded as permitted under the Act. B. Review and Selection Process Applications will be evaluated using a two-part process. First, each application will be screened by RMA personnel to ensure that it meets the requirements in this announcement. Applications that do not meet the requirements of this announcement or are incomplete will not receive further consideration during the next process. Applications that meet announcement requirements will be sorted into the Targeted State in which the applicant proposes to conduct the project and will be presented to a review panel for consideration. Second, the review panel will meet to consider and discuss the merits of each application. The panel will consist of not less than two independent reviewers. Reviewers will be drawn from USDA, other Federal agencies, and others representing public and private organizations, as needed. After considering the merits of all applications within a Targeted State, panel members will score each application according to the criteria and point values listed above. The panel will then rank each application against others within the Targeted State according to the scores received. A lottery will be used to resolve any instances of a tie score that might have a bearing on funding recommendations. If such a lottery is required, the names of all tied applicants will be entered into a drawing. The first tied applicant drawn will have priority over other tied applicants for funding consideration. The review panel will report the results of the evaluation to the Manager of FCIC. The panel's report will include the recommended applicants to receive cooperative agreements for each Targeted State. Funding will not be provided for an application receiving a score less than 60. An organization, or group of organizations in partnership, may apply for funding under other FCIC or RMA programs, in addition to the program described in this announcement. However, if the Manager of FCIC determines that an application recommended for funding is sufficiently similar to a project that has been funded or has been recommended to be funded under another RMA or FCIC program, then the Manager may elect to not fund that application in whole or in part. The Manager of FCIC will make the final determination on those applications that will be awarded funding. VI. Award Administration Information A. Award Notices Following approval by the awarding official of RMA of the applications to be selected for funding, project leaders whose applications have been selected for funding will be notified. Within the limit of funds available for such a purpose, the awarding official of RMA shall enter into cooperative agreements with those awardees. The agreements provide the amount of Federal funds for use in the project period, the terms and conditions of the award, and the time period for the project. The effective date of the agreement shall be on the date the agreement is executed by both parties and it shall remain in effect for up to one year or through September 30, 2008, whichever is later. After a cooperative agreement has been signed, RMA will extend to awardees, in writing, the authority to draw down funds for the purpose of conducting the activities listed in the agreement. All funds provided to the awardee by FCIC must be expended solely for the purpose for which the funds are obligated in accordance with the approved agreement and budget, the regulations, the terms and conditions of the award, and the applicability of Federal cost principles. No commitment of Federal assistance beyond the project period is made or implied for any award resulting from this notice. Notification of denial of funding will be sent to applicants after final funding decisions have been made and awardees announced publicly. Reasons for denial of funding can include, but are not limited to, incomplete applications, applications with evaluation scores below 60, or applications with evaluation scores that are lower than those of other applications in a Targeted State. B. Administrative and National Policy Requirements 1. Requirement to Use Program Logo Awardees of cooperative agreements will be required to use a program logo and design provided by RMA for all instructional and promotional materials. 2. Requirement to Provide Project Information to an RMA-Selected Contractor Awardees of cooperative agreements may be required to assist RMA in evaluating the effectiveness of its educational programs by providing documentation of educational activities and related information to any contractor selected by RMA for program evaluation purposes. 3. Private Crop Insurance Organizations and Potential Conflicts of Interest Private organizations that are involved in the sale of Federal crop insurance, or that have financial ties to such organizations, are eligible to apply for funding under this announcement. However, such entities will not be allowed to receive funding to conduct activities that would otherwise be required under a Standard Reinsurance Agreement or any other agreement in effect between FCIC and the entity. Also, such entities will not be allowed to receive funding to conduct activities that could be perceived by producers as promoting one company's services or products over another's. If applying for funding, such organizations are encouraged to be sensitive to potential conflicts of interest and to describe in their application the specific actions they will take to avoid actual and perceived conflicts of interest. 4. Access to Panel Review Information Upon written request from the applicant, scores from the evaluation panel, not including the identity of reviewers, will be sent to the applicant after the review and awards process has been completed. 5. Confidential Aspects of Applications and Awards The names of applicants, the names of individuals identified in the applications, the content of applications, and the panel evaluations of applications will all be kept confidential, except to those involved in the review process, to the extent permitted by law. In addition, the identities of review panel members will remain confidential throughout the entire review process and will not be released to applicants. At the end of the fiscal year, names of panel members will be made available. However, panelists will not be identified with the review of any particular application. When an application results in a cooperative agreement, that agreement becomes a part of the official record of RMA transactions, available to the public upon specific request. Information that the Secretary of Agriculture determines to be of a confidential, privileged, or proprietary nature will be held in confidence to the extent permitted by law. Therefore, any information that the applicant wishes to be considered confidential, privileged, or proprietary should be clearly marked within an application, including the basis for such designation. The original copy of an application that does not result in an award will be retained by RMA for a period of one year. Other copies will be destroyed. Copies of applications not receiving awards will be released only with the express written consent of the applicant or to the extent required by law. An application may be withdrawn at any time prior to award. 6. Audit Requirements Awardees of cooperative agreements are subject to audit. 7. Prohibitions and Requirements With Regard to Lobbying Section 1352 of Public Law 101-121, enacted on October 23, 1989, imposes prohibitions and requirements for disclosure and certification related to lobbying on awardees of Federal contracts, grants, cooperative agreements, and loans. It provides exemptions for Indian Tribes and tribal organizations. Current and prospective awardees, and any subcontractors, are prohibited from using Federal funds, other than profits from a Federal contract, for lobbying Congress or any Federal agency in connection with the award of a contract, grant, cooperative agreement, or loan. In addition, for each award action in excess of $100,000 ($150,000 for loans) the law requires awardees and any subcontractors:

