Notices. Notice of closed meeting

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BILLING CODE 6351-01-M DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Chief of Naval Operations

(CNO)Executive Panel AGENCY: Department of the Navy, DoD. ACTION: Notice of closed meeting. SUMMARY: The CNO Executive Panel will report on the findings and recommendations of the Deterrence and Escalation Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of current and future Navy strategy, plans, and policies in support of U.S. deterrence planning, crisis management, and conflict escalation and control. DATES: The meeting will be held on April 10, 2007, from 10 a.m. to 12 p.m. ADDRESSES: The meeting will be held in the Boardroom in the CNA Corporation Building, 4825 Mark Center Drive, Alexandria, VA 22311. FOR FURTHER INFORMATION CONTACT: Mr. Kip Blecher, CNO Executive Panel, 4825 Mark Center Drive, Alexandria, VA 22311, 703-681-4909. SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2), these matters constitute classified information that is specifically authorized by Executive Order to be kept secret in the interest of national defense and are, in fact, properly classified pursuant to such Executive Order. Accordingly, the Secretary of the Navy has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in section 552b(c)(1) of title 5, United States Code. Dated: March 12, 2007. M.A. Harvison, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E7-5030 Filed 3-19-07; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF DEFENSE Department of the Navy Use of Binding Arbitration for Contract Controversies AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The Department of the Navy (DON), after consultation with the Attorney General as required by 5 U.S.C. 575(c), has adopted a policy that authorizes contracting officers to use binding arbitration procedures for issues in controversy arising under procurement contracts using appropriated and non-appropriated funds. FOR FURTHER INFORMATION CONTACT: John A. Dietrich, Assistant General Counsel (ADR), telephone 202-685-6990. SUPPLEMENTARY INFORMATION: The policy is contained in Secretary of the Navy Instruction 5800.15, “Use of Binding Arbitration for Contract Controversies,” and is available on *http://doni.daps.dla.mil/SECNAV.aspx* and *http://adr.navy.mil* . The instruction provides interpretive guidance regarding applicable statutes and regulates the internal affairs of the DON by granting authority to contracting officers to use binding arbitration for issues in controversy. Dated: March 12, 2007. M.A. Harvison, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E7-5031 Filed 3-19-07; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; Technology and Media Services for Individuals With Disabilities—Television Access; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2007 *Catalog of Federal Domestic Assistance

(CFDA)Number:* 84.327C. *Dates: Applications Available:* March 20, 2007. *Deadline for Transmittal of Applications:* May 4, 2007. *Deadline for Intergovernmental Review:* July 3, 2007. *Eligible Applicants:* State educational agencies (SEAs); local educational agencies (LEAs); public charter schools that are LEAs under State law; institutions of higher education (IHEs); other public agencies; private nonprofit organizations; outlying areas; freely associated States; Indian tribes or tribal organizations; and for-profit organizations. *Estimated Available Funds:* $2,500,000. The Assistant Secretary may use this priority for competitions in fiscal year

(1)Improve results for children with disabilities by promoting the development, demonstration, and use of technology,

(2)support educational media services activities designed to be of educational value in the classroom setting to children with disabilities, and

(3)provide support for captioning and video description that is appropriate for use in the classroom setting. *Priorities:* This competition contains one absolute priority and one competitive preference priority. In accordance with 34 CFR 75.105(b)(2)(iv) and (v), these priorities are from allowable activities specified in the statute, or otherwise authorized in the statute (see sections 674 and 681(d) of the Individuals with Disabilities Education Act (IDEA)). *Absolute Priority:* For FY 2007 this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority. This priority is: Technology and Media Services for Individuals With Disabilities—Television Access Background of Priority On July 21, 2000, the Federal Communications Commission

(FCC)adopted rules to make television more accessible to people with visual disabilities by mandating that a certain amount of programming contain video description. However, in November 2002, a Federal court struck down these rules. Thus, because FCC accessibility rules do not currently require video description, only a limited number of television programs provide video description for individuals with blindness or low vision. For more information about video description, please refer to: *http://www.fcc.gov/cgb/dro/video-description.html.* The FCC is also responsible for implementing and monitoring the closed captioning requirements of the Telecommunications Act of 1996. In that law, Congress authorized the FCC to adopt exemptions from general captioning requirements. For more information about closed captioning and the exemptions please refer to: *http://www.fcc.gov/cgb/consumerfacts/closedcaption.html.* Through the following priority, we intend to support projects that will provide video description and captioning of programming that is appropriate for use in the classroom setting for children with disabilities, thereby increasing these children's access to educational video programming. *Statement of Priority:* Under this priority, an applicant must describe, or describe and caption, widely available programs that are appropriate for use in the classroom setting for children with disabilities at the preschool, elementary, or secondary level. To meet the requirements of this priority, an application must—

(a)Include criteria for selecting programs of high educational value that take into account the preferences of educators, students, and parents.

(b)Identify the extent to which the programming to be video described or video described and captioned is widely available.

(c)Identify the total number of program hours the project will make accessible and the cost per hour for description and, if the applicant is proposing both description and captioning, the cost per hour for description and captioning.

(d)For each video program, identify the source of any private or other public support, and the projected dollar amount of that support, if any.

(e)Demonstrate the willingness of program providers or program owners to permit and facilitate the description or the description and captioning of their programs.

(f)Provide assurances from program providers or program owners stating that programs made accessible under this project will air, and will continue to air during the duration of the grant award, with descriptions or with descriptions and captions.

(g)If the applicant is proposing both description and captioning, provide assurances from program providers or program owners stating that programs captioned under this project would not otherwise be captioned to meet the FCC's captioning requirements, or are specifically exempt from the FCC's captioning requirements. In addition, projects funded under this priority must—

(a)Establish a consumer advisory group that includes parents and educators. This group must convene at least annually for the purpose of certifying that each program to be described or described and captioned with project funds is of high educational value and is appropriate for use in a preschool, elementary or secondary level classroom for children with disabilities, taking into account the educational needs of students, including intellectual/cognitive and social/emotional needs.

(b)Implement procedures for monitoring the extent to which full accessibility is provided, and use this information to make refinements in project operations.

(c)Identify the anticipated shelf-life and range of distribution of the video programs that is possible without further costs to the project.

(d)Budget for a three-day Project Directors' meeting in Washington, DC during each year of the project.

(e)If the project maintains a Web site, include relevant information and documents in a format that meets a government or industry-recognized standard for accessibility. *Competitive Preference Priority:* Within this absolute priority, we give competitive preference to applications that address the following priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 10 points to an application from a small business. Applicants must document their status as a small business according to the definition for their business category as provided by the Small Business Administration

(SBA)(for more information see SBA Web site at: *http://www.sba.gov/size/index.html).* *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act

(FY)2008 and later years. *Estimated Average Size of Awards:* $500,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $500,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 5. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:* SEAs; LEAs; public charter schools that are LEAs under State law; IHEs; other public agencies; private nonprofit organizations; outlying areas; freely associated States; Indian tribes or tribal organizations; and for-profit organizations. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching. 3. *Other: General Requirements* —

(a)The projects funded under this competition must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

(b)Applicants and grant recipients funded under this competition must involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the projects (see section 682(a)(1)(A) of IDEA). IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX:

(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. You may also contact ED Pubs at its Web site: *http://www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA Number 84.327C. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 50 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; the one-page abstract, the resumes, the bibliography, the references, or the letters of support. However, you must include all of the application narrative in Part III. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* March 20, 2007. *Deadline for Transmittal of Applications:* May 4, 2007. Applications for grants under this competition may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT . *Deadline for Intergovernmental Review:* July 3, 2007. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. Television Access-CFDA Number 84.327C, is included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Television Access-CFDA Number 84.327C competition at: *http://www.Grants.gov.* You must search for the downloadable application package for this program or competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.326, not 84.326A). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR); and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.327C), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.327C), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark.

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3)A dated shipping label, invoice, or receipt from a commercial carrier.

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark.

