Notices. Notice of a Finding of No Significant Impact

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BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service Rehabilitation of Multiple Purpose Dam No. 5 of the Poteau River Watershed, Scott County, AR AGENCY: Natural Resources Conservation Service, Department of Agriculture. ACTION: Notice of a Finding of No Significant Impact. SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S.

Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the rehabilitation of Multiple Purpose Dam No. 5 of the Poteau River Watershed, Scott County, Arkansas. FOR FURTHER INFORMATION CONTACT: Kalven L. Trice, State Conservationist, Natural Resources Conservation Service, Rm 3416 Federal Building, 700 West Capital Avenue, Little Rock, AR 72201-3225, Telephone

(501)301-3100. SUPPLEMENTARY INFORMATION: The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Kalven L. Trice, State Conservationist, has determined that the preparation and review of an environmental impact statement is not needed for this project. The project will rehabilitate Multiple Purpose Dam

(MPD)No. 5 to maintain the present level of flood control and water supply benefits and comply with the current dam safety and performance standards. Rehabilitation of MPD No. 5 will require the dam to be modified to meet current performance and safety standards for a high hazard dam. The modification will consist of: • Modifying the existing principal spillway inlet by raising the crest from Elev. 713.2 feet to Elev. 714.1 feet to provide 2,100 acre-feet of water supply storage and 316 acre-feet of submerged sediment storage (100-year) and 40 acre feet of aerated sediment storage for a total sediment storage of 356 acre-feet and replacing the drawdown gate and metal trash rack; • Modifying the vegetated auxiliary spillway by raising the auxiliary spillway crest from the existing Elevation 723.5 feet to Elevation 724.3 feet to meet the requirements for the 100-year Principal Spillway Hydrograph and increasing the width of the auxiliary spillway from the existing 600 feet to 770 feet and • Raising the top of dam from the existing Elev. 728.5 feet to Elev. 733.2 as required to pass the Probable Maximum Flood

(PMF)without overtopping the dam. All disturbed areas will be planted to plants that have wildlife values. The proposed work will not affect any prime farmland, endangered or threatened species, wetlands, or cultural resources. Federal assistance will be provided under authority of the Small Watershed Rehabilitation Amendments of 2000 (Section 313, Pub. L. 106-472). Total project cost is estimated to be $2,048,300, of which $1,443,300 will be paid from the Small Watershed Rehabilitation funds and $605,000 from local funds. The notice of a Finding of No Significant Impact (FONSI) has been forwarded to the Environmental Protection Agency and to various Federal, State, and local agencies and interested parties. A limited number of copies of the FONSI are available to fill single copy requests at the above address. Basic data developed during the environmental assessment are on file and may be reviewed by contacting Kalven L. Trice, State Conservationist. No administrative action on implementation of the proposal will be taken until 30 days after the date of this publication in the **Federal Register** . Dated: April 11, 2007. Kalven L. Trice, State Conservationist. [FR Doc. E7-7405 Filed 4-18-07; 8:45 am] BILLING CODE 3410-16-P DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Funds Availability

(NOFA)for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year 2007 *Announcement Type* : Initial Notice inviting applications from qualified applicants for Fiscal Year 2007. *Catalog of Federal Domestic Assistance Numbers (CFDA):* 10.405 and 10.427. SUMMARY: This NOFA announces the timeframe to submit applications for section 514 Farm Labor Housing

(FLH)loans and section 516 FLH grants for the construction of new off-farm FLH units and related facilities for domestic farm laborers. The intended purpose of these loans and grants is to increase the number of available housing units for domestic farm laborers. Applications may also include requests for section 521 rental assistance

(RA)and operating assistance for migrant units. This document describes the method used to distribute funds, the application process, and submission requirements. DATES: The deadline for receipt of all applications in response to this NOFA is 5 p.m., local time for each Rural Development State Office on June 18, 2007. The application closing deadline is firm as to date and hour. The Agency will not consider any application that is received after the closing deadline. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the closing deadline. Acceptance by a post office or private mailer does not constitute delivery. Facsimile (FAX), COD, and postage due applications will not be accepted. Intergovernmental Review The construction of new section 516 off-farm FLH is subject to the Intergovernmental Review provisions of 7 CFR part 3015, subpart V which requires intergovernmental consultation with State and local officials. Submission Address Applicants wishing to apply for assistance must contact the Rural Development State Office serving the place in which they desire to submit an application for off-farm labor housing to receive further information and copies of the application package. Rural Development will date and time stamp incoming applications to evidence timely receipt, and, upon request, will provide the applicant with a written acknowledgment of receipt. A listing of Rural Development State Offices, their addresses, telephone numbers, and person to contact follows: Note: Telephone numbers listed are not toll-free. Alabama State Office Suite 601, Sterling Center 4121 Carmichael Road, Montgomery, AL 36106-3683,

(334)279-3455 TDD (334)279-3495, James B. Harris. Alaska State Office 800 West Evergreen, Suite 201, Palmer, AK 99645, (907)761-7740 TDD (907)761-8905, Debbie Andrys. Arizona State Office Phoenix Courthouse and Federal Building, 230 North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602)280-8766 TDD (602)280-8770, Kathy Wilhelm. Arkansas State Office 700 W. Capitol Ave., Rm. 3416, Little Rock, AR 72201-3225, (501)301-3250 TDD (501)301-3063, Clinton King. California State Office 430 G Street, #4169, Davis, CA 95616-4169,

(530)792-5830 TDD

(530)792-5848, Debra Moretton. Colorado State Office 655 Parfet Street, Room E100, Lakewood, CO 80215,

(720)544-2923 TDD (800)659-2656, Mary Summerfield. Connecticut Served by Massachusetts State Office. Delaware State Office 1221 College Park Drive, Suite 200, Dover, DE 19904,

(302)857-3615 TDD

(302)857-3585, Pat Baker. Florida & Virgin Islands State Office 4440 NW. 25th Place, Gainesville, FL 32606-6563,

(352)338-3465 TDD

(352)338-3499, Elizabeth M. Whitaker. Georgia State Office Stephens Federal Building, 355 E. Hancock Avenue Athens, GA 30601-2768,

(706)546-2164 TDD

(706)546-2034, Wayne Rogers. Hawaii State Office (Services all Hawaii, American Samoa, Guam and Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720,

(808)933-8305 TDD

(808)933-8321, Jack Mahan. Illinois State Office 2118 W. Park Court, Suite A, Champaign, IL 61821-2986,

(217)403-6222 TDD

(217)403-6240, Barry L. Ramsey. Indiana State Office 5975 Lakeside Boulevard, Indianapolis, IN 46278,

(317)290-3100 (ext. 423) TDD

(317)290-3343, Stephan Dye. Iowa State Office 210 Walnut Street Room 873, DesMoines, IA 50309,

(515)284-4685 TDD

(515)284-4858, Julie Sleeper. Kansas State Office 1303 SW. First American Place, Suite 100, Topeka, KS 66604-4040,

(785)271-2721 TDD

(785)271-2767, Virginia M. Hammersmith. Kentucky State Office 771 Corporate Drive, Suite 200, Lexington, KY 40503,

(859)224-7325 TDD

(859)224-7422, Paul Higgins. Louisiana State Office 3727 Government Street, Alexandria, LA 71302,

(318)473-7962 TDD

(318)473-7655, Yvonne R. Emerson. Maine State Office 967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 04402-0405,

(207)990-9110 TDD

(207)942-7331, Bob Nadeau. Maryland Served by Delaware State Office. Massachusetts State Office 451 West Street, Amherst, MA 01002,

(413)253-4315 TDD

(413)253-4590, Paul Geoffroy. Michigan State Office 3001 Coolidge Road, Suite 200, East Lansing, MI 48823,

(517)324-5192 TDD

(517)337-6795, Ghulam R. Sumbal. Minnesota State Office 375 Jackson Street Building, Suite 410, St. Paul, MN 55101,

(651)602-7782 TDD

(651)602-7826, Peter Lundquist. Mississippi State Office Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 39269,

(601)965-4325 TDD

(601)965-5850, Darnella Smith-Murray. Missouri State Office 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203,

(573)876-9305 TDD

(573)876-9480, Colleen James. Montana State Office 900 Technology Blvd., Suite B, Bozeman, MT 59718,

(406)585-2515 TDD

(406)585-2562, Deborah Chorlton. Nebraska State Office Federal Building, Room 152, 100 Centennial Mall N., Lincoln, NE 68508,

(402)437-5594 TDD

(402)437-5093, Phil Willnerd. Nevada State Office 1390 South Curry Street, Carson City, NV 89703-5146,

(775)887-1222 (ext. 25) TDD

(775)885-0633, Angilla Denton. New Hampshire State Office Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH 03301-5004,

(603)223-6046 TDD

(603)229-0536, Jim Fowler. New Jersey State Office 5th Floor North, Suite 500, 8000 Midlantic Dr., Mt. Laurel, NJ 08054,

(856)787-7740 TDD

(856)787-7784, George Hyatt, Jr. New Mexico State Office 6200 Jefferson St., NE., Room 255, Albuquerque, NM 87109,

(505)761-4944 TDD

(505)761-4938, Carmen N. Lopez. New York State Office The Galleries of Syracuse, 441 S. Salina Street, Suite 357, Syracuse, NY 13202,

(315)477-6419 TDD

(315)477-6447, George N. Von Pless. North Carolina State Office 4405 Bland Road, Suite 2120, Raleigh, NC 271209,

(919)873-2066 TDD

(919)873-2003, Bill Hobbs. North Dakota State Office Federal Building, Room 208, 220 East Rosser, P.O. Box 1737, Bismarck, ND 58502,