(1)To certify that they have neither used nor will use any appropriated funds for payment of lobbyists;

(3)to file quarterly up-dates about the use of lobbyists if material changes occur in their use. The law establishes civil penalties for non-compliance. A copy of the certification and disclosure forms must be submitted with the application and are available at the address and telephone number listed in Section VII. Agency Contact. 8. Applicable OMB Circulars All cooperative agreements funded as a result of this notice will be subject to the requirements contained in all applicable OMB circulars. 9. Requirement To Assure Compliance With Federal Civil Rights Laws Project leaders of all cooperative agreements funded as a result of this notice are required to know and abide by Federal civil rights laws and to assure USDA and RMA that the awardee is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d *et seq.* ), 7 CFR part 15, and USDA regulations promulgated thereunder, 7 CFR 1901.202. RMA requires that awardees submit Form RD 400-4, Assurance Agreement (Civil Rights), assuring RMA of this compliance prior to the beginning of the project period. 10. Requirement To Participate in a Post Award Conference RMA requires that project leaders attend a post award conference to become fully aware of cooperative agreement requirements and for delineating the roles of RMA personnel and the procedures that will be followed in administering the agreement and will afford an opportunity for the orderly transition of agreement duties and obligations if different personnel are to assume post-award responsibility. In their applications, applicants should budget for possible travel costs associated with attending this conference. 11. Requirement To Submit Educational Materials to the National AgRisk Education Library RMA requires that project leaders upload digital copies of all risk management educational materials developed because of the project to the National AgRisk Education Library ( *http://www.agrisk.umn.edu/* ) for posting. RMA will be clearly identified as having provided funding for the materials. C. Reporting Requirements Awardees will be required to submit quarterly progress reports, quarterly financial reports (OMB Standard Form 269), and quarterly Activity Logs (Form RME-3) throughout the project period, as well as a final program and financial report not later than 90 days after the end of the project period. Awardees will be required to submit prior to the award: • A completed and signed Form RD 400-4, Assurance Agreement (Civil Rights). • A completed and signed OMB Standard Form LLL, “Disclosure of Lobbying Activities.” • A completed and signed AD-1047, “Certification Regarding Debarment, Suspension and Other Responsibility Matters—Primary Covered Transactions.” • A completed and signed AD-1049, “Certification Regarding Drug-Free Workplace.” • A completed and signed Faith-Based Survey on EEO. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Applicants and other interested parties are encouraged to contact: Lon Burke, USDA-RMA-RME, phone: 202-720-5265, fax: 202-690-3605, e-mail: *RMA.Risk-Ed@rma.usda.gov* . You may also obtain information regarding this announcement from the RMA Web site at: *http://www.rma.usda.gov/aboutrma/agreements/* . VIII. Other Information A. Dun and Bradstreet Data Universal Numbering System