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.327C), 550 12th Street, SW., Room 7041, Potomac Center Plaza,Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—

(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 and are listed in the application package. 2. *Treating a Priority as Two Separate Competitions:* In the past, there have been problems in finding peer reviewers without conflicts of interest for competitions in which many entities throughout the country submit applications. The Standing Panel requirements under IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that, for some discretionary priorities, applications may be separated into two or more groups and ranked and selected for funding within the specific group. This procedure will ensure the availability of a much larger group of reviewers without conflicts of interest. It also will increase the quality, independence and fairness of the review process and permit panel members to review applications under discretionary priorities for which they have also submitted applications. However, if the Department decides to select for funding an equal number of applications in each group, this may result in different cut-off points for fundable applications in each group. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* Grantees will be expected to submit data on total number of hours of programs captioned or described in the aggregate. No additional data collection or review activities are planned. VII. Agency Contact *For Further Information Contact:* Jo Ann McCann, U.S. Department of Education, 400 Maryland Avenue, SW., Room 4067, Potomac Center Plaza, Washington, DC 20202-2550. Telephone:

(202)245-7434. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request by contacting the following office: The Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center Plaza, Washington, DC 20202-2550. Telephone:

(202)245-7363. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: March 15, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-5047 Filed 3-19-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities—Center on Response To Intervention; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2007 *Catalog of Federal Domestic Assistance

(CFDA)Number:* 84.326E. *Dates: Applications Available:* March 20, 2007. *Deadline for Transmittal of Applications:* May 4, 2007. *Deadline for Intergovernmental Review:* July 3, 2007. *Eligible Applicants:* State educational agencies (SEAs), local educational agencies (LEAs), public charter schools that are LEAs under State law, institutions of higher education (IHEs), other public agencies, private nonprofit organizations, outlying areas, freely associated States, Indian tribes or tribal organizations, and for-profit organizations. *Estimated Available Funds:* $2,830,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $2,830,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . *Number of Awards:* 1. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* This program promotes academic achievement and improves results for children with disabilities by supporting technical assistance, model demonstration projects, dissemination of useful information, and implementation activities that are supported by scientifically-based research. *Priority:* In accordance with 34 CFR 75.105(b)(2)(v), this priority is from allowable activities specified in the statute (see sections 663 and 681(d) of the Individuals with Disabilities Education Act (IDEA)). *Absolute Priority:* For FY 2007 this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority. This priority is: Center on Response to Intervention Background Response to Intervention

(RTI)involves maximizing student achievement by monitoring student progress to make data-based instructional decisions for students. While RTI varies in its methodologies, a common model is based on implementation of universal, secondary, and tertiary interventions (Kamps & Greenwood, 2005; Fuchs & Fuchs, 2006; Vaughn, 2003). Universal interventions involve providing high quality core instruction to students in regular education classrooms. Secondary interventions involve more intensive small group instruction, and tertiary interventions are even more intensive and are often provided by an interventionist or special educator. One of the many benefits of RTI is early identification of students who experience academic or behavioral difficulties. Experts in the field have reached consensus regarding the need to identify children with academic and behavioral difficulties at an early age. Early intervention with these students can either eliminate the need for special education or at least reduce the intensity of the services required. A National Research Council

(NRC)report (Donovan & Cross, 2002) confirmed that intervening early, specifically in reading and behavior management, is associated with reduced placement rates of students in special education programs. Specifically, it was found that placement rates in special education were lower in schools where effective reading programs or strong classroom management programs existed than in schools where such programs did not exist. The report concluded that the effectiveness of early intervention was greater than the cumulative effectiveness of interventions provided to students after they had experienced years of failure. RTI is currently being used and investigated in regular and special education classrooms and is demonstrating promise as a means for early identification of children with disabilities, particularly specific learning disabilities (SLD), as well as students who are at risk of either or both academic or behavioral disabilities (Kamps & Greenwood, 2005; Fuchs & Fuchs, 2006; Vaughn, 2003). RTI also holds promise for children from some racial and ethnic backgrounds who are not progressing in the general education curriculum. Data from the National Assessment of Educational Progress

(NAEP)indicate that students from certain racial and ethnic backgrounds continue to lag behind other students in English, math, and science (Lee, 2006). Over time, the disparity in progress may lead to over-identification or disproportionate representation of this group of students for special education services (Donovan & Cross, 2002). Preliminary data indicate that RTI may reduce the number of instances of inappropriately identified students who are from certain racial or ethnic backgrounds or who are limited-English proficient for special education services (Kamps & Greenwood, 2005; Kamps, Wills, Greenwood, Thorne, Lazo, Crockett, McGonigle, & Swaggart, 2003). The 2004 amendments to IDEA amended section 613(f) to allow local educational agencies

(LEAs)to use up to 15 percent of their Part B funding for early intervening services to support students who struggle academically or behaviorally in a general education environment, but who have not been identified for special education. Additionally, LEAs that significantly over-identify children from particular racial or ethnic backgrounds for special education services must use the maximum amount of their IDEA funding available for early intervening services to provide comprehensive, coordinated early intervening services to children, particularly children in groups that were significantly over-identified (see section 618(d)(2)(B) of IDEA). Amendments made to IDEA by the Individuals with Disabilities Education Improvement Act of 2004 also explicitly authorize the use of response to scientifically-based research interventions to identify students with SLD. The amendments removed a requirement to find discrepancies between achievement and intellectual ability before identifying a student as having SLD. This requirement often precluded early identification of children in need of special education. References Donovan, S. & Cross, C. (2002). *Minority students in special and gifted education.* Washington, D.C.: National Academy Press. Fuchs, D. & Fuchs, L.S. (2006). Introduction to response to intervention: What, why, and how valid is it? *Reading Research Quarterly* , 41, 92-99. Kamps, D., & Greenwood, C. R. (2005). Formulating secondary-level reading interventions. *Journal of Learning Disabilities* , 38, 500-509. Kamps, D., Wills, H., Greenwood, C., Thorne, S., Lazo, J., Crockett, J., McGonigle, J., & Swaggart, B. (2003). Curriculum influences on growth in early reading fluency for students with academic and behavioral risks: A descriptive study. *Journal of Emotional and Behavioral Disorders* , 11, 211-224. Lee, J. (2006). *Tracking Achievement Gaps and Assessing the Impact of NCLB on the Gaps: An In-depth Look into National and State Reading and Math Outcome Trends.* Retrieved June 27, 2006, from The Civil Rights Project Harvard University Web site: *http://www.civilrightsproject.harvard.edu/research/esea/nclb_naep_lee.pdf.* Vaughn, S. (2003). *How many tiers are needed for response to intervention to achieve acceptable prevention outcomes.* Retrieved May 14, 2006, from The National Research Center on Learning Disabilities Web site: *http://www.nrcld.org/symposium2003/vaughn/vaughn.pdf.* Priority The Assistant Secretary establishes an absolute priority for a Center on Response to Intervention (Center) to

(a)identify, adapt, evaluate, and scale-up RTI models for identifying and serving children with disabilities, particularly SLD;

(b)provide technical assistance and disseminate information to SEAs and LEAs to implement comprehensive RTI programs in LEAs and schools; and

(c)disseminate information on RTI to parents, service providers, policymakers, and others. SEAs must be the primary targets for the technical assistance activities of the Center. The Center must support States to help them develop the capacity to provide technical assistance to LEAs. Demonstrated Expertise of Key Staff To be considered for funding under this priority, an applicant must demonstrate that key staff responsible for fulfilling the activities of the Center have expertise in

(a)scientifically-based research practices associated with SLD identification;

(b)the use and implementation of RTI and all its components, including screening, progress monitoring, data-based decision-making, procedural safeguards, and multi-tiered interventions; and

(c)issues related to disproportionate representation of children based on race or ethnicity. Expertise in these areas may be demonstrated by having refereed publications on respective topics. An applicant may use a team-based approach across sites to capitalize on the knowledge, experience, and qualifications of various key staff who will be responsible for providing technical assistance and disseminating information to SEAs and LEAs. The Assistant Secretary anticipates that this Center will build on the expertise and resources of previously and currently supported Department of Education technical assistance centers, such as the National Research Center on Learning Disabilities (NRCLD), the National Center on Student Progress Monitoring (NCSPM), the Research Institute on Progress Monitoring (RIPM), the National Center for Culturally Responsive Educational Systems (NCCRESt), the Center on Instruction (COI), the Access Center, and the Individuals with Disabilities Education Act 2004-Research for Inclusive Settings

(IRIS)Center. Requirements To meet the requirements of this priority, the Center, at a minimum, must—

(a)Identify, adapt, evaluate, and scale up evidence-based, school-wide RTI models that identify and serve children with disabilities, particularly SLD, and children at risk of developing a disability, to use as a basis for providing technical assistance to SEAs and LEAs. These models also must be evaluated on the extent to which the models reduce over-identification for special education services based on race or ethnicity and of students who are limited-English proficient;