(701)530-2049 TDD

(701)530-2113, Kathy Lake. Ohio State Office Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2477,

(614)255-2418 TDD

(614)255-2554, Melodie Taylor-Ward. Oklahoma State Office 100 USDA, Suite 108, Stillwater, OK 74074-2654,

(405)742-1070 TDD

(405)742-1007, Ivan Graves. Oregon State Office 1201 NE Lloyd Blvd., Suite 801, Portland, OR 97232,

(503)414-3325 TDD

(503)414-3387, Margo Donelin. Pennsylvania State Office One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,

(717)237-2282 TDD

(717)237-2261, Martha E. Hanson. Puerto Rico State Office IBM Building, 654 Munoz Rivera Ave., Suite 601, San Juan, PR 00918,

(787)766-5095 (ext. 254) TDD 1-800-274-1572, Lourdes Colon. Rhode Island Served by Massachusetts State Office. South Carolina State Office Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201,

(803)253-3432 TDD

(803)765-5697, Larry D. Floyd. South Dakota State Office Federal Building, Room 210, 200 Fourth Street, SW, Huron, SD 57350,

(605)352-1132 TDD

(605)352-1147, Roger Hazuka or Pam Reilly. Tennessee State Office 3322 West End Avenue, Suite 300, Nashville, TN 37203-1084,

(615)783-1375 TDD

(615)783-1397, Donald Harris. Texas State Office 101 South Main St., Suite 102, Temple, TX 76501,

(254)742-9758 TDD

(254)742-9712, Julie Hayes. Utah State Office Wallace F. Bennett Federal Building, 125 S. State Street, Room 4311, Salt Lake City, UT 84138,

(801)524-4325 TDD

(801)524-3309, Janice Kocher. Vermont State Office City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602,

(802)828-6021 TDD

(802)223-6365, Heidi Setien. Virgin Islands Served by Florida State Office. Virginia State Office Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 23229,

(804)287-1596 TDD

(804)287-1753, CJ Michels. Washington State Office 1835 Black Lake Blvd., Suite B, Olympia, WA 98512,

(360)704-7730 TDD

(360)704-7760, Robert Lund. Western Pacific Territories Served by Hawaii State Office. West Virginia State Office 75 High Street, Room 320, Morgantown, WV 26505-7500,

(304)284-4872 TDD

(304)284-4836, David Cain. Wisconsin State Office 4949 Kirschling Court, Stevens Point, WI 54481,

(715)345-7608 (ext. 7145) TDD

(715)345-7614, Peter Kohnen. Wyoming State Office P.O. Box 11005, Casper, WY 82602-6733,

(307)233-6715 TDD

(307)233-6733, Jack Hyde. FOR FURTHER INFORMATION CONTACT: Henry Searcy, Senior Loan Specialist, Multi-Family Housing Processing Division—STOP 0781 (Room 1263-S) , U.S. Department of Agriculture—Rural Housing Service, 1400 Independence Ave. SW, Washington, DC 20250-0781, by telephone at

(202)720-1604 (This is not a toll free number.) , or via e-mail at *Henry.Searcy@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Overview Paperwork Reduction Act The reporting requirements contained in this NOFA have been approved by the Office of Management and Budget under Control Number 0575-0045. The FLH program is authorized by the Title V Housing Act of 1949: section 514 (42 U.S.C. 1484) for loans and section 516 (42 U.S.C. 1486) for grants. Tenant subsidies in the form of RA are available through section 521 (42 U.S.C. 1490a) . Sections 514 and 516 provide Rural Housing Service

(RHS)the authority to make loans and grants for financing off-farm housing to broad-based nonprofit organizations, nonprofit organizations of farmworkers, federally recognized Indian tribes and agencies or political subdivisions of State or local government. In addition, loans may be made to limited partnerships in which the general partner is a nonprofit entity. Program Administration I. Funding Opportunities Description Funding for this program comes in the form of a loans, grants and rental assistance. Housing that is constructed with these loans and grants must meet the Agency design and construction standards contained in 7 CFR part 1924, subparts A and C. Once constructed, off-farm FLH must be managed in accordance with the program's regulation, at 7 CFR part 3560. Tenant eligibility is limited to persons who meet the definition of a “domestic farm laborer”, a “retired domestic farm laborer,” or a “disabled domestic farm laborer,” as defined in 7 CFR 3560.11. Farmworkers who are admitted to this country on a temporary basis under the Temporary Agricultural Workers (H-2A Visa) program are not eligible to occupy section 514/516 off-farm FLH. Operating assistance may be used in lieu of tenant-specific rental assistance in off-farm labor housing projects financed under section 514 or section 516(i) of the Housing Act of 1949 (U.S.C. 1486(i)) that serve migrant farmworkers. To be eligible for the operating assistance, projects must be off-farm FLH projects financed under section 514 or section 516 with units that are for migrant farmworkers (housing units for year-round farmworker households are ineligible) and must otherwise meet the requirements of 7 CFR 3560.574. “Migrants or migrant agricultural laborer” is defined in 7 CFR 3560.11 Owners of eligible projects may choose tenant-specific RA or operating assistance, or a combination of both; however, any tenant or unit assisted with operating assistance may not also receive RA. II. Award Information Applications for Fiscal Year

(FY)2007 will only be accepted through the date and time listed in this NOFA. Because RHS has the ability to adjust loan and grant levels, final loan and grant levels will fluctuate. The estimated funds available for FY 2007 for off-farm housing are: section 514, $31,937,082 and section 516, $10,491,000. Individual requests may not exceed $3 million (total loan and grant). If RA is available, it will be held in the National Office and will be awarded based on each project's financial structure and need. Section 516 off-farm FLH grants may not exceed 90 percent of the total development cost of the housing. Applications that require leveraged funding must have firm commitments in place for all of the leveraged funding within 1 year of the issuance of a “Notice of Preapplication Review Action,” Form AD-622. In order to be eligible for leveraged funding selection points, the commitment for leveraged funds must be submitted with the initial preapplication. If leverage funds are in the form of tax credits, the applicant must document a history of receiving tax credits. III. Eligibility Information Applicant Eligibility

(1)*To be eligible to receive a section 516 grant for off-farm FLH,* the applicant must be a broad-based nonprofit organization, a nonprofit organization of farm workers, a federally recognized Indian tribe, an agency or political subdivision of a State or local government, or a public agency (such as a housing authority).

(2)*To be eligible to receive a section 514 loan for off-farm FLH,* the applicant must be a broad-based nonprofit organization, a nonprofit organization of farm workers, a federally recognized Indian tribe, an agency or political subdivision of a State or local government, a public agency (such as a housing authority), or a limited partnership which has a nonprofit entity as its sole general partner and:

(a)Be unable to provide the necessary housing from its own resources; and

(b)Except for State or local public agencies and Indian tribes, be unable to obtain similar credit elsewhere at rates that would allow for rents within the payment ability of eligible residents.

(3)Broad-based nonprofit organizations must have a membership that reflects a variety of interests in the area where the housing will be located. Cost Sharing or Matching Section 516 grants for off-farm FLH may not exceed the lesser of 90 percent of the total development cost or the amount provided in 7 CFR 3560.562(c)(2). Other Administrative Requirements The following policies and regulations apply to loans and grants made in response to this NOFA:

(1)The equal opportunity requirements contained in 7 CFR part 1901, subpart E regarding equal opportunity requirements;

(2)The requirements of 7 CFR part 3015, and 7 CFR part 3016 or 7 CFR part 3019 (as applicable), which establish the uniform administrative requirements for grants and cooperative agreements to State and local governments and to non-profit organizations;

(3)The requirements of 7 CFR part 1901, subpart F regarding historical and archaeological properties;

(4)The environmental assessment requirements contained in 7 CFR part 1940, subpart G regarding environmental assessments;

(5)The requirements contained in 7 CFR part 3560, subpart L regarding the loan and grant authorities of the off-farm FLH program;

(6)The requirements contained in 7 CFR part 1924, subpart A regarding planning and construction;

(7)The requirements contained in 7 CFR part 1924, subpart C regarding the planning and performing of site development work; and

(8)All requirements contained in 7 CFR part 3560 regarding the section 514/516 off-farm FLH program. IV. Application and Submission Information The application process will be in two phases: the initial preapplication (or proposal) and the submission of a formal application. Only those proposals that are selected for funding will be invited to submit formal applications. In the event that a proposal is selected for further processing and the applicant declines, the next highest ranked unfunded preapplication may be selected. All preapplications for sections 514 and 516 funds must be filed with the appropriate Rural Development State Office and must meet the requirements of this NOFA. Incomplete preapplications will not be reviewed and will be returned to the applicant. No preapplication will be accepted after 5 p.m., local time for each Rural Development State Office on June 18, 2007 unless date and time is extended by another NOFA published in the **Federal Register** . If a preapplication is accepted for further processing, the applicant will be expected to submit a complete, formal application prior to the obligation of Agency funds. Preapplication Requirements The preapplication must contain the following:

(1)A summary page listing the following items. This information should be double-spaced between items and not be in narrative form.

(a)Applicant's name.

(b)Applicant's Taxpayer Identification Number.

(c)Applicant's address.

(d)Applicant's telephone number.

(e)Name of applicant's contact person, telephone number, and address.

(f)Amount of loan and grant requested.