(OMB)regulations, the Food Safety and Inspection Service

(FSIS)is announcing its intention to request a revision of an approved information collection regarding Listeria Control for Ready-to-Eat products to reflect its most recent plant data, which support a finding of fewer total burden hours. DATES: Comments on this notice must be received on or before May 7, 2007. ADDRESSES: FSIS invites interested persons to submit comments on this notice. Comments may be submitted by any of the following methods: • *Mail, including floppy disks or CD-ROM's, and hand-or courier-delivered items:* Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., Room 102 Cotton Annex, Washington, DC 20250. • *Electronic mail: fsis.regulationscomments@fsis.usda.gov* . • *Federal eRulemaking Portal:* This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to *http://www.regulation.gov* and in the “Search for Open Regulations” box, select “Food Safety and Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select FDMS Docket Number FSIS-2006-0044 to submit or view public comments and to view supporting and related materials available electronically. All submissions received by mail or electronic mail must include the Agency name and docket number. All comments submitted in response to this document, as well as research and background information used by FSIS in developing this document, will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. Comments will also be posted on the Agency's Web site at *http://www.fsis.usda.gov/regulations_&_policies/regulations_directives_&_notices/index.asp* . FOR FURTHER INFORMATION CONTACT: John O'Connell, Paperwork Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 300 12th Street, SW., Room 112, Washington, DC 20250-3700,

(202)720-0345. SUPPLEMENTARY INFORMATION: *Title: Listeria* Control for Ready-to-Eat Products. *OMB Number:* 0583-0132. *Expiration Date of Approval:* 07/31/2007. *Type of Request:* Revision of an approved information collection. *Abstract:* FSIS has been delegated the authority to exercise the functions of the Secretary as specified in the Federal Meat Inspection Act

(FMIA)(21 U.S.C. 601, *et seq.* ) and the Poultry Products Inspection Act

(PPIA)(21 U.S.C. 451, *et seq.* ). These statutes provide that FSIS is to protect the public by verifying that meat and poultry products are safe, wholesome, unadulterated, and properly labeled and packaged. FSIS regulations (9 CFR 430.4) require official establishments that produce certain ready-to-eat

(RTE)meat and poultry products to take measures to prevent product adulteration by the pathogen *Listeria monocytogenes* . Official establishments that produce RTE meat and poultry products annually furnish FSIS with information on the production volume of RTE products affected by the regulations and the control measures used by the establishments. RTE establishments develop microbiological sampling and testing plans to support the efficacy of sanitation controls. RTE establishments develop microbiological sampling plans to ensure that their sanitation procedures are adequate. RTE establishments sample and test food-contact surfaces to verify that their *Listeria* controls are working. Some RTE establishments hold and test for *L. monocytogenes* or indicator organisms. FSIS is requesting a revision of an approved information collection addressing paperwork and recordkeeping requirements regarding *Listeria* control. The Agency is revising the *Listeria* controls information collection based on its most recent plant data, which support a finding of fewer total burden hours than there are in the approved information collection. FSIS has made the following estimates based upon an information collection assessment: *Estimate of Burden:* FSIS estimates that it will take respondents an average of 8.3 hours annually to collect and report this information. *Respondents:* Ready-to-Eat establishments. *Estimated No. of Respondents:* 3,590. *Estimated No. of Annual Responses per Respondent:* 45,388. *Estimated Total Annual Burden on Respondents:* 29,793 hours. Copies of this information collection assessment can be obtained from John O'Connell, Paperwork Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 300 12th Street, SW., Room 112, Washington, DC 20250-3700,

(202)720-5627,

(202)720-0345. *Comments are invited on:*

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

(b)the accuracy of FSIS' 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 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology. Comments may be sent to both John O'Connell, Paperwork Reduction Act Coordinator, at the address provided above, and the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20253. 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. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it online through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2007_Notices_Index/index.asp.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC on March 2, 2007. David P. Goldman, Acting Administrator. [FR Doc. E7-4086 Filed 3-6-07; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Forest Service Fremont-Winema National Forests; Oregon; Invasive Plant Treatment AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The USDA Forest Service will prepare an Environmental Impact Statement

(EIS)to document and disclose the potential environmental effects of proposed invasive plant treatments on the Fremont-Winema National Forests. Treatment methods would include manual, mechanical, cultural, biological, and chemical control. Combinations of methods may be used. Treatments would focus on 4,274 known invasive plant sites currently infesting approximately 7,730 acres. The Proposed Action also includes an Early Detection/Rapid Response

(EDRR)process to allow treatment of new or previously undiscovered infestations. Under the EDRR approach, new sites would be evaluated to ensure that effects are within the scope of those already analyzed in the EIS. DATES: Comments concerning the scope of the analysis must be received by April 9, 2007. The draft environmental impact statement is expected in November 2007 and the final environmental impact statement is expected in July 2008. ADDRESSES: Send written comments to Karen Shimamoto, Forests Supervisor, Fremont-Winema National Forests, Fremont-Winema Headquarters, 1301 South G Street, Lakeview, OR 97630. Electronic comments can be submitted to: *comments-pacificnorthwest-fremont-winema@fs.fed.us* . FOR FURTHER INFORMATION CONTACT: Rick Elston, Interdisciplinay Team Leader, Fremont-Winema National Forests, P.O. Box 129, Silver Lake, OR 97638. Phone