(b)Assist SEAs in developing the capacity to support local implementation of RTI models that provide comprehensive, coordinated early intervening services to students who are experiencing either or both academic or behavioral difficulties, especially in LEAs that are required to provide early intervening services because of significant disproportionality of students based on race or ethnicity;

(c)Provide technical assistance and disseminate information to SEAs and LEAs on implementing scientifically-based practices for using RTI to improve instruction for all students and identify students with SLD;

(d)Assist SEAs to provide technical assistance to enable LEAs to provide comprehensive, coordinated early intervening services, such as RTI, particularly to LEAs that are required to provide early intervening services because of significant disproportionality of students based on race or ethnicity required under section 618(d) of IDEA;

(e)Communicate, coordinate, and collaborate with the NRCLD, NCSPM, COI, RIPM, NCCRESt, Access Center, IRIS, and progress monitoring model demonstration projects funded under the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities program to summarize and proactively disseminate reports and documents on research findings and related topics to inform policy and practice related to RTI, including early intervening services to decrease over-identification or disproportionate representation in special education of students based on race or ethnicity;

(f)Communicate, coordinate, and collaborate with the appropriate OSEP-funded centers identified in this priority to develop and disseminate information on RTI, progress monitoring, secondary and tertiary educational and behavioral interventions, and other pertinent matters;

(g)Communicate, coordinate, and collaborate with appropriate OSEP-funded centers identified in this priority to develop and disseminate information for professional development on scientifically-based models of RTI that include progress monitoring for teachers and other school staff;

(h)Conduct national and regional meetings, in collaboration with other centers, to assist SEAs and LEAs in implementing RTI models to provide early intervening services, especially in LEAs with significant disproportionality, and to identify children with SLD;

(i)Coordinate with the NRCLD, NCSPM, RIPM, NCCRESt, and Access Center as these projects end to transfer their key responsibilities to the Center and integrate the content from their Web sites to the Center's Web site;

(j)Maintain communication and collaboration with other technical assistance centers and organizations, e.g., Regional Comprehensive Centers, NCLB-IDEA Partnership Project, Regional Resource Centers, and Federal Resource Center, National Association of State Directors of Special Education, Council of Chief State School Officers, Council for Exceptional Children, 100 Black Men of America, National Association for Bilingual Education, and others as appropriate;

(k)Provide funding to at least two graduate or doctoral level students who have concentrations in special education, learning disabilities, or other related areas that have been approved by the Office of Special Education Programs

(OSEP)to assist with project related activities; and

(l)Address the needs for information on RTI for all stakeholders including parents, service providers, policy makers, and administrators at the national, State, and local levels through dissemination activities that include the maintenance of a Web site. This Web site must be maintained in a format that meets a government or industry recognized standard for accessibility. Additional Requirements The Center also must—

(1)Establish, maintain, and meet at least annually with an advisory committee consisting of representatives of SEAs, LEAs, individuals with disabilities, parents, educators, professional organizations and advocacy groups, researchers, and other appropriate groups to review and advise on the Center's activities and plans. The committee must include membership that represents urban schools. The final advisory committee will be jointly selected by OSEP and the Center;

(2)Budget annually for attendance at a three-day Project Director's meeting in Washington, DC and for a two-day trip to Washington, DC to attend an additional Project Director's meeting and to meet and collaborate with the OSEP Project Officer and other funded projects for purposes of cross-project collaboration and information exchange;

(3)Budget for at least a monthly trip to attend appropriate meetings convened by the Department of Education and other centers and organizations; and

(4)Budget five percent of the grant amount annually to support emerging needs as identified jointly through consultation with the OSEP Project Officer. *Fourth and Fifth Years of Project:* In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a) and in addition—

(a)The recommendation of a review team consisting of experts selected by the Secretary. This review team will convene in Washington, DC during the last half of the project's second year. Projects must budget for travel expenses associated with this one-day intensive review;

(b)The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been or are being met by the Center; and

(c)Evidence of the degree to which the Center's activities have contributed to changed practices and improved outcomes for children with disabilities and children at risk of developing a disability. *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act

(APA)(5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities. However, section 681(d) of IDEA makes the public comment requirements under the APA inapplicable to the priority in this notice. *Program Authority:* 20 U.S.C. 1463 and 1481(d). *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to IHEs only. II. Award Information *Type of Award:* Cooperative agreement. *Estimated Available Funds:* $2,830,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $2,830,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . *Number of Awards:* 1. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. III. Eligibility Information 1. *Eligible Applicants:* SEAs, LEAs, public charter schools that are LEAs under State law, IHEs, other public agencies, private nonprofit organizations, outlying areas, freely associated States, Indian tribes or tribal organizations, and for-profit organizations. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching. 3. *Other: General Requirements* —(a) The projects funded under this competition must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

(b)Applicants and grant recipients funded under this competition must involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of IDEA). IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX:

(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. You may also contact ED Pubs at its Web site: *http://www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA Number 84.326E. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 70 pages, using the following standards: • A “page” is 8.5” x 11” (on one side only), with 1” margins (top, bottom, and sides). • Double-space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a proportional font that is 12-point or larger, or a font that is no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, references, or the letters of support. However, you must include all of the application narrative in Part III. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* March 20, 2007. *Deadline for Transmittal of Applications:* May 4, 2007. Applications for grants under this competition may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under *For Further Information Contact* . *Deadline for Intergovernmental Review:* July 3, 2007. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Center on Response to Intervention, CFDA Number 84.326E, is included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Center on Response to Intervention at: *http://www.Grants.gov.* You must search for the downloadable application package for this program or competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.326, not 84.326E). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete the steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR); and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of System Technical Issues with the Grant.Gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed elsewhere in this notice under For Further Information Contact and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.326E), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.326E), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark.

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3)A dated shipping label, invoice, or receipt from a commercial carrier.

(1)A private metered postmark.

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.326E), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 and are listed in the application package. 2. *Treating A Priority As Two Separate Competitions:* In the past, there have been problems in finding peer reviewers without conflicts of interest for competitions in which many entities throughout the country submit applications. The Standing Panel requirements under IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that, for some discretionary competitions, applications may be separated into two or more groups and ranked and selected for funding within the specific group. This procedure will ensure the availability of a much larger group of reviewers without conflicts of interest. It also will increase the quality, independence and fairness of the review process and permit panel members to review applications under discretionary competitions for which they also have submitted applications. However, if the Department decides to select for funding an equal number of applications in each group, this may result in different cut-off points for fundable applications in each group. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* Under the Government Performance and Results Act of 1993 (GPRA), the Department has developed measures that will yield information on various aspects of the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities program. These measures, which will be used for this competition, focus on: The extent to which projects provide high quality products and services, the relevance of project products and services to educational and early intervention policy and practice, and the use of products and services to improve educational and early intervention policy and practice. Grantees will be required to provide information related to these measures. Grantees also will be required to report information on their projects' performance in annual reports to the Department (34 CFR 75.590). VII. Agency Contact *For Further Information Contact:* Grace Zamora Duran, Ed.D., U.S. Department of Education, 400 Maryland Avenue, SW., room 4088, Potomac Center Plaza, Washington, DC 20202-2550. Telephone:

(202)245-7328. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request by contacting the following office: The Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center Plaza, Washington, DC 20202-2550. Telephone:

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: March 15, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-5048 Filed 3-19-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-301-152] ANR Pipeline Company; Notice of Compliance Filing March 14, 2007. Take notice that on March 9, 2007 subject to Section 4 of the Natural Gas Act