(g)For grants, the applicant's Dun and Bradstreet Data Universal Numbering System

(DUNS)number. As required by the Office of Management and Budget (OMB), all grant applicants must provide a DUNS number when applying for Federal grants, on or after October 1, 2003. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711. Additional information concerning this requirement is provided in a policy directive issued by OMB and published in the **Federal Register** on June 27, 2003 (68 FR 38402-38405).

(2)A description of the applicant's ability to meet the eligibility requirements stated in this NOFA.

(3)Application for Federal Assistance (Standard Form 424) which can be found online at *http://www.whitehouse.gov/omb/grants/sf424.pdf.*

(4)A current, dated, and signed financial statement showing assets and liabilities with information on the repayment schedule and status of all debts.

(5)Evidence that the applicant is unable to obtain credit from other sources. Letters from credit institutions who normally provide real estate loans in the area should be obtained and these letters should indicate the rates and terms upon which a loan might be provided. Note: Not required from State or local public agencies or Indian tribes. )

(6)A statement concerning the need for a labor housing grant. The statement should include preliminary estimates of the rents required with and without a grant.

(7)A statement of the applicant's experience in operating labor housing or other rental housing. If the applicant's experience is limited, additional information should be provided to indicate how the applicant plans to compensate for this limited experience (i.e., obtaining assistance and advice of a management firm, non-profit group, public agency, or other organization which is experienced in rental management and will be available on a continuous basis).

(8)A brief statement explaining the applicant's proposed method of operation and management (i.e., on-site manager, contracting for management services, etc.). As stated in this NOFA:

(a)The housing must be managed in accordance with the program's management regulation, found in 7 CFR part 3560; and

(b)Tenancy is limited to “domestic farm laborers,” “retired dometic farm laborers,” and “disabled domestic farm laborers” as defined 7 CFR 3560.

(9)Applicants must provide:

(a)A copy of, or an accurate citation to, the special provisions of State law under which they are organized, a copy of the applicant's charter, their Articles of Incorporation, and their By-laws;

(b)The names, occupations, and addresses of the applicant's members, directors, and officers; and

(c)If a member or subsidiary of another organization, the organization's name, address, and nature of business.

(10)A preliminary survey to identify the supply and demand for labor housing in the market area. The market area must be clearly identified and may include only the area from which tenants can reasonably be drawn for the proposed project. Documentation must be provided to *justify a need within the intended market area for housing for “domestic farm laborers”,* as defined in this NOFA. The preliminary survey should address or include the following items:

(a)The annual income level of farmworker families in the area and the probable income of the farm workers who are apt to occupy the proposed housing;

(b)A realistic estimate of the number of farm workers who are home-based in the area and the number of farm workers who normally migrate into the area. Information on migratory workers should indicate the average number of months the migrants reside in the area and an indication of what type of family groups are represented by the migrants (i.e., single individuals as opposed to families);

(c)General information concerning the type of labor intensive crops grown in the area and prospects for continued demand for farm laborers (i.e., prospects for mechanization, etc.);

(d)The overall occupancy rate for comparable rental units in the area and the rents charged and customary rental practices for these units (i.e., will they rent to large families, do they require annual leases, etc.);

(e)The number, condition, adequacy, rental rates and ownership of units currently used or available to farm workers;

(f)A description of the units proposed, including the number, type, size, rental rates, amenities such as carpets and drapes, related facilities such as a laundry room or community room and other facilities providing supportive services in connection with the housing and the needs of the prospective tenants such as a health clinic or day care facility, estimated development timeline, estimated total development cost, and applicant contribution; and

(g)The applicant must also identify all other sources of funds, including the dollar amount, source, and commitment status. (Note: A section 516 grant may not exceed 90 percent of the total development cost of the housing.)

(11)A completed Form RD 1940-20, “Request for Environmental Information,” and a description of anticipated environmental issues or concerns. The form can be found online at *http://www.rurdev.usda.gov/regs/forms/1940-20.pdf.*

(12)A prepared HUD 935.2, “Affirmative Fair Housing Marketing Plan.” The plan will reflect that occupancy is open to all qualified “domestic farm laborers,” regardless of which farming operation they work and that they will not discriminate on the basis of race, color, sex, age, disability, marital or familial status or National origin in regard to the occupancy or use of the units. The form can be found online at *http://www.hudclips.org/sub_nonhud/html/pdfforms/935-a.pdf.*

(13)Evidence of site control such as an option or sales contract. In addition, a map and description of the proposed site, including the availability of water, sewer, and utilities and the proximity to community facilities and services such as shopping, schools, transportation, doctors, dentists, and hospitals.

(14)Preliminary plans and specifications, including plot plans, building layouts, and type of construction and materials. The housing must meet the Agency's design and construction standards contained in 7 CFR part 1924, subparts A and C and must also meet all applicable Federal, State, and local accessibility standards.

(15)A Supportive Services Plan describing services that will be provided on-site or made available to tenants through cooperative agreements with service providers in the community, such as a health clinic or day care facility. Off-site services must be accessible and affordable to farm workers and their families. Letters of intent from service providers are acceptable documentation at the preapplication stage.

(16)A proposed operating budget utilizing Form RD 3560-7, “Multiple Family Housing Project Budget/Utility Allowance.” The form can be found online at *http://www.rurdev.usda.gov/regs/forms/3560-07.pdf.*

(17)An estimate of development cost utilizing Form RD 1924-13, “Estimate and Certificate of Actual Cost.” The form can be found online at *http://www.rurdev.usda.gov/regs/forms/1924-13.pdf.*

(18)Form RD 3560-30, “Certification of No Identity of Interest (IOI)” and Form RD 3560-31, “Identity of Interest Disclosure/Qualification Certification.” These forms can be found online at *http://www.rurdev.usda.gov/regs/fmi/fm3560-30.pdf* and *http://www.rurdev.usda.gov/regs/fmi/fm3560-31.pdf,* respectively.

(19)Form HUD 2530, “Previous Participation Certification.” The form can be found online at *http://www.hudclips.org/sub?nonhud/html/pdfforms/2530.pdf.*

(20)If requesting RA or Operating Assistance, Form RD 3560-25, “Initial Request for Rental Assistance or Operating Assistance.” The form can be found online at *http://www.rurdev.usda.gov/regs/forms/3560-25.pdf.*

(21)A Sources and Uses Statement showing all sources of funding included in the proposed project. The terms and schedules of all sources included in the project should be included in the Sources and Uses Statement.

(22)A separate one-page information sheet listing each of the “Application Scoring Criteria” contained in this NOFA, followed by the page numbers of all relevant material and documentation that is contained in the proposal that supports the criteria.

(23)Applicants are encouraged, but not required, to include a checklist of all of the application requirements and to have their application indexed and tabbed to facilitate the review process. V. Application Review Information All applications for sections 514 and 516 funds must be filed with the appropriate Rural Development State Office and must meet the requirements of this NOFA. Selection Criteria Section 514 loan funds and section 516 grant funds will be distributed to States based on a national competition, as follows:

(1)States will accept, review, and score requests in accordance with the NOFA. The scoring factors are:

(a)The presence and extent of leveraged assistance, including donated land, for the units that will serve program-eligible tenants, calculated as a percentage of the RHS total development cost (TDC). RHS TDC excludes non-RHS eligible costs such as a developer's fee. Leveraged assistance includes, but is not limited to, funds for hard construction costs, section 8 or other non-RHS tenant subsidies, and state or federal funds. A minimum of ten percent leveraged assistance is required to earn points; however, if the total percentage of leveraged assistance is less than ten percent and the proposal includes donated land, two points will be awarded for the donated land. To count as leveraged funds for purposes of the selection criteria, a commitment of funds must be provided with the preapplication. Points will be awarded in accordance with the following table percentages will be rounded to the next higher or lower number. (0 to 20 points) Percentage Points 75 or more 20 60-74 18 50-59 16 40-49 12 30-39 10 20-29 8 10-19 5 0-9 0 Donated land in proposals with less than ten percent total leveraged assistance: 2 points

(b)Percent of units for seasonal, temporary, migrant housing. (5 points for up to and including 50 percent of the units; 10 points for 51 percent or more.)

(c)The selection criteria includes one optional criteria set by the National Office. The National Office initiative will be used in the selection criteria as follows: Up to 10 points will be awarded based on the presence of and extent to which a tenant services plan exists that clearly outlines services that will be provided to the residents of the proposed project. These services may include, but are not limited to, transportation related services, on-site English as a Second Language

(ESL)classes, move-in funds, emergency assistance funds, homeownership counseling, food pantries, after school tutoring, and computer learning centers. Two points will be awarded for each resident service included in the tenant services plan up to a maximum of 10 points. Plans must detail how the services are to be administered, who will administer them, and where they will be administered. All tenant service plans must include letters of intent that clearly state the service that will be provided at the project for the benefit of the residents from any party administering each service, including the applicant. (0 to 10 points)

(d)In an effort to implement USDA's nationwide initiative to promote renewable energy and energy conservation, Rural Development

(RD)has adopted incentives for energy generation and energy conservation. Participation in these nationwide initiatives is voluntary, but is strongly encouraged. *Energy Generation.* Applicants will be awarded points if the proposal includes the installation of energy generation systems to be funded by a third party. The proposal must include an overview of the energy generation system being proposed. Evidence that an energy generation system has been funded by a third party and that it has a quantifiable positive impact on energy consumption will be required. (5 points) *Energy Conservation.* Applicants will be awarded points to construct (or substantially rehabilitate) housing that earns the ENERGY STAR label for new residential construction. Units earning the ENERGY STAR label must be independently verified to meet guidelines for energy efficiency as set by the U.S. Environmental Protection Agency. All procedures used in verifying a unit for the ENERGY STAR label must comply with National Home Energy Ratings System

(HERS)guidelines. ENERGY STAR guidelines for residential construction apply to homes that are three stories or less and single or low-rise multi-family residential buildings. The Applicant will include in the narrative an explanation of how they plan to incorporate ENERGY STAR. Construction plans pertaining to energy efficiency must be developed with, reviewed, and accepted by a HERS certified rater, the contractor, and the owner. Progress inspections must be made at appropriate times by a HERS certified rater to ensure that the housing is being constructed or rehabilitated according to ENERGY STAR specifications. In order to receive final payment, applicants will be required to submit the appropriate rating reports from the HERS rater to RD as evidence that the housing has been constructed to meet the standards of ENERGY STAR. In the event that housing does not meet ENERGY STAR guidelines for new residential construction, the Agency shall, at its discretion, deduct 5 points from future funding proposals. For further information about ENERGY STAR, see *http://www.energystar.gov* or call the following toll-free numbers:

(888)782-7939 or

(888)588-9920 (TTY). (5 points)

(2)Rural Development States Offices will conduct the preliminary eligibility review, score the applications, and forward them to the National Office.