(541)576-7569 or e-mail *relston@fs.fed.us* ; or Sarah Malaby, Forest Botanist, Fremont-Winema National Forests, 2819 Dahlia, Klamath Falls, OR 97601. Phone

(541)885-3421 or e-mail *smalaby@fs.fed.us* . SUPPLEMENTARY INFORMATION: Purpose and Need for Action There is an underlying need for timely control and/or eradiction of invasive plants on the Fremont-Winema National Forests so that desired environmental conditions (healthy native plant populations) may be achieved. Invasive plants can displace native plant communities, increase fire hazard, degrade fish and wildlife habitat, eliminate rare and cultural plants, increase soil erosion, and adversely affect scenic beauty and recreational opportunities. Because of their competitive abilities and a lack of natural predators to keep them in check, invasive plants can spread rapidly across the landscape, unimpeded by ownership or administrative boundaries. Infested areas represent potential seed sources for further invasion into neighboring ownerships. On the Fremont-Winema National Forests there are presently 24 species of invasive plants infesting approximately 7,400 acres. Noxious weed control is currently taking place on the Forests under separate Winema and Fremont Environmental Assessments. This proposal would create a consistent program across the two Forests, address invasive species sites found since those decisions were signed, and include use of additional, often less toxic and more effective, herbicides. The project will utilize recent direction and new tools provided by the *Pacific Northwest Region Invasive Plant Program Preventing and Managing Invasive* Plants Record of Decision signed in 2005. The purpose of this project is to control invasive plants in a cost-effective manner that complies with environmental standards. Without action, invasive plant populations will continue to have adverse effects on National Forest System and adjacent lands. Proposed Action The Proposed Action for this project is to apply site-specific treatment prescriptions to invasive plants on the Fremont-Winema National Forests. Treatments are to be based on site objective (containment, control, or eradication), biology of the invasive plant species, size of the infestation, and spread potential. Project Design Criteria

(PDC)will be developed to reduce or eliminate potentially adverse effects on non-target species and other resources. Treatment of both existing and newly discovered invasive plant species infestations would occur during the next 10 to 15 years. Concentrations of known invasive plant sites have been grouped into 54 “treatment areas” that take into consideration expected spread patterns associated with road systems, plantations, areas burned by wildfire, and other habitat conditions at risk of infestation. Treatment areas encompass 156,000 acres and contain 4,274 known invasive plant sites currently infesting approximately 7,730 acres. Maps and descriptions of treatment areas are available at: *http:www.fs.fed.us/r6/frewin/projects/analyses/2007invasives/* , or upon request. The amount of acres treated in any given year would depend on funding and the success of past treatments. It is expected that less than 5,000 acres would be treated each year. With private landowner cooperation, the proposal would provide the option to use Federal funds to treat invasive plants on adjacent private lands both inside and outside the Forest boundary. Use of federal dollars on private land would be considered for high priority species, populations overlapping both ownerships, and sites with high potential for spread across boundaries, such as those in road corridors and areas burned by wildfire. The Proposed Action includes an Early Detection/Rapid Response

(EDRR)process to allow treatment of new or previously undiscovered infestations outside of treatment areas. The intent of the EDRR approach is to increase cost-effectiveness by treating new infestations when they are small so that the likelihood of adverse effects from treatment is minimized, and the invasives plants do less ecological damage. Under the EDRR approach, new sites would be evaluated to determine appropriate Project Design Criteria and to ensure that effects are within the scope of those already analyzed in the EIS. Responsible Official The Responsible Official is Karen Shimamoto, Fremont-Winema National Forests Supervisor. She may be contacted at Fremont-Winema Headquarters, 1301 South G Street, Lakeview, OR 97630. Nature of Decision To Be Made The Responsible Official will decide what type of methods and how they will be used to contain, control, or eradicate invasive plants on the Fremont-Winema National Forests. Scoping Process The public is asked to provide the responsible official with written comments describing their concerns about this project. Public meetings will be held during the spring or summer of 2007. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement. The comments most useful to developing or refining the proposed action would be site specific concerns and those that can help us develop treatments that would be responsive to our goal to control, contain, or eradicate invasive plants as well as being cost effective. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions ( *Vermont Yankee Nuclear Power Corp* . v. *NRDC* , 435 U.S. 519, 553 (1978)). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts ( *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: February 28, 2007. Karen Shimamoto, Forest Supervisor, Fremont-Winema National Forests. [FR Doc. 07-1053 Filed 3-6-07; 8:45 am]

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