(NGA)and Part 154 of the Regulations of the Commission, and the Offer of Settlement, Stipulation and Agreement (“Settlement”) approved in the above-referenced docket, ANR Pipeline Company (ANR), tendered for filing and approval, copies of Twelfth Revised Sheet No. 190A to include in its Tariff to become effective April 1, 2007. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Philis J. Posey, Acting Secretary. [FR Doc. E7-5020 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-501-000] Birchwood Power Partners, L.P.; Notice of Issuance of Order March 14, 2007. Birchwood Power Partners, L.P. (Birchwood) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Birchwood also requested waivers of various Commission regulations. In particular, Birchwood requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Birchwood. On March 13, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34. The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approvals of issuances of securities or assumptions of liability by Birchwood should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest is April 12, 2007. Absent a request to be heard in opposition by the deadline above, Birchwood is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Birchwood, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Birchwood's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Philis J. Posey, Acting Secretary. [FR Doc. E7-5012 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-514-000] G&G Energy, LLC; Notice of Issuance of Order March 14, 2007. G&G Energy, LLC (G&G) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy and capacity at market-based rates. G&G also requested waivers of various Commission regulations. In particular, G&G requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by G&G. On March 13, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34. The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approvals of issuances of securities or assumptions of liability by G&G should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest is April 12, 2007. Absent a request to be heard in opposition by the deadline above, G&G is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of G&G, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of G&G's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Philis J. Posey, Acting Secretary. [FR Doc. E7-5014 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-320-072] Gulf South Pipeline Company, LP; Notice of Negotiated Rate Filing March 14, 2007. Take notice that on March 9, 2007, Gulf South Pipeline Company, LP (Gulf South) filed with the Commission an amendment to a negotiated rate letter agreement between Gulf South and Atmos to correct the agreement's expiration date. Gulf South states that copies of the filing has served copies of this filing upon all parties on the official service list. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Philis J. Posey, Acting Secretary. [FR Doc. E7-5019 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-345-000] Northern Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff March 14, 2007. Take notice that on March 9, 2007, Northern Natural Gas Company (Northern), tendered for filing in its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets, with an effective date of April 9, 2007: Twelfth Revised Sheet No. 252 Sixth Revised Sheet No. 253 Northern further states that copies of the filing have been mailed to each of its customers and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Philis J. Posey, Acting Secretary. [FR Doc. E7-5018 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-100-000] Northwest Pipeline Corporation; Notice of Request Under Blanket Authorization March 14, 2007. Take notice that on March 8, 2007, Northwest Pipeline Corporation (Northwest), 295 Chipeta Way, Salt Lake City, Utah 84158, filed in Docket No. CP07-100-000, a prior notice request pursuant to sections 157.205 and 157.208 of the Federal Energy Regulatory Commission's regulations under the Natural Gas Act for authorization of the Windy Creek pipeline replacement and lowering project on Northwest's Eugene to Grants Pass Lateral, located in Douglas County, Oregon, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,

(886)208-3676 or TYY,

(202)502-8659. Specifically, Northwest proposes to replace approximately 100 feet of existing 10-inch diameter pipeline with approximately 100 feet of new 10-inch diameter pipeline. Northwest states that the new pipeline segment will be installed at a lower depth in Northwest's existing right-of-way and the existing pipeline segment will be abandoned by removal. Northwest asserts that the section of the lateral has become partially exposed by erosion within the banks of Windy Creek, making a replacement necessary to maintain safety and integrity of the lateral. Northwest estimates the cost of the project to be approximately $300,000. Any questions regarding the application should be directed to Gary K. Kotter, Manager, Certificates and Tariffs, Northwest Pipeline Corporation, P.O. Box 58900, Salt Lake City, Utah 84158-0900, or call at

(801)584-7117. Any person or the Commission's Staff may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and, pursuant to § 157.205 of the Commission's Regulations under the Natural Gas Act

(NGA)(18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to Section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. Philis J. Posey, Acting Secretary. [FR Doc. E7-5010 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP01-245-022] Transcontinental Gas Pipe Line Corporation; Notice of Compliance Filing March 14, 2007. Take notice that on March 9, 2007, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume NO. 1, the tariff sheets listed on Appendix A to the filing, with the proposed effective date of the tariff sheets are March 1, 2007 and April 1, 2007. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Philis J. Posey, Acting Secretary. [FR Doc. E7-5016 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-344-000] Transcontinental Gas Pipe Line Corporation; Notice of Tariff Filing March 14, 2007. Take notice that on March 9, 2007, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Fourth Revised Sheet No. 134 and Sixth Revised Sheet No. 135F, to be effective April 8, 2007. Transco states that the purpose of the instant filing is to update the lists of Buyers in Section 9 of Rate Schedule WSS and Section 8.2 of Rate Schedule WSS-Open Access. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Philis J. Posey, Acting Secretary. [FR Doc. E7-5017 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Issuance of Order March 14, 2007. Twin Buttes Wind LLC (Docket Nos. ER07-240-000, ER07-240-001 and ER07-240-002); MinnDakota Wind LLC (Docket Nos. ER07-242-000, ER07-242-001, and ER07-242-002); Klondike Wind Power III, LLC (Docket Nos. ER07-287-000 and ER07-287-001) Twin Buttes Wind, LLC, MinnDakota Wind LLC and Klondike Wind Power III LLC (collectively, the “Applicants”) filed applications for market-based rate authority, with an accompanying tariffs. The proposed market-based rate tariffs provide for the sale of energy, capacity and ancillary services at market-based rates. The Applicants also requested waivers of various Commission regulations. In particular, the Applicants requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by the Applicants. On March 13, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34. The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approvals of issuances of securities or assumptions of liability by the Applicants should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest is April 12, 2007. Absent a request to be heard in opposition by the deadline above, the Applicants are authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of the Applicants, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of the Applicants' issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Philis J. Posey, Acting Secretary. [FR Doc. E7-5011 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions to Intervene, and Protests March 14, 2007. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No:* 2628-056. c. *Date Filed:* March 5, 2007. d. *Applicant:* Alabama Power Company. e. *Name of Project:* R. L. Harris Dam. f. *Location:* The project is located on the Tallapoosa River in Clay and Randolph County, Alabama. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a) 825(r) and 799 and 801. h. *Applicant Contact:* Mr. Keith E. Bryant, 600 18th Street North, Birmingham, AL 35203,

(205)257-1403. i. *FERC Contacts:* Any questions on this notice should be addressed to Ms. Shana High at

(202)502-8674, or e-mail address: *shana.high@ferc.gov.* j. *Deadline for filing comments and or motions:* April 13, 2007. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-2628-056) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the *“e-Filing” link.* The Commission strongly encourages e-filings. k. *Description of Request:* Alabama Power Company is requesting Commission approval to authorize Chimney Cove on Lake Wedowee to construct a fishing pier, boat docks, a boardwalk, and additional seawall for use by residents of the Chimney Cove community. Specific proposed facilities include: six floating dock structures with 12 boat slips each, one floating dock with ten boat slips, two seawalls, in addition to an existing seawall, totaling 1,282 feet, and a boardwalk along the seawall. l. *Locations of the Application:* A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE, Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* for TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, 385.214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Philis J. Posey, Acting Secretary. [FR Doc. E7-5015 Filed 3-19-07; 8:45 am] BILLING CODE 6717-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 13, 2007. **A. Federal Reserve Bank of New York** (Anne McEwen, Financial Specialist) 33 Liberty Street, New York, New York 10045-0001: *1. The Bank of New York Mellon Corporation* , New York, New York; to become a bank holding company by acquiring and merging with The Bank of New York Company, Inc., New York, New York, and thereby indirectly acquire The Bank of New York, New York, New York; B.N.Y. Holdings (Delaware) Corporation, Newark, Delaware; The Bank of New York (Delaware), Newark, Delaware; Mellon Financial Corporation, Pittsburgh, Pennsylvania; Mellon Bank, N.A., Pittsburgh, Pennsylvania; Mellon United National Bank, Miami, Florida; Mellon 1st Business Bank, National Association, Los Angeles, California; and Mellon Trust of New England, N.A., Boston, Massachusetts. **B. Federal Reserve Bank of Chicago** (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. 1st Source Corporation* , South Bend, Indiana; to acquire 100 percent of the voting shares of FINA Bancorp, Inc., Valparaiso, Indiana, and thereby indirectly acquire First National Bank of Valparaiso, Valparaiso, Indiana. **C. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Belvedere SoCal* , San Francisco, California; to become a bank holding company by acquiring 100 percent of the voting shares of Professional Business Bank, Pasadena, California. In connection with this application, Belvedere Capital Partners II, LLC, and Belvedere Capital Fund II, LP, San Francisco, California, will indirectly acquire up to 58 percent of the voting shares of Professional Business Bank, Pasadena, California. Board of Governors of the Federal Reserve System, March 14, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-4980 Filed 3-19-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 3, 2007. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. PSB Holding Corp.* , Preston, Maryland; to engage *de novo* through its subsidiary, Community Bank Mortgage Corporation, Easton, Maryland, in the origination and sale of residential mortgage loans to the secondary market, pursuant to section 225.28(b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, March 14, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc.E7-4981 Filed 3-19-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Assistant Secretary for Preparedness and Response; HHS Public Health Emergency Medical Countermeasures Enterprise Strategy for Chemical, Biological, Radiological and Nuclear Threats AGENCY: Office of the Assistant Secretary for Preparedness and Response, Department of Health and Human Services. ACTION: Notice. SUMMARY: The United States faces serious public health threats from the deliberate use of weapons of mass destruction (WMD)—chemical, biological, radiological, or nuclear (CBRN)—by hostile States or terrorists, and from naturally emerging infectious diseases that have a potential to cause illness on a scale that could adversely impact national security. Effective strategies to prevent, mitigate, and treat the consequences of CBRN threats is an integral component of our national security strategy. To that end, the United States must be able to rapidly develop, stockpile, and deploy effective medical countermeasures to protect the American people. This *HHS Public Health Emergency Medical Countermeasures Enterprise Strategy (HHS PHEMCE Strategy)* establishes the goals and objectives that HHS will employ to ensure that medical countermeasures are available for effective use against the highest priority CBRN threats facing the Nation. The *HHS PHEMCE Strategy* considers the full spectrum of medical countermeasures-related activities, including research, development, acquisition, storage/maintenance, deployment, and utilization. The *HHS PHEMCE Strategy* is consistent with the President's *Biodefense for the 21st Century* and aligned with the National Strategy for *Medical Countermeasures against Weapons of Mass Destruction.* DATES: This notice is effective as of March 14, 2007. FOR FURTHER INFORMATION CONTACT: Dr. Susan Coller, Policy Analyst, Office of Public Health Emergency Medical Countermeasures, Office of the Assistant Secretary for Preparedness and Response at 330 Independence Ave., SW., Room G640, Washington, DC 20201 or by phone: 202-260-1200. Introduction The United States faces serious public health threats from the deliberate use of chemical, biological, radiological, or nuclear