(3)The National Office will rank all requests nationwide and distribute funds to States in rank order, within funding and RA limits. A lottery in accordance with 7 CFR 3560.56(c)(2) will be used for applications with tied point scores when they all cannot be funded. If insufficient funds or RA remain for the next ranked proposal, that applicant will be given a chance to modify their application to bring it within remaining funding levels. This will be repeated for each next ranked eligible proposal until an award can be made or the list is exhausted. Dated: April 12, 2007. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. E7-7444 Filed 4-18-07; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Funds Availability

(NOFA)for the Section 533 Housing Preservation Grants for Fiscal Year 2007 *Announcement Type:* Initial Notice inviting applications from qualified applicants for Fiscal Year 2007. *Catalog of Federal Domestic Assistance Numbers (CFDA):* 10.433. SUMMARY: The Rural Housing Service

(RHS)announces that it is soliciting applications under its Housing Preservation Grant

(HPG)program. The HPG program is a grant program which provides qualified public agencies, private nonprofit organizations, and other eligible entities grant funds to assist very low- and low-income homeowners in repairing and rehabilitating their homes in rural areas. In addition, the HPG program assists rental property owners and cooperative housing complexes in repairing and rehabilitating their units if they agree to make such units available to low- and very low-income persons. This action is taken to comply with Agency regulations found in 7 CFR part 1944, subpart N, which require the Agency to announce the opening and closing dates for receipt of preapplications for HPG funds from eligible applicants. The intended effect of this Notice is to provide eligible organizations notice of these dates. DATES: The closing deadline for receipt of all applications in response to this Notice is 5 p.m., local time for each Rural Development State Office on June 18, 2007. The application closing deadline is firm as to *date and hour.* RHS will not consider any application that is received after the closing deadline. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the closing deadline date and time. Acceptance by the United States Postal Service or private mailer does not constitute delivery. Facsimile

(FAX)and postage due applications will not be accepted. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The reporting requirements contained in this Notice have been approved by the Office of Management and Budget under Control Number 0575-0115. Program Administration I. Funding Opportunities Description The funding instrument for the HPG Program will be a grant agreement. The term of the grant can vary from 1 to 2 years, depending on available funds and demand. No maximum or minimum grant levels have been established at the National level. You should contact the Rural Development State Office to determine the allocation. II. Award Information For Fiscal Year 2007, *$10,125,728* is available for the HPG Program. The total includes $225,728 in carryover funds. An earmark of *$594,000* has been established for grants located in Empowerment Zones, Enterprise Communities, and Rural Economic Area Partnership

(REAP)Zones and other funds will be distributed under a formula allocation to States pursuant to 7 CFR part 1940, subpart L, “Methodology and Formulas for Allocation of Loan and Grant Program Funds.” Decisions on funding will be based on pre-applications. III. Eligibility Information 7 CFR part 1944, subpart N provides details on what information must be contained in the preapplication package. Entities wishing to apply for assistance should contact their respective Rural Development State Office to receive further information, the State allocation of funds, and copies of the preapplication package. Eligible entities for these competitively awarded grants include state and local governments, nonprofit corporations, Federally recognized Indian tribes, and consortia of eligible entities. Federally recognized Indian tribes are exempt from the requirement to consult with local leaders. Pursuant to 7 CFR 1944.674, the tribal applicant must announce the availability of its statement of activities for review in a newspaper, as well as obtain written concurrence of the tribal governing body when program participation is operated only on tribal land. As part of the application, all applicants must also provide a Dun and Bradstreet Data Universal Numbering System

(DUNS)number. As required by the Office of Management and Budget (OMB), all grant applicants must provide a DUNS number when applying for Federal grants, on or after *October 1, 2003.* Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-866-705-5711. Additional information concerning this requirement is provided in a policy directive issued by OMB and published in the **Federal Register** on *June 27, 2003* (68 FR 38402-38405). To comply with the President's Management Agenda, the Department of Agriculture is participating as a partner in the new government-wide site in FY 2007 grants.gov. The Web site can be found at *www.grants.gov.* Housing Preservation Grants [Catalog of Federal Domestic Assistance #10.433] is one of the programs included at this Web site. Please note that you must locate the downloadable application package for this program by the CFDA Number or FedGrants Funding Opportunity Number, which can be found at *http://www.fedgrants.gov.* If you are an applicant under the Housing Preservation Grant Program, you may submit your application to the Agency in either electronic or paper format. The deadline for electronic and paper format is based on the local time for each USDA Rural Development State Office. Users of grants.gov will be able to download a copy of the application package, complete it off line, and then upload and submit the application via the grants.gov site. You may not e-mail an electronic copy of a grant application to RHS; however, the Agency encourages your participation in grants.gov. The following are useful tips and instructions on how to use the Web site: • 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. RHS strongly recommends that you do not wait until the application deadline date to begin the application process through grants.gov. To use grants.gov, applicants must have a DUNS number. • You may submit all documents electronically through the Web site, including all information typically included on the Application for Rural Housing Preservation Grants, and all necessary assurances and certifications. • Your application must comply with any page limit requirements described in this NOFA. • After you electronically submit your application through the Web site, you will receive an automatic acknowledgement from grants.gov that contains a grants.gov tracking number. • RHS may request that you provide original signatures on forms at a later date. • You must meet the closing date and local time deadline. If you experience technical difficulties on the closing date and are unable to meet the 5 p.m. (Washington, DC time) deadline, print out your application and submit it to your State Office. IV. Application and Submission Information Applicants wishing to apply for assistance must make its statement of activities available to the public for comment. The applicant(s) must announce the availability of its statement of activities for review in a newspaper of general circulation in the project area and allow at least 15 days for public comment. The start of this 15-day period must occur no later than 16 days prior to the last day for acceptance of pre-applications by RHS. Applicants must also contact the Rural Development State Office serving the place in which they desire to submit an application to receive further information and copies of the application package. Rural Development will date and time stamp incoming applications to evidence timely receipt, and, upon request, will provide the applicant with a written acknowledgment of receipt. A listing of Rural Development State Offices, their addresses, telephone numbers, and person to contact follows: Note: Telephone numbers listed are not toll-free. Alabama State Office Suite 601, Sterling Centre, 4121 Carmichael Road, Montgomery, AL 36106-3683,

(334)279-3400, TDD

(334)279-3495, James B. Harris. Alaska State Office 800 West Evergreen, Suite 201, Palmer, AK 99645,

(907)761-7740, TDD

(907)761-8905, Debbie Andrys. Arizona State Office Phoenix Courthouse and Federal Building, 230 North First Ave., Suite 206, Phoenix, AZ 85003-1706,

(602)280-8766, TDD

(602)280-8706, Kathy Wilhelm. Arkansas State Office 700 W. Capitol Ave., Rm. 3416, Little Rock, AR 72201-3225,

(501)301-3258,TDD

(501)301-3063, Clinton King. California State Office 430 G Street, #4169, Davis, CA 95616-4169,

(530)934-4614 ext. 123, TDD

(530)792-5848, Linda Eveland. Colorado State Office 655 Parfet Street, Room E100, Lakewood, CO 80215,

(720)544-2923, TDD

(800)659-2656, Mary Summerfield. Connecticut Served by Massachusetts State Office Delaware and Maryland State Office 1221 College Park Drive, Suite 200, Dover, DE 19904,

(302)857-3615, TDD

(302)857-3585, Pat Baker. Florida & Virgin Islands State Office, 4440 NW. 25th Place, Gainesville, FL 32606-6563,

(352)338-3465, TDD

(352)338-3499, Elizabeth M. Whitaker. Georgia State Office Stephens Federal Building, 355 E. Hancock Avenue, Athens, GA 30601-2768,

(706)546-2164, TDD

(706)546-2034, Wayne Rogers. Hawaii State Office (Services all Hawaii, American Samoa, Guam, and Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720,

(808)933-8300, TDD

(808)933-8321, Gayle Kuheana. Idaho State Office Suite A1, 9173 West Barnes Dr., Boise, ID 83709,

(208)378-5628, TDD

(208)378-5644, Miriam Haylett. Illinois State Office 2118 West Park Court, Suite A, Champaign, IL 61821-2986,

(217)403-6222, TDD

(217)403-6240, Barry L. Ramsey. Indiana State Office 5975 Lakeside Boulevard, Indianapolis, IN 46278,

(317)290-3100 (ext. 423), TDD

(317)290-3343,Stephen Dye. Iowa State Office 210 Walnut Street Room 873, Des Moines, IA 50309,