(CBRN)weapons of mass destruction

(WMD)by hostile states or terrorists, and from naturally emerging infectious diseases that have the potential to cause illness on a scale that could adversely impact national security. The type and magnitude of both CBRN and naturally-occurring threats are evolving. Chemical exposures can result from accidents as well as deliberate releases. Advances in biotechnology support the development of new medical treatments, but also make those same tools more widely available to adversaries who might use them to modify biological organisms with the intention to inflict harm. New diseases, like Severe Acute Respiratory Syndrome (SARS), emerge; and regionally endemic diseases, like West Nile Fever and Rift Valley Fever, are introduced into susceptible populations. Nuclear technologies may proliferate despite international efforts to contain them. A failure to anticipate these threats or the lack of a capacity to effectively prevent them could leave an untold number of Americans dead or permanently disabled. The United States must be able to effectively develop, stockpile, and rapidly deploy critical medical countermeasures to prevent, mitigate, and treat the adverse health consequences of threats both natural and manmade. Given the diverse and dynamic nature of these threats, and the expense and time required to develop threat agent-specific medical countermeasures, a strategy must be developed that prioritizes investment and optimizes the ability to protect the Nation. The Role of the Department of Health and Human Services in Public Health Preparedness Within the Federal government, the Department of Health and Human Services

(HHS)leads the research, development, acquisition, deployment, and use of effective medical countermeasures to protect the civilian population from WMD. This key role was identified in the *National Strategy to Combat Weapons of Mass Destruction,* 1 *Biodefense for the 21st Century,* 2 and the National Strategy for *Medical Countermeasures against Weapons of Mass Destruction,* 3 which together are the President's blueprint for addressing the Nation's CBRN defense programs. 1 *http://www.whitehouse.gov/news /releases/2002/12/WMDStrategy.pdf.* 2 *http://www.whitehouse.gov/homeland/20040430.html.* 3 *http://www.whitehouse.gov/news/ releases/2007/02/20070207-2.html.* Within HHS, multiple operating and staff divisions work together to develop and implement strategies to prevent and control disease, injury, illness, and disability from terrorist threats and naturally-occurring diseases capable of negatively impacting Government and social systems. In July 2006, HHS created the Public Health Emergency Medical Countermeasures Enterprise (PHEMCE). 4 The PHEMCE is a coordinated, intra-agency effort led by the Office of the Assistant Secretary for Preparedness and Response 5

(ASPR)and includes three HHS internal agencies: the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration (FDA), and the National Institutes of Health (NIH). The mission of the PHEMCE is to:

(1)Define and prioritize requirements for public health emergency medical countermeasures;

(2)integrate and coordinate research, early and late stage product development, and procurement activities addressing the requirements; and

(3)set deployment and use strategies for medical countermeasures held in the Strategic National Stockpile (SNS). 4 **Federal Register** , Vol. 71, No. 129, Thursday, July 6, 2006, Notices. 5 Formerly the Office of Public Health Emergency Preparedness; changed to reflect the Pandemic and All-Hazards Preparedness Act enacted on December 19, 2006 (P.L. 109-417). Many resources throughout HHS have already been coordinated in support of medical countermeasure preparedness. Funding support by the NIH for basic research, product development, and clinical research of CBRN medical countermeasures has grown from $53 million in Fiscal Year 2001

(FY01)to $1.8 billion in FY06. Funding for the SNS similarly has grown from $52 million in FY01 to $530 million in FY06. Furthermore, on July 21, 2004, President George W. Bush signed into law the Project BioShield Act of 2004 (Project BioShield). 6 The purpose of Project BioShield is to accelerate the research, development, acquisition, and availability—including through use of the Emergency Use Authorization (EUA)—of safe and effective medical countermeasures to protect the United States from CBRN threats. Project BioShield created a $5.6 billion special reserve fund for use over 10 years (FY04—FY13) to acquire these medical countermeasures. 6 *http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_ cong_public_laws&docid=f:publ090.108.pdf.* During its first two years of implementation, Project BioShield acquisitions were guided by requirements derived from interagency deliberations in 2003 that involved Cabinet-level Departments and the Executive Office of the President. Under this initial strategy, HHS pursued acquisitions for those highest priority threats for which there were candidate products at relatively advanced stages of development. These products included medical countermeasures for anthrax, smallpox, botulinum toxins, and radiological/nuclear agents 7 —the four threat agents initially determined by the Department of Homeland Security

(DHS)to pose a material threat to national security. 8 The relatively advanced nature of the products pursued resulted from years of earlier investment made in large part by NIH and the Department of Defense (DOD). 7 To date, contracts have been awarded using the Project BioShield special reserve fund for the purchase of anthrax therapeutics, anthrax vaccines, botulism antitoxin, a pediatric formulation of potassium iodide (a drug that blocks absorption of radioactive iodide in the thyroid gland), and Calcium- and Zinc-DTPA (two forms of a decorporation agent to remove transuranic radionuclides from the body). The SNS also contains enough smallpox vaccine to protect every American, antibiotics for anthrax, adult (tablet) formulations of potassium iodide, the decorporation agent Prussian Blue, and additional supplies for treating the burn and blast injuries that could be associated with a nuclear event. 8 The Project BioShield Act of 2004 requires the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the heads of other agencies, as appropriate, to determine which current and emerging CBRN threats present a material threat against the United States population sufficient to affect national security. In addition to the achievements made to date, more can and must be done. The National Strategy for *Medical Countermeasures against Weapons of Mass Destruction* provides guiding principles to align United States Government