(515)284-4493, TDD

(515)284-4858, Sue Wilhite. Kansas State Office 1303 SW First American Place, Suite 100, Topeka, KS 66604-4040,

(785)271-2721, TDD

(785)271-2767, Virginia M. Hammersmith. Kentucky State Office 771 Corporate Drive, Suite 200, Lexington, KY 40503,

(859)224-7325, TDD

(859)224-7422, Beth Moore. Louisiana State Office 3727 Government Street, Alexandria, LA 71302,

(318)473-7962, TDD

(318)473-7655, Yvonne R. Emerson. Maine State Office 967 Illinois Ave., Suite 4, P.O. Box 405, Bangor, ME 04402-0405,

(207)990-9110, TDD

(207)942-7331, Bob Nadeau. Maryland Served by Delaware State Office. Massachusetts, Connecticut, & Rhode Island State Office 451 West Street Suite 2, Amherst, MA 01002,

(413)253-4315, TDD

(413)253-4590, Paul Geoffroy. Michigan State Office 3001 Coolidge Road, Suite 200, East Lansing, MI 48823,

(517)324-5192, TDD

(517)337-6795, Ghulam R. Simbal. Minnesota State Office 375 Jackson Street Building, Suite 410,St. Paul, MN 55125,

(651)602-7804, TDD

(651)602-7830, Thomas Osborne. Mississippi State Office Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 39269,

(601)965-4325, TDD

(601)965-5850, Darnella Smith-Murray. Missouri State Office 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203,

(573)876-9303, TDD

(573)876-9480, Becky Eftink. Montana State Office 900 Technology Blvd, Suite B, Bozeman, MT 59718,

(406)585-2515, TDD

(406)585-2562, Deborah Chorlton. Nebraska State Office Federal Building, room 152, 100 Centennial Mall N, Lincoln, NE 68508,

(402)437-5035, TDD

(402)437-5093, Sharon Kluck. Nevada State Office 1390 South Curry Street, Carson City, NV 89703-5146,

(775)887-1222 (ext. 25), TDD

(775)885-0633, Angilla Denton. New Hampshire State Office Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH 03301-5004,

(603)223-6046, TDD

(603)229-0536, Jim Fowler. New Jersey State Office 5th Floor North, Suite 500, 8000 Midlantic Drive, Mt. Laurel, NJ 08054,

(856)787-7740, TDD

(856)787-7784, George Hyatt, Jr. New Mexico State Office 6200 Jefferson St., NE, Room 255, Albuquerque, NM 87109,

(505)761-4944, TDD

(505)761-4938, Carmen N. Lopez. New York State Office The Galleries of Syracuse, 441 S. Salina Street, Suite 357 5th Floor, Syracuse, NY 13202,

(315)477-6404, TDD

(315)477-6447, Tia Baker. North Carolina State Office 4405 Bland Road, Suite 260, Raleigh, NC 27609,

(919)873-2066, TDD

(919)873-2003, William A. Hobbs. North Dakota State Office Federal Building, Room 208, 220 East Rosser, PO Box 1737, Bismarck, ND 58502,

(701)530-2046, TDD

(701)530-2113, Barry Borstad. Ohio State Office Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2477,

(614)255-2418, TDD

(614)255-2554, Melodie Taylor-Ward. Oklahoma State Office 100 USDA, Suite 108, Stillwater, OK 74074-2654,

(405)742-1070, TDD

(405)742-1007, Ivan Graves. Oregon State Office 1201 NE Lloyd Blvd., Suite 801, Portland, OR 97232,

(503)414-3351, TDD (503)414-3387, Diana Chappell. Pennsylvania State Office One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,

(717)237-2282, TDD

(717)237-2261, Martha E. Hanson. Puerto Rico State Office IBM Building, Suite 601, Munoz Rivera Ave. #654, San Juan, PR 00918,

(787)766-5095 (ext. 249), TDD

(787)766-5332, Lourdes Colon. Rhode Island Served by Massachusetts State Office South Carolina State Office Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201,

(803)253-3432, TDD

(803)765-5697, Larry D. Floyd. South Dakota State Office Federal Building, Room 210, 200 Fourth Street, SW., Huron, SD 57350,

(605)352-1132, TDD

(605)352-1147, Roger Hazuka or Pam Reilly. Tennessee State Office Suite 300, 3322 West End Avenue, Nashville, TN 37203-1084,

(615)783-1375, TDD

(615)783-1397, Larry Kennedy. Texas State Office Federal Building, Suite 102, 101 South Main, Temple, TX 76501,

(254)742-9758, TDD

(254)742-9712, Julie Hayes. Utah State Office Wallace F. Bennett Federal Building, 125 S. State Street, Room 4311, Salt Lake City, UT 84138,

(801)524-4325, TDD

(801)524-3309, Janice Kocher. Vermont State Office City Center, 3rd Floor 89 Main Street, Montpelier, VT 05602,

(802)828-6021, TDD

(802)223-6365, Heidi Setien. Virgin Islands Served by Florida State Office Virginia State Office Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 23229,

(804)287-1596, TDD

(804)287-1753, CJ Michels. Washington State Office 1835 Black Lake Blvd., Suite B, Olympia, WA 98512,

(360)704-7730, TDD

(360)704-7742, Robert L. Lund. Western Pacific Territories Served by Hawaii State Office West Virginia Parkersburg West Virginia County Office, 91 Boyles Lane, Parkersburg, WV 26104,

(304)422-9070, TDD

(304)284-4836, Penny Thaxton. Wisconsin State Office 4949 Kirschling Court, Stevens Point, WI 54481,

(715)345-7608 (ext.151), TDD

(715)345-7614, Peter Kohnen. Wyoming State Office PO Box 82601, Casper, WY 82602-5006,

(307)233-6715, TDD

(307)233-6733, Jack Hyde. FOR FURTHER INFORMATION CONTACT: For general information, applicants may contact Bonnie Edwards-Jackson, Senior Loan Specialist, Multi-Family Housing Processing Division, Rural Housing Service, United States Department of Agriculture, Stop 0781, 1400 Independence Avenue, SW., Washington, DC, 20250-0781, telephone

(202)690-0759 (voice) (this is not a toll free number) or

(800)877-8339 (TDD-Federal Information Relay Service) or via e-mail at, *Bonnie.Edwards@wdc.usda.gov* . V. Application Review Information All applications for Section 533 funds must be filed with the appropriate Rural Development State Office and must meet the requirements of this Notice and 7 CFR part 1944, subpart N. Pre-applications determined not eligible and/or not meeting the selection criteria will be notified by the Rural Development State Office. All applicants will file an original and two copies of Standard Form

(SF)424, “Application For Federal Assistance,” and supporting information with the appropriate Rural Development State Office. A pre-application package, including SF-424, is available in any Rural Development State Office. All preapplications shall be accompanied by the following information which Rural Development will use to determine the applicant's eligibility to undertake the HPG program and to evaluate the preapplication under the project selection criteria of § 1944.679 of 7 CFR part 1944, subpart N.

(a)A statement of activities proposed by the applicant for its HPG program as appropriate to the type of assistance the applicant is proposing, including:

(1)A complete discussion of the type of and conditions for financial assistance for housing preservation, including whether the request for assistance is for a homeowner assistance program, a rental property assistance program, or a cooperative assistance program;

(2)The process for selecting recipients for HPG assistance, determining housing preservation needs of the dwelling, performing the necessary work, and monitoring/inspecting work performed;

(3)A description of the process for identifying potential environmental impacts in accordance with 7 CFR 1944.672 and the provisions for compliance with Stipulation I, A-G of the Programmatic Memorandum of Agreement, also known as PMOA, (RD Instruction 2000-FF, available in any Rural Development State Office) in accordance with 7 CFR 1944.673(b);

(4)The development standard(s) the applicant will use for the housing preservation work; and, if not the Rural Development standards for existing dwellings, the evidence of its acceptance by the jurisdiction where the grant will be implemented;

(5)The time schedule for completing the program;

(6)The staffing required to complete the program;

(7)The estimated number of very low- and low-income minority and non-minority persons the grantee will assist with HPG funds; and, if a rental property or cooperative assistance program, the number of units and the term of restrictive covenants on their use for very low- and low-income;

(8)The geographical area(s) to be served by the HPG program;

(9)The annual estimated budget for the program period based on the financial needs to accomplish the objectives outlined in the proposal. The budget should include proposed direct and indirect administrative costs, such as personnel, fringe benefits, travel, equipment, supplies, contracts, and other cost categories, detailing those costs for which the grantee proposes to use the HPG grant separately from non-HPG resources, if any. The applicant budget should also include a schedule (with amounts) of how the applicant proposes to draw HPG grant funds, i.e., monthly, quarterly, lump sum for program activities, etc.;

(10)A copy of a indirect cost proposal as required in 7 CFR parts 3015, 3016, and 3019, when the applicant has another source of federal funding in addition to the Rural Development HPG program;

(11)A brief description of the accounting system to be used;

(12)The method of evaluation to be used by the applicant to determine the effectiveness of its program. The evolution method should include the requirements for quarterly reports to Rural Development in accordance with 7 CFR § 1944.683(b) and the monitoring plan for rental properties and cooperatives (when applicable) according to 7 CFR § 1944.689;

(13)The source and estimated amount of other financial resources to be obtained and used by the applicant for both HPG activities and housing development and/or supporting activities;

(14)The use of program income, if any, and the tracking system used for monitoring same;

(15)The applicant's plan for disposition of any security instruments held by them as a result of its HPG activities in the event of its loss of legal status;

(16)Any other information necessary to explain the proposed HPG program; and

(17)The outreach efforts outlined in 7 CFR 1944.671(b).

(b)Complete information about the applicant's experience and capacity to carry out the objectives of the proposed HPG program.

(c)Evidence of the applicant's legal existence, including, in the case of a private nonprofit organization, a copy of or an accurate reference to, the specific provisions of State law under which the applicant is organized; a certified copy of the applicant's Articles of Incorporation and Bylaws or other evidence of corporate existence; certificate of incorporation for entities other than public bodies; evidence of good standing from the State when the corporation has been in existence 1 year or more; and the names and addresses of the applicant's members, directors and officers. If other organizations are members of the applicant-organization, or the applicant is a consortium, pre-applications should be accompanied by the names, addresses, and principal purpose of the other organizations. If the applicant is a consortium, documentation showing compliance with paragraph (4)(ii) under the definition of “organization” in 7 CFR 1944.656 must also be included.

(d)For a private nonprofit entity, the most recent audited statement and a current financial statement dated and signed by an authorized officer of the entity showing the amounts and specific nature of assets and liabilities together with information on the repayment schedule and status of any debt(s) owed by the applicant.

(e)A brief statement which includes information about the area to be served and the need for improved housing (including both percentage and the actual number of both low-income and low-income minority households and substandard housing for the area to be covered by HPG funds), the need for the type of housing preservation assistance being proposed, the anticipated use of HPG resources for historic properties, the method of evaluation to be used by the applicant in determining the effectiveness of its efforts.

(f)Applicant must submit an original and one copy of Form RD 1940-20 prepared in accordance with Exhibit F-1 of RD Instruction 1944-N (available in any Rural Development State Office).

(g)Applicant must also submit a description of its process for:

(1)Identifying and rehabilitating properties listed on or eligible for listing on the National Register of Historic Places;

(2)Identifying properties that are located in a floodplain or wetland;

(3)Identifying properties located within the Coastal Barrier Resources System; and

(4)Coordinating with other public and private organizations and programs that provide assistance in the rehabilitation of historic properties (Stipulation I, D, of the PMOA, RD Instruction 2000-FF, available in any Rural Development State Office).

(h)The applicant must also submit evidence of the State Historic Preservation Office's

(SHPO)concurrence in the proposal, or in the event of nonconcurrence, a copy of SHPO's comments together with evidence that the applicant has received information from the Advisory Council on Historic Preservation's advice as to how the disagreement might be resolved, and a copy of any advice provided by the Council.

(i)The applicant must submit written statements and related correspondence reflecting compliance with § 1944.674

(a)and

(c)of 7 CFR part 1944, subpart N regarding consultation with local government leaders in the preparation of its program and the consultation with local and state government pursuant to the provisions of Executive Order 12372.

(j)The applicant is to make its statement of activities available to the public for comment prior to submission to Rural Development pursuant to § 1944.674

(b)of 7 CFR part 1944, subpart N. The application must contain a description of how the comments (if any were received) were addressed.

(k)The applicant must submit an original and one copy of Form RD 400-1, “Equal Opportunity Agreement,” and Form 400-4, “Assurance Agreement,” in accordance with § 1944.676 of 7 CFR part 1944, subpart N. Applicants should review 7 CFR part 1944, subpart N for a comprehensive list of all application requirements. IV. Selection Criteria The Rural Development State Offices will utilize the project selection criteria for applicants in accordance with § 1944.679. In addition to the criteria established in 7 CFR part 1944.679 and in an effort to implement USDA's nationwide initiative to promote renewable energy and energy conservation, Rural Development

(888)782-7939 or

(888)588-9920 (TTY). (5 points) In the event more than one preapplication receives the same amount of points, those preapplications will then be ranked based on the actual percentage figure used for determining the points. Further, in the event that preapplications are still tied, then those pre-applications still tied will be ranked based on the percentage for HPG fund use (low to high). Further, for applications where assistance to rental properties or cooperatives is proposed, those still tied will be further ranked based on the number of years the units are available for occupancy under the program (a minimum of 5 years is required). For this part, ranking will be based from most to least number of years. Finally, if there is still a tie, then a lottery system will be used. Dated: April 12, 2007. Russell T. Davis, Administrator Rural Housing Service. [FR Doc. E7-7455 Filed 4-18-07; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF COMMERCE International Trade Administration (A-580-816) Corrosion-Resistant Carbon Steel Flat Products from Korea: Extension of Time Limits for the Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Victoria Cho at

(202)482-5075, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On September 29, 2006, the U.S. Department of Commerce (“Department”) published a notice of initiation of the administrative review of the antidumping duty order on corrosion-resistant carbon steel flat products from Korea, covering the period August 1, 2005 to July 31, 2006. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 57465 (September 29, 2006). The preliminary results of this review are currently due no later than May 3, 2007. Extension of Time Limit of Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results by up to 120 days. We determine that completion of the preliminary results of this review within the 245-day period is not practicable for the following reasons. This review covers three companies, and to conduct the sales and cost analyses for each company requires the Department to gather, analyze and verify a significant amount of information pertaining to each company's sales practices, manufacturing costs and corporate relationships. Given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of review by 120 days. Therefore, the preliminary results are now due no later than August 31, 2007. The final results continue to be due 120 days after publication of the preliminary results. Dated: April 11, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-7385 Filed 4-18-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-888] Notice of Amended Final Results of Antidumping Duty Administrative Review: Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 21, 2007, the U.S. Department of Commerce (the Department) published the final results of the administrative review of the antidumping duty order on floor-standing, metal-top ironing tables and certain parts thereof (ironing tables) from the People's Republic of China (PRC), covering the period of review

(POR)February 3, 2004, through July 31, 2005. *See Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review* , 72 FR 13239 (March 21, 2007) ( *Final Results* ). We are amending our Final Results to correct ministerial errors made in the calculations of the dumping margins for Since Hardware (Guangzhou) Co., Ltd. (Since Hardware), pursuant to section 751(h) of the Tariff Act of 1930, as amended (the Act). EFFECTIVE DATE: April 19, 2007. FOR FURTHER INFORMATION CONTACT: Kristina Horgan or Bobby Wong, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-8173 or

(202)482-0409, respectively. SUPPLEMENTARY INFORMATION: Background On March 21, 2007, the Department published the *Final Results* and corresponding issues and decision memorandum. *See* Memorandum to David M. Spooner, Assistant Secretary for Import Administration, from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, titled *Issues and Decision Memorandum for the Final Results in the First Administrative Review of Floor-standing, Metal-top Ironing Tables and Certain Parts Thereof from the People's Republic of China* (March 12, 2007). On March 27, 2007, Since Hardware filed a timely allegation that the Department made certain ministerial errors in the *Final Results* . On March 27, 2007, petitioner Home Products International, Inc. filed rebuttal comments to the ministerial error allegations submitted by Since Hardware. No other interested party submitted ministerial error allegations or comments. Scope of Order For purposes of this review, the product covered consists of floor-standing, metal-top ironing tables, assembled or unassembled, complete or incomplete, and certain parts thereof. The subject tables are designed and used principally for the hand ironing or pressing of garments or other articles of fabric. The subject tables have full-height leg assemblies that support the ironing surface at an appropriate (often adjustable) height above the floor. The subject tables are produced in a variety of leg finishes, such as painted, plated, or matte, and they are available with various features, including iron rests, linen racks, and others. The subject ironing tables may be sold with or without a pad and/or cover. All types and configurations of floor-standing, metal-top ironing tables are covered by this review. Furthermore, this scope specifically covers imports of ironing tables, assembled or unassembled, complete or incomplete, and certain parts thereof. For purposes of this review, the term “unassembled” ironing table means a product requiring the attachment of the leg assembly to the top or the attachment of an included feature such as an iron rest or linen rack. The term “complete” ironing table means product sold as a ready-to-use ensemble consisting of the metal-top table and a pad and cover, with or without additional features, *e.g.* iron rest or linen rack. The term “incomplete” ironing table means product shipped or sold as a “bare board” - *i.e.* , a metal-top table only, without the pad and cover - with or without additional features, *e.g.* iron rest or linen rack. The major parts or components of ironing tables that are intended to be covered by this order under the term “certain parts thereof” consist of the metal top component (with or without assembled supports and slides) and/or the leg components, whether or not attached together as a leg assembly. The scope covers separately shipped metal top components and leg components, without regard to whether the respective quantities would yield an exact quantity of assembled ironing tables. Ironing tables without legs (such as models that mount on walls or over doors) are not floor-standing and are specifically excluded. Additionally, tabletop or countertop models with short legs that do not exceed 12 inches in length (and which may or may not collapse or retract) are specifically excluded. The subject ironing tables were previously classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 9403.20.0010. Effective July 1, 2003, the subject ironing tables are classified under new HTSUS subheading 9403.20.0011. The subject metal top and leg components are classified under HTSUS subheading 9403.90.8040. Although the HTSUS subheadings are provided for convenience and for Customs and Border Protection