(USG)programs and funding mechanisms that support the research, development, acquisition, deployment, and utilization of medical countermeasures for current and future CBRN threats. In accordance with the National Strategy, HHS will continue its commitment to shape and execute a focused medical countermeasures program to protect the Nation's citizens against high priority CBRN threats where medical countermeasures can have the greatest impact. The NIH will continue its existing research and development efforts to identify medical countermeasures for known as well as emerging diseases. HHS will use the Biomedical Advanced Research and Development Authority (BARDA) in the Pandemic and All-Hazards Preparedness Act (Pub. L. 109-417) to provide direct investment in medical countermeasure advanced research and development. Finally, HHS will use the Project BioShield special reserve fund and the Strategic National Stockpile resources to acquire, store, maintain and deploy top priority medical countermeasures. Medical Countermeasure Preparedness For CBRN Threats: A Two-Stage Approach To fulfill the mission of the ASPR to lead the Nation in preventing, preparing for, and responding to the adverse health effects of public health emergencies and disasters, HHS through the PHEMCE is undertaking a two-stage approach to planning that aims to solicit stakeholder input and to efficiently integrate the requirements for, and the advanced development and acquisition of, medical countermeasures for priority CBRN threat agents. Stage One The first stage is development of this *Public Health Emergency Medical Countermeasures Enterprise Strategy* 9 10 ( *HHS PHEMCE Strategy* ). The *HHS PHEMCE Strategy* establishes the goals and objectives that HHS will employ to ensure that the most appropriate medical countermeasures are developed and acquired for use against the highest priority CBRN threats facing the Nation. This *HHS PHEMCE Strategy* considers the full spectrum of medical countermeasures-related activities, including research, development, acquisition, storage/maintenance, deployment, and utilization. 9 A draft of this *HHS PHEMCE Strategy* was published in the **Federal Register** on September 8, 2006, for public comment and was presented and discussed at the 2006 BioShield Stakeholders Workshop on September 25-26, 2006. The *HHS PHEMCE Strategy* reflects input received from the stakeholders representing industry, academia, other non-governmental organizations, and State, local, and Federal governments. Additional information on the Workshop is available at *www.hhs.gov/aspr/ophemc/bioshield/workshop.html.* 10 This *HHS PHEMCE Strategy* excludes pandemic influenza, which is addressed in the *HHS Pandemic Influenza Plan,* a blueprint for pandemic influenza preparation and response that provides guidance to Federal, State, and local policy makers and health departments. The *HHS Pandemic Influenza Plan* includes an overview of the threat of pandemic influenza, a description of the relationship of the *HHS Pandemic Influenza Plan* to other Federal plans, and an outline of key roles and responsibilities during a pandemic. It is aligned with the *National Strategy for Pandemic Influenza,* issued by President George W. Bush on November 1, 2005, and the *Implementation Plan for the National Strategy for Pandemic Influenza,* which guides the Nation's preparedness and response to an influenza pandemic.[0] Additional information is available at *www.pandemicflu.gov.* Stage Two The second stage in this process is the development of the *HHS PHEMCE Implementation Plan.* This document, to be published in early 2007, will outline the medical countermeasure programs that reflect threat priorities, threat agent characteristics, medical/public health consequence assessments, and the likelihood that effective medical and public health intervention will prevent and mitigate adverse health consequences. The *HHS PHEMCE Implementation Plan* will incorporate valuable lessons learned from the initial implementation of Project BioShield; consider new authorities made available in the Pandemic and All-Hazards Preparedness Act; and outline HHS near-, mid- and long-term goals for research, development, and acquisition of medical countermeasures, consistent with the goals defined in this *HHS PHEMCE Strategy.* The *HHS Implementation Plan* will be reviewed at least biennially and revised to reflect changes in the threat scope and the availability of new or improved countermeasures. While ASPR leads the execution of the *HHS PHEMCE Implementation Plan,* HHS recognizes that developing, acquiring, and utilizing medical countermeasures to prepare for and respond to CBRN events will require significant resources and unprecedented cooperation among many stakeholders, including Federal counterparts outside HHS, 11 private industry (domestic and international), State and local governments, frontline first responders and healthcare workers, academia, and the public. 11 Partners include Department of Defense (DOD), Department of Homeland Security (DHS), Department of Labor (DOL), Department of Transportation (DOT), Department of State (DOS), Department of Veterans Affairs (DVA), Department of Energy (DOE), and Department of Agriculture (USDA). Four Strategic Goals To address the challenges presented by the diverse CBRN threat spectrum, to mitigate the financial and programmatic risks associated with medical countermeasure development and acquisition, and to ensure that the development and acquisition of medical countermeasures significantly enhances the Nation's response and recovery capabilities, the following four strategic goals and underlying objectives will guide critical funding allocation decisions. Goal 1. Identify and Prioritize Programs for the Development and Acquisition of Medical Countermeasures While a primary goal of HHS is to prepare the Nation to prevent and respond to the health effects of natural and manmade disasters, constraints of both time and financial resources do not allow for the development and acquisition of medical countermeasures to prevent and mitigate all threats, in all places, at all times, and for all people. Consequently, several factors must be considered when developing the most appropriate strategies for high priority CBRN threats. The prioritization of medical countermeasure development and acquisition programs that will be delineated in the *HHS PHEMCE Implementation Plan* will be informed by the following three objectives. Objective 1. Establish the Relative Hierarchy of the Chemical, Biological, Radiological, and Nuclear Threat Classes In the process of determining the most effective ways to mitigate and treat the effects of the CBRN threats, it is essential to understand that the three threat classes (i.e., chemical, biological, and radiological/nuclear) are distinct in their feasibility of use and in their potential public health consequences. HHS recognizes that the overall strategy for protection against these threats must be broad enough to effectively mitigate the public health impact of a major chemical, biological, radiological, or nuclear event, while focusing preparations on developing and acquiring medical countermeasures to protect against the threat agents that have the greatest potential to cause catastrophic public health consequences and for which medical intervention will be effective, feasible, and pragmatic. Threat identification and prioritization to inform medical countermeasure development and acquisition is a collaborative effort between HHS and DHS. DHS has the lead in considering the best available intelligence and scientific information to identify and prioritize CBRN threats. DHS uses this as the basis for issuing determinations about which agents present a material threat sufficient to affect national security. DHS then provides HHS with estimates of the numbers of potentially exposed individuals using plausible, high-consequence scenarios for each threat. To inform subsequent medical and public health consequence assessments, HHS combines this data with medical consequence modeling, subject matter expert evaluations, domestic and international intelligence information, and information on current State and local response capabilities. The *HHS PHEMCE Implementation Plan* will consider all of these inputs when establishing the HHS medical countermeasure priorities and requirements. Objective 2. Prioritize Gaps in the Research, Development, and Acquisition of Medical Countermeasures HHS is committed to investing in research and development of medical countermeasures that will provide the most benefit for preventing or treating the effects of exposure to CBRN threats. HHS will apply the following specific guidelines and principles when evaluating potential investments. *Medical* 12 *versus Non-Medical* 13 *Countermeasures* . HHS will address the relative value of medical countermeasures and non-medical countermeasures, both within each class of threat agent and across all classes of threat agents. The *HHS PHEMCE Implementation Plan* will be developed with the overall goal of creating—through investments in research, development, and acquisitions—a portfolio that optimizes public health preparedness using the best combined strategies to prevent, mitigate, and treat the effects of a catastrophic CBRN event. 12 Includes both pharmaceutical medical countermeasures (e.g., vaccines, antibiotics, antitoxins) and non-pharmaceutical medical countermeasures (e.g., ventilators, devices, personal protective equipment such as face masks and gloves). 13 Includes elements such as contact and transmission interventions, social distancing, and community shielding. *Prevention and Mitigation versus Treatment.* HHS will address both medical prevention and medical treatment alternatives for public health preparedness. Given cost/benefit and implementation considerations, *post-event* diagnostics, prophylaxis, and/or treatment are likely to be the preferred strategies for most threats; however, *pre-event* medical countermeasures (such as vaccines) may still be appropriate for some high priority threats. *Acute versus Chronic.* Many CBRN agents have the potential to cause acute health consequences. In addition to relieving these acute consequences, early mitigation and treatment may prevent subsequent chronic health effects. The *HHS PHEMCE Implementation Plan,* therefore, will give priority to addressing the acute (immediate to weeks timeframe) medical and/or public health outcomes resulting from CBRN threat agents, while acknowledging that some threats, despite early interventions, may cause long-term health consequences. *Specific versus Broad-spectrum.* The USG must be capable of responding to a wide variety of potential challenges, including traditional as well as novel biological agents that are highly communicable, associated with a high rate of morbidity or mortality, and potentially without known countermeasure at the time of discovery. Identified in the National Strategy for *Medical Countermeasures against Weapons of Mass Destruction* is the spectrum of potential biological threat agents that pose such risks. These include threats that are traditional (i.e., naturally occurring microorganisms or toxin products with the potential to be disseminated to cause mass casualties, such as anthrax and plague); enhanced (i.e., a traditional agent that has been modified or selected to circumvent current countermeasures, such as an engineered, antibiotic-resistant, bacterial pathogen[0]); emerging (i.e., a[0] naturally occurring organism that is newly recognized or anticipated to present a public health threat, such as Severe Acute Respiratory Syndrome-associated coronavirus [SARS-CoV][0][0]); or advanced (i.e., a novel organism that has been engineered or newly generated in the laboratory and that could be targeted to bypass traditional countermeasures or produce a more severe or otherwise enhanced spectrum of disease). Medical countermeasure acquisitions planned in the near-term will continue to focus on addressing specific, high-priority threats with specific medical countermeasures. Where available, HHS will pursue development and acquisition of medical countermeasures that address multiple threats, as is the case with the current stockpile of antibiotics that are effective against multiple bacterial threat agents. A key challenge for the *HHS PHEMCE Implementation Plan,* however, will be to define the optimal balance between fixed and flexible defenses 14 to best prepare for the future. 14 Relman DA. Bioterrorism—Preparing to Fight the Next War, *NEJM,* 2006, 354(2):113-115. In the context of defense against biological threats, a fixed defense is a medical countermeasure intended for use against a specific organism and not useful in scenarios that employ a different organism. Fixed defenses (the so-called “one bug—one drug” approach) for medical counter-measure development can be time-consuming and expensive. To date, however, this has been the preeminent path for addressing current threats. This approach has been successful in part because it presents industry with clearly defined targets for product development. At the same time, however, the uncertainties associated with the CBRN threat environment require that the *HHS PHEMCE Implementation Plan* support the development of flexible defenses to allow for innovations in medical countermeasure design that may result in enhanced products. For example, the benefit of broad-spectrum pharmaceuticals and platform technologies 15 will extend beyond their ability to counter current biological threat agents and will allow for rapid response to future threats. In addition, development of broad-spectrum medical countermeasures and platform technologies may also contribute to the mitigation and treatment of the health effects associated with chemical and radiological/nuclear threats. Therefore, HHS will support the development of flexible medical countermeasures including broad-spectrum pharmaceuticals and diagnostics, while recognizing that, at least for the immediate future, some threats will require agent-specific medical countermeasures. 15 Platform technologies are methods for developing and producing medical countermeasures that are rapidly adaptable to multiple threats. The NIH will continue its existing research and development efforts to identify medical countermeasures for known as well as emerging diseases. HHS will use the Biomedical Advanced Research and Development Authority (BARDA) in the Pandemic and All-Hazards Preparedness Act to provide direct investment in medical countermeasure advanced research and development. Finally, HHS will use the Project BioShield special reserve fund and the Strategic National Stockpile resources to acquire, store, maintain, and deploy top priority medical countermeasures. HHS will work to ensure that its internal agencies, including ASPR, NIH, FDA, and CDC, continue to present industry with clear and comprehensive guidelines for HHS expectations regarding the development, approval, and utilization policies for fixed and flexible defenses. *General versus Special Populations.* The *HHS PHEMCE Implementation Plan* will address the medical countermeasure needs of both the general population and those special populations (e.g., children, the elderly, pregnant women, immunocompromised individuals, and persons with disabilities) for whom efficacy or dosing have not been determined, to whom FDA licensure has not been extended, or for whom the use of a countermeasure is medically contraindicated. Given the limited availability of resources, priority will be given to those medical countermeasures that will prevent and treat adverse health effects for the greatest number of individuals. Meanwhile, HHS will continue its dedication to finding treatment and mitigation solutions for high priority threats to all populations. *Concept of Operations.* HHS will develop, and select for acquisition, candidate medical countermeasures based on desired product characteristics that are most compatible with the current Concept of Operations (CONOPs) for public health emergency response at the Federal, State, and local levels. For each medical countermeasure, HHS will establish civilian CONOPs, including maintenance, utilization policies, and deployment plans in the context of available consequence mitigation strategies. When feasible, HHS will identify and integrate existing CONOPs developed by its Federal partners. 16 Consistent with previously issued material threat determinations, HHS will define specific medical countermeasure requirements, including product specifications consistent with USG storage plans and operational capabilities for deployment 17 and utilization by Federal, State, and local authorities. For example, HHS will favor medical countermeasures that people can self-administer (e.g., oral antibiotics) over those that require administration by a health care worker. For those medical countermeasures that do require a health care worker, HHS will favor easily administered medications (e.g., a simple single injection) over medications that require intravenous administration, continuous medical monitoring, or prolonged courses. Preferred medical countermeasures will include products that can be stored at room temperature, have a minimum 5-year shelf-life, and are appropriate for use by the vast majority of the at-risk population. 16 DOD will separately develop its medical countermeasure CONOPs for military populations and will work to integrate DOD medical countermeasure requirements and product development plans with HHS strategies for addressing civilian requirements. 17 Deployment includes the transportation and distribution system (both vehicular equipment and human capital) needed to distribute the medicines and supplies. *Domestic versus International.* The *HHS PHEMCE Implementation Plan* will focus on medical countermeasures needed to protect the domestic civilian population. In a global emergency, however, the USG may utilize these resources, as feasible and as appropriate, to meet critical international needs. Objective 3. Establish and Prioritize Near-Term, Mid-Term, and Long-Term Development and Acquisition Programs HHS will achieve the optimal state of public health preparedness by synchronizing its near-term, mid-term, and long-term investments in the research, development, and acquisition of existing as well as novel medical countermeasures to effectively prevent, mitigate, and treat the dynamic nature of the threat scope. The *HHS PHEMCE Implementation Plan* will address both existing and next generation medical countermeasures. HHS will regularly evaluate, on a case-by-case basis, investment strategies for long-term maintenance and/or replacement of medical countermeasures in the SNS. HHS will establish a research and development portfolio that will meet future top priority countermeasure gaps. Building on the existing USG infrastructure, HHS will identify and support the critical framework necessary to enable medical countermeasure development, including biocontainment facilities, animal models, workforce training and education, and product manufacturing. HHS will establish strategies that consider the total life-cycle costs 18 of each medical countermeasure and will employ the following guidelines and principles to evaluate potential investments in the near-term, the mid-term, and the long-term. 18 Relevant cost elements including development, acquisition, storage, maintenance, deployment, utilization, industrial warm-base, and disposal of expired items. *Near-term Strategies (FY07-08).* Recognizing the broad spectrum of CBRN threats and the limited resources available, all investments will focus on those threats with the highest possibility for medical mitigation. Currently available medical countermeasures will be considered for acquisition if they meet immediate, critical needs and if they can be deployed effectively under current preparedness plans. HHS will continue to invest in research and development activities to identify additional indications for currently approved 19 products. Furthermore, HHS will continue to support candidate medical countermeasures already in advanced development that have the potential to address current vulnerabilities. These efforts will focus on the highest priority gaps in terms of adverse public health and medical outcomes. 19 The term “approved” is used broadly in this report to refer to products and uses that FDA has approved, licensed, or cleared under sections 505, 510(k), and 515 of the Federal Food, Drug, and Cosmetic Act or that FDA has licensed under section 351 of the Public Health Service Act. *Mid-term Strategies (FY09-13).* HHS will monitor advances in medical countermeasure technology and will provide, through a narrowly focused advanced development effort, the support needed to pull promising candidate medical countermeasures through the development pipeline. It will be accepted that some of these candidate countermeasures and platforms may not be deemed suitable for further investment as additional data become available; however, this approach is expected to result in a net expansion of the pool of medical countermeasure candidates. HHS also will work with the private sector to support new technologies for medical countermeasure manufacturing that may be utilized for both CBRN and commercial interests. Furthermore, HHS will support the development of point-of-care assays and diagnostics, and other medical countermeasure products that facilitate a rapid public health response, such as those with needle-less delivery systems or single dose solutions. *Long-term Strategies (FY14-23).* HHS will maintain its commitment to providing appropriate resources to address those threat agents deemed by DHS to pose the greatest risks to national security. In addition to these known dangers, HHS will continue to work to protect the Nation from unknown threats. HHS will also continue its support of the development of novel, broad-spectrum medical countermeasures as well as innovative approaches to countermeasure deployment logistics, including manufacturing processes, delivery systems, storage requirements, and distribution tactics. Maintenance in the SNS of products made with existing technologies will be evaluated in the context of availability of next generation products and of products made with modernized manufacturing technologies. Existing technologies will continue to be evaluated for applicability to producing novel medical countermeasures. Goal 2. Build Balanced, Effective Programs Across the HHS Public Health Emergency Medical Countermeasures Enterprise The HHS PHEMCE will build and maintain a balanced and effective medical countermeasure research, development, and acquisition program. Currently, a robust research and early development program exists under the leadership of the NIH. In the coming years, HHS will expand on this foundation to enhance its ability to pursue an aggressive, integrated, and strategic advanced development program using authorities provided in the Pandemic and All-Hazards Preparedness Act. The prioritization of threat-specific medical countermeasures will be reflected in corresponding changes in the NIH's research and development funding allocations. Furthermore, HHS will enhance its ability to pursue an aggressive and strategic advanced development program as part of the comprehensive PHEMCE. ASPR will coordinate biodefense research and development at NIH, CDC, and FDA; synchronize funding streams for advanced development; and utilize scientific capital and technological capability from all Federal government agencies to ensure that the necessary medical countermeasure solutions are available to respond to and minimize critical public health needs. Similarly, HHS will strengthen its execution of medical countermeasure procurements. It is expanding its acquisition staff and has worked with DHS to streamline the approval process for use of the special reserve fund authorized in the Project BioShield Act of 2004. For current and future medical countermeasures, HHS will continue to establish, in partnership with State and local authorities, CONOPs that include maintenance, utilization policies, and deployment plans in the context of available consequence mitigation strategies. Goal 3. Increase Transparency and More Actively Engage the Private Sector The development of new medical countermeasures requires effective interactions among Government, the private sector, and academia. Private research organizations, pharmaceutical manufacturers, biotechnology companies, and clinical research organizations already have many of the resources and the expertise needed to develop medical countermeasures; however, they have been reluctant to make substantial investments in research and development because of market uncertainties. HHS will clearly and publicly articulate its medical countermeasure development and acquisition priorities, as well as the general timelines associated with addressing these priorities. HHS will enhance communication between the Federal government and external stakeholders through several mechanisms, including this *HHS PHEMCE Strategy,* the soon-to-be-released *HHS PHEMCE Implementation Plan,* the PHEMCE Stakeholder Workshops, and a dedicated Web site, MedicalCountermeasures.gov. HHS's annual Stakeholder Workshops will educate the public and promote appropriate discussion of these priorities with public and private stakeholders. As needed, HHS will also convene other meetings and workshops with representatives from relevant industries, academia, and other Federal departments and agencies (including the Government and Sector Coordinating Councils involved in the development of the National Infrastructure Protection Plan), international agencies as appropriate, and other interested persons. In 2007, HHS will launch MedicalCountermeasures.gov, a secure Web site designed to enhance industry's access to and rapid communication with the relevant USG agencies regarding medical countermeasure development. MedicalCountermeasures.gov will provide frequent updates on Federal medical countermeasure activities, and will feature upcoming events, pre-solicitation notices, key Federal resources, announcements, and links to related USG Web sites. Conversely, stakeholders will be able to use MedicalCountermeasures.gov to submit information on their products in development as well as to request meetings with USG departments or agencies. As required by the Pandemic and All-Hazards Preparedness Act, HHS will establish the National Biodefense Science Board