(CBP)purposes, the Department's written description of the scope remains dispositive. Ministerial Errors A ministerial error is defined in section 751(h) of the Tariff Act of 1930, as amended (the Act), and further clarified in 19 CFR 351.224(f) as “an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.” After analyzing all interested parties' comments, we have determined, in accordance with 19 CFR 351.224(e), that while some alleged errors were not ministerial, by definition, ( *i.e.* , surrogate financial ratio calculations and not providing an opportunity for comment on a certain issue), one ministerial error existed with respect to the calculation of the surrogate value for cold-rolled steel that was used in the Since Hardware margin calculation for the *Final Results* . For a detailed discussion of these ministerial error allegations, as well as the Department's analysis, *see* Memorandum to James C. Doyle, Office Director, AD/CVD Operations, Office 9, through Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, from Kristina Horgan and Bobby Wong, International Trade Analysts, AD/CVD Operations, Office 9, titled *2004/2005 Antidumping Duty Administrative Review of Final Results of Antidumping Administrative Review of Floor-standing, Metal-top Ironing Tables and Certain Parts Thereof from the People's Republic of China: Analysis of Ministerial Error Allegations* (April 12, 2007) (Ministerial Error Allegation Memorandum). The Ministerial Error Allegation Memorandum is on file in the Central Records Unit, room B-099 of the Department of Commerce. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the *Final Results* of the administrative review of ironing tables from the PRC. The revised weighted-average dumping margins are listed below. For company-specific calculations, see Memorandum to The File, through Christopher D. Riker, Program Manager, AD/CVD Operations, Office 9, from Bobby Wong, International Trade Analyst, AD/CVD Operations, Office 9, titled *Administrative Review of Floor standing, Metal-top Ironing Tables and Certain Parts Thereof (Ironing Tables) from the People's Republic of China (PRC): Since Hardware (Guangzhou) Co., Ltd. (Since Hardware) Amended Final Analysis Memorandum* . The revised final weighted-average dumping margin for Since Hardware is: Exporter Margin (percent) Since Hardware (Guangzhou) Co., Ltd. 0.45%% ( *de minimis* ) The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the assessment of antidumping duties on all appropriate entries, see *Final Results* . These amended final results are published in accordance with sections 751(h) and 777(I)(1) of the Act. Dated: April 12, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-7449 Filed 4-18-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-905 Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 19, 2007 SUMMARY: On December 26, 2006, the Department of Commerce (the “Department”) published its preliminary determination of sales at less than fair value (“LTFV”) in the antidumping investigation of certain polyester staple fiber (“PSF”) from the People's Republic of China (“PRC”). The period of investigation (“POI”) is October 1, 2005, to March 31, 2006. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. The final dumping margins for this investigation are listed in the “Final Determination Margins” section below. FOR FURTHER INFORMATION CONTACT: Michael Holton or Paul Walker, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-1324 or

(202)482-0413, respectively. Final Determination We determine that PSF from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (“the Act”). The estimated margins of sales at LTFV are shown in the “Final Determination Margins” section of this notice. SUPPLEMENTARY INFORMATION: Case History The Department published its preliminary determination of sales at LTFV on December 26, 2006. *See Preliminary Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China* , 71 FR 77373 (December 26, 2006) (“ *Preliminary Determination* ”). Between January 8 and February 16, 2007, the Department conducted verifications of Cixi Jiangnan Chemical Fiber Co. Ltd. (“Cixi Jiangnan”), Far Eastern Industries (Shanghai) Ltd. (“Far Eastern”), Hangzhou Huachuang Co., Ltd. (“Hangzhou Huachuang”), Jiaxing Fuda Chemical Fibre Factory (“Fuda”), Ningbo Dafa Chemical Fiber Co., Ltd. (“Ningbo Dafa”) and Zhaoqing Tifo New Fiber Co., Ltd. (“Tifo”). *See* the “Verification” section below for additional information. We invited parties to comment on the *Preliminary Determination* . On March 15, 2007, the Petitioners, 1 Insituform Technologies, Inc. (“ITI”), Ashley Furniture Industries, Inc. (“Ashley”), Fibertex Corporation (“Fibertex”) 2 , Far Eastern, Cixi Jiangnan and Ningbo Dafa filed case briefs. On March 20, 2007, the Petitioners, Far Eastern, Cixi Jiangnan and Ningbo Dafa filed rebuttal briefs. All parties that submitted a timely request for a hearing in this case withdrew those requests. Therefore, the Department did not hold a hearing. 1 Dak Americas LLC., Nan Ya Plastics Corporation America, and Wellman, Inc. 2 ITI, Ashley and Fibertex are interested parties who are U.S. importers of PSF. Ashley and Fibertex submitted joint case briefs. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the “Investigation of Certain Polyester Staple Fiber from the People's Republic of China: Issues and Decision Memorandum,” dated April 10, 2007, which is hereby adopted by this notice (“Issues and Decision Memorandum”). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issue and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”), Main Commerce Building, Room B-099, and is accessible on the Web at *http://www.trade.gov/ia* . The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of comments received, we have made changes to the margin calculation for Cixi Jiangnan, Far Eastern and Ningbo Dafa as follows. We have made the following changes to Cixi Jiangnan's margin calculation: Other than the issues discussed below, we have determined to not include marine insurance from Cixi Jiangan's CNF market economy purchases. At verification, Cixi Jiangnan provided information that it did not incur marine insurance. For a detailed analysis of Cixi Jiangnan's margin calculation, *see* Final Determination in the Investigation of Certain Polyester Staple Fiber from the People's Republic of China: Analysis Memorandum for Cixi Jiangnan Fiber Co. Ltd., dated April 10, 2007. We have made the following changes to Far Eastern's margin calculation: Other than the issues discussed below, we have determined to include the additional international freight expense that Far Eastern reported as a minor correction to its market economy international freight expense. Furthermore, we have also determined to make an adjustment to Far Eastern's reported scrap by-product by capping it at the level of scrap it actually produced during the POI. Finally, we have determined to use a surrogate value for Far Eastern's purchases of EG from its affiliated supplier. *See* below and Issues and Decision Memorandum at Comment 21. For a detailed analysis of Far Eastern's margin calculation, *see* Final Determination in the Investigation of Certain Polyester Staple Fiber from the People's Republic of China: Analysis Memorandum for Far Eastern Industries (Shanghai) Ltd., dated April 10, 2007. We have made the following changes to Ningbo Dafa's margin calculation: We have determined that it is appropriate to apply partial facts available to Ningbo Dafa. As noted below in the “Facts Available” Section, we are applying the color-specific market economy purchase prices of Ningbo Dafa's PET flake invoices to the surrogate value of PET flake, based on the CONNUM of the finished PSF. *See* below and Issues and Decision Memorandum at Comment 25. For a detailed analysis of Ningbo Dafa's margin calculation, *see see* Final Determination in the Investigation of Certain Polyester Staple Fiber from the People's Republic of China: Analysis Memorandum for Ningbo Dafa Chemical Fiber Co., Ltd., dated April 10, 2007. In addition, the Department has made changes to its calculation of the brokerage and handling, PSF wastes and by-product surrogate values as described in the Issues and Decision Memorandum at Comments 5 through 9. Moreover, the Department has made changes to its calculation of surrogate financial ratios as described in the Issues and Decision Memorandum at Comment 12. The Department has also revised the surrogate value for labor to $0.83, using a revised expected wage rate posted on the Department's website on February 2, 2007. Further, the Department determines that it is appropriate to apply the methodology described in the December 27, 2006, **Federal Register** Notice regarding the treatment of negative margin to this investigation. *See* Issues and Decision Memorandum at Comment 4 and *Final Modification; Calculation of the Weighted-Average Dumping Margin During an Antidumping Investigation* , 71 FR 77722 (December 27, 2006). Scope of Investigation The merchandise subject to this proceeding is synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This merchandise is cut to lengths varying from one inch (25 mm) to five inches (127 mm). The subject merchandise may be coated, usually with a silicon or other finish, or not coated. PSF is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. The following products are excluded from the scope:

(1)PSF of less than 3.3 decitex (less than 3 denier) currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) at subheading 5503.20.0025 and known to the industry as PSF for spinning and generally used in woven and knit applications to produce textile and apparel products;

(2)PSF of 10 to 18 denier that are cut to lengths of 6 to 8 inches and that are generally used in the manufacture of carpeting; and

(3)low-melt PSF defined as a bi-component fiber with an outer, non-polyester sheath that melts at a significantly lower temperature than its inner polyester core (classified at HTSUS 5503.20.0015). Certain PSF is classifiable under the HTSUS subheadings 5503.20.0045 and 5503.20.0065. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive. Scope Comments We received scope comments from ITI. However, these scope comments contained untimely and new factual information and were rejected by the Department. *See* the Department's letter dated March 19, 2007. No other interested party submitted scope comments since the *Preliminary Determination* . Therefore, we have not changed the scope from the *Initiation Notice* . *See Initiation of Antidumping Duty Investigation: Certain Polyester Staple Fiber from the People's Republic of China* , 71 FR 41201 (July 20, 2006) (“ *Initiation Notice* ”). Facts Available Section 776(a)(2) of the Act provides that if an interested party:

(A)withholds information that has been requested by the Department;

(B)fails to provide such information in a timely manner or in the form or manner requested, subject to subsections 782(c)(1) and

(e)of the Act;