(NBSB)to provide expert advice and guidance to the HHS Secretary on scientific, technical, and other matters of special interest to HHS regarding current and future CBRN agents, whether naturally occurring, accidental, or deliberate. The membership of the NBSB will be comprised of the Nation's preeminent scientific, public health, and medical experts; Federal officials as the Secretary may determine are necessary to support the functions of the Board; individuals representing the pharmaceutical, biotechnology, and device industries; individuals representing academia; and other members as determined appropriate by the Secretary, including a practicing healthcare professional and a representative from a healthcare consumer organization. With diligent respect for confidentiality concerns and Federal regulations, HHS will increase the transparency and public visibility of processes by which it selects and acquires medical countermeasures. Acknowledging industry's risky investments of time, energy, and resources, HHS will foster medical countermeasure development by removing or lowering obstacles whenever appropriate, including through the application of liability protections under the Public Readiness and Emergency Preparedness Act (PREP Act) 20 and, as appropriate and necessary, more flexible contracting procedures. In addition to granting the HHS Secretary limited antitrust exemption authorities regarding medical countermeasure research and development, the Pandemic and All-Hazards Preparedness Act allows the Secretary to make milestone-based awards and payments to biotechnology companies and pharmaceutical manufacturers. 20 On December 30, 2005, President George W. Bush signed into law the Public Readiness and Emergency Preparedness Act (PREP Act) as part of the 2006 Defense Appropriations Act. Goal 4. Develop, Recruit, and Support a World-Class Workforce A successful PHEMCE relies on a highly qualified and accomplished workforce with appropriate technical training, scientific skills, and business management experience—both within the public and the private sectors. HHS is committed, as is each of its Federal partners in this endeavor, to continued staffing of the PHEMCE with outstanding professionals and to maintaining a work environment conducive to high performance. The Department will continue to recruit outstanding professionals from both the public and private sectors to build a model program for advanced product development, procurement, and delivery that will provide needed products as efficiently and effectively as possible. HHS will recruit Federal employees (civil service and the U.S. Public Health Service) for their experience, skills, and expertise in research, development, and the regulatory aspects of product development programs, as well as management of such government programs. Highly qualified researchers, clinicians, and managers from academia and private industry will complement their expertise. HHS will facilitate the appointment of these individuals through existing general and senior service programs. HHS also will develop programs to train professionals at all career stages in the foundations of the PHEMCE, utilizing mechanisms such as fellowships, sabbaticals, internships, and exchange programs. This effort will allow private sector individuals to bring new skills and fresh ideas to the program from the biotechnology and pharmaceutical industries. The Department also will create appropriate career paths to provide PHEMCE staff with opportunities to continue to grow professionally, to retain outstanding staff, and to ensure that excellence remains a PHEMCE hallmark. HHS will use all available Federal hiring practices and all Pandemic and All-Hazards Preparedness Act authorities to offer compensation that attracts the best human capital to meet its mission and challenges. HHS also will identify qualified individuals with special expertise who are willing to serve on advisory boards or committees that the Secretary determines would contribute to the overall program. Conclusion This *HHS PHEMCE Strategy* reflects the new HHS approach to the development, acquisition, and use of medical countermeasures against CBRN threats. It provides strategic direction to the Department, signals the Department's intents and priorities to its Governmental and private partners, and guides the development of the *HHS PHEMCE Implementation Plan.* Consistent with its stated commitment to transparency, predictability, and wide-ranging solicitation of expertise, the Department will continue to engage stakeholders as it develops specific strategic initiatives to meet its goals and objectives for the advanced development, procurement, and delivery of medical countermeasures. The *HHS PHEMCE Strategy* underscores the commitment by the top leadership of HHS to achieve the vision articulated in the President's *National Strategy for Medical Countermeasures against Weapons of Mass Destruction.* It seeks to craft and execute a robust, integrated, and end-to-end Public Health Emergency Medical Countermeasure Enterprise that provides the Nation with an “all hazards” capability to protect against, respond to, and enable recovery from chemical, biological, radiological, or nuclear attacks upon the public health. Dated: March 15, 2007. Gerald Parker, Principal Deputy Assistant Secretary, Office of the Assistant Secretary for Preparedness and Response, Department of Health and Human Services. [FR Doc. E7-5066 Filed 3-19-07; 8:45 am] BILLING CODE 4150-37-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Notice of Public Input Opportunity AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). SUMMARY: The National Institute for Occupational Safety and Health (NIOSH) announces the following availability of opportunity for the public to provide input regarding the draft document, “Long-Term Field Evaluation

(LTFE)Program Concept.” NIOSH is the Federal agency responsible for conducting research and making recommendations for the approval for self-contained, self-rescuer

(SCSR)closed circuit escape respirators, Title 42, Code of Federal Regulations (CFR), Part 84. The LTFE program for self-contained self-rescuers (SCSRs) for miners was initiated more than 20 years ago by the U.S. Bureau of Mines. The objective for the LTFE program is to obtain data to determine the expected performance characteristics of SCSRs used in the mining industry. LTFE program results based on scientific principles can provide useful information to monitor expected SCSR performance and assess possible degradation due to the physical stresses of in-mine use. Of utmost concern is the successful performance of any SCSR that passes its inspection criteria specified by the manufacturer. It is such apparatus that must be relied upon in an emergency. A copy of the draft document can be found at *http://www.cdc.gov/niosh/review/public/NPPTL-LTFE/* . ADDRESSES: Comments should be submitted to the NIOSH Docket Office, Robert A. Taft Laboratories, 4676 Columbia Parkway. M/S C-34, Cincinnati, OH 45226, telephone 513/533-8450, fax 513/533-8285. Comments may also be submitted directly through the Web site *http://www.cdc.gov/niosh/review/public/NPPTL-LTFE/* . This document will remain available for comment until April 5, 2007. Comments should reference docket number NIOSH-101 in the subject heading. All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, Room 111, 4676 Columbia Parkway, Cincinnati, Ohio 45226. Contact Person For Technical Information: Les Boord, NIOSH Director for National Personal Protective Technology Laboratory, 626 Cochrans Mill Road, P.O. Box 18070, Pittsburgh, PA 15236. There will also be a public meeting held on March 22, 2007 at the DoubleTree Pittsburgh Airport Hotel, 8402 University Blvd, Moon Township, PA 15108 regarding this topic. Dated: March 14, 2007. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. 07-1341 Filed 3-19-07; 8:45 am]

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