(C)significantly impedes a determination under the antidumping statute; or

(D)provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination. Section 782(c)(1) of the Act provides that, if an interested party promptly notifies the Department that it is unable to submit the information in the requested form and manner, together with a full explanation and suggested alternative forms in which such party is able to submit the information, the Department shall take into consideration the ability of the party to submit the information in the requested form and manner and may modify such requirements to the extent necessary to avoid imposing an unreasonable burden on that party. For this final determination, in accordance with section 776(a)(2)(B) of the Act and 782(c)(1) of the Act, we have determined that the use of neutral facts available is appropriate for Ningbo Dafa's PET flake. *See* Issues and Decision Memorandum at Comment 20. As neutral facts available, we are applying the color-specific, market economy purchase prices of Ningbo Dafa's PET flake invoices to value PET flake, based on the CONNUM of the finished PSF. *See* Analysis for the Final Determination of Certain Polyester Staple Fiber from the People's Republic of China: Ningbo Dafa Chemical Fiber Co., Ltd., dated April 10, 2007. Verification As provided in section 782(i) of the Act, we verified the information submitted by the respondents and three separate rate applicants for use in our final determination. *See* the Department's verification reports on the record of this investigation in the CRU with respect to Cixi Jiangnan, Far Eastern, Hangzhou Huachuang, Fuda, Ningbo Dafa and Tifo. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. Surrogate Country In the *Preliminary Determination* , we stated that we had selected India as the appropriate surrogate country to use in this investigation for the following reasons:

(1)It is a significant producer of comparable merchandise;

(2)it is at a similar level of economic development pursuant to 773(c)(4) of the Act; and

(3)we have reliable data from India that we can use to value the factors of production. *See Preliminary Determination* . For the final determination, we received no comments and made no changes to our findings with respect to the selection of a surrogate country. Separate Rates In proceedings involving non-market-economy (“NME”) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department's policy to assign all exporters of merchandise subject to an investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. *See Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China* , 56 FR 20588 (May 6, 1991) (“ *Sparklers* ”), as amplified by *Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China* , 59 FR 22585 (May 2, 1994) (“ *Silicon Carbide* ”), and Section 351.107(d) of the Department's regulations. In the *Preliminary Determination* , we found that Cixi Jiangnan, Far Eastern and Ningbo Dafa, and the separate rate applicants who received a separate rate (“Separate Rate Applicants”) in the *Preliminary Determination* demonstrated their eligibility for separate-rate status. For the final determination, we continue to find that the evidence placed on the record of this investigation by Cixi Jiangnan, Far Eastern and Ningbo Dafa, and the Separate Rate Applicants demonstrate both a *de jure* and *de facto* absence of government control, with respect to their respective exports of the merchandise under investigation, and, thus are eligible for separate rate status. The PRC-Wide Rate In the *Preliminary Determination* , the Department found that certain companies and the PRC-wide entity did not respond to our requests information. In the Preliminary Determination we treated these PRC producers/exporters as part of the PRC-wide entity because they did not demonstrate that they operate free of government control over their export activities. No additional information has been placed on the record with respect to these entities after the *Preliminary Determination* . The PRC-wide entity has not provided the Department with the requested information; therefore, pursuant to section 776(a)(2)(A) of the Act, the Department continues to find that the use of facts available is appropriate to determine the PRC-wide rate. Section 776(b) of the Act provides that, in selecting from among the facts otherwise available, the Department may employ an adverse inference if an interested party fails to cooperate by not acting to the best of its ability to comply with requests for information. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation* , 65 FR 5510, 5518 (February 4, 2000). *See also, “Statement of Administrative Action* ” accompanying the URAA, H.R. Rep. No. 103-316, vol. 1, at 870

(1994)(“ *SAA* ”). We determined that, because the PRC-wide entity did not respond to our request for information, it has failed to cooperate to the best of its ability. Therefore, the Department finds that, in selecting from among the facts otherwise available, an adverse inference is appropriate for the PRC-wide entity. Because we begin with the presumption that all companies within a NME country are subject to government control and because only the companies listed under the “Final Determination Margins” section below have overcome that presumption, we are applying a single antidumping rate - the PRC-wide rate - to all other exporters of subject merchandise from the PRC. Such companies did not demonstrate entitlement to a separate rate. *See, e.g., Synthetic Indigo from the People's Republic of China: Notice of Final Determination of Sales at Less Than Fair Value* , 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all entries of subject merchandise except for entries from the respondents which are listed in the “Final Determination Margins” section below (except as noted). Critical Circumstances In the *Preliminary Determiantion* , we found that there have been massive imports of the subject merchandise over a relatively short period for Far Eastern. In addition, we relied on a period of six months as the period, which was the maximum duration for the information we had available at that time, for comparison in preliminarily determining whether imports of the subject merchandise were massive. For the final determination, however, we collected an additional three months of data from the respondents. After analyzing the additional data, we continue to find that Far Eastern had massive imports of PSF over a relatively short period of time. *See* Memorandum from James C. Doyle, Office Director, to Stephen J. Claeys, Deputy Assistant Secretary, Preliminary Affirmative Determination of Critical Circumstances, (December 15, 2006) at 2-3 (“Critical Circumstances Memo”), dated April 10, 2007. Moreover, we continue to find that Ningbo Dafa, Cixi Jiangnan, the Separate Rates Applicants and the PRC-wide entity did not have massive imports of PSF over a relatively short period of time. *Id* . Corroboration At the *Preliminary Determination* , in accordance with section 776(c) of the Act, we corroborated our adverse facts available (“AFA”) margin by comparing the U.S. price and normal values from the petition to the U.S. price and normal values for the respondents. We continue to find that the margin of 44.30 percent has probative value. *See* Memorandum to the File: Corroboration of the PRC-Wide Facts Available Rate for the Final Determination in the Antidumping Duty Investigation of Certain Polyester Staple Fiber from the People's Republic of China, dated April 10, 2007 (“Final Corroboration Memo”). Accordingly, we find that the rate of 44.30 percent is corroborated within the meaning of section 776(c) of the Act. Final Determination Margins We determine that the following percentage weighted-average margins exist for the POI: PSF from the PRC - Weighted-average Dumping Margins Exporter & Producer Weighted-Average Deposit Rate Cixi Jiangnan Chemical Co., Ltd. de minimis Far Eastern Industries (Shanghai) Ltd. 3.47% Ningbo Dafa Chemical Fiber Co., Ltd. 4.86% Cixi Sansheng Chemical Fiber Co., Ltd. 4.44% Cixi Santai Chemical Fiber Co., Ltd. 4.44% Cixi Waysun Chemical Fiber Co., Ltd. 4.44% Hangzhou Best Chemical Fibre Co., Ltd. 4.44% Hangzhou Hanbang Chemical Fibre Co., Ltd. 4.44% Hangzhou Huachuang Co., Ltd. 4.44% Hangzhou Sanxin Paper Co., Ltd. 4.44% Hangzhou Taifu Textile Fiber Co., Ltd. 4.44% Jiaxang Fuda Chemical Fibre Factory 4.44% Nantong Luolai Chemical Fiber Co. Ltd. 4.44% Nanyang Textile Co., Ltd. 4.44% Suzhou PolyFiber Co., Ltd. 4.44% Xiamen Xianglu Fiber Chemical Co. 4.44% Zhaoqing Tifo New Fiber Co., Ltd. 4.44% Zhejiang Anshun Pettechs Fibre Co., Ltd. 4.44% Zhejiang Waysun Chemical Fiber Co., Ltd. 4.44% PRC-Wide Rate 44.30% Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (“CBP”) to continue to suspend liquidation of all entries of subject merchandise from Ningo Dafa, the Separate Rate Applicants and the PRC-wide entity entered, or withdrawn from warehouse, for consumption on or after December 26, 2006, the date of publication of the *Preliminary Determination* . CBP shall continue to require a cash deposit or the posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. The Department continues to find that critical circumstances exist for Far Eastern therefore, the Department will direct the CBP suspend liquidation of any entries of PSF from the PRC as described in the “Scope of Investigation” section, that are entered, or withdrawn from warehouse, for consumption 90 days before the date of publication of this notice in the **Federal Register** . These suspension of liquidation instructions will remain in effect until further notice. With respect to Cixi Jiangnan, the Department will instruct CBP not to suspend liquidation of any entries of PSF from the PRC as described in the “Scope of Investigation” section, that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . The Department will not require any cash deposit or posting of a bond for Cixi Jiangnan when the subject merchandise is produced and exported by Cixi Jiangnan. These suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (“ITC”) of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, within 45 days the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to the parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: April 10, 2007. David M. Spooner, Assistant Secretary for Import Administration. Appendix I Changes from the Preliminary Determination General Comments: *Comment 1:* Zeroing/Targeted Dumping *Comment 2:* Adjustments to Market Economy Purchases-Foreign Inland Freight *Comment 3:* Adjustments to Market Economy Purchases-Foreign Brokerage & Handling *Comment 4:* Adjustments to Market Economy Purchases-Application of PRC Duties Surrogate Value Comments: *Comment 5:* Surrogate Value for Brokerage & Handling *Comment 6:* Surrogate Value for Waste Inputs *Comment 7:* Surrogate Value for Polymer Polyester Staple Fiber Waste *Comment 8:* Surrogate Value for Lump, Popcorn or X-ray Film *Comment 9:* Surrogate Value for Scrap Waste By-Product *Comment 10:* Surrogate Value for Labor *Comment 11:* Surrogate Value for Alkali Flake *Comment 12:* Calculation of Surrogate Financial Ratios *Comment 13:* General Export Subsidy Countries and Market Economy Inputs Company Specific Comments - Cixi Jiangnan: *Comment 14:* Cixi Jiangnan's Sales to Trading Companies *Comment 15:* Cixi Jiangnan's International Freight for Its U.S. Sales *Comment 16:* Cixi Jiangnan's Indirect Labor *Comment 17:* Insurance for Cixi's Market Economy Purchases Company Specific Comments - Far Eastern: *Comment 18:* Far Eastern's Critical Circumstances *Comment 19:* Far Eastern's Reported Scrap Offsets *Comment 20:* Far Eastern's Bank Charges *Comment 21:* Far Eastern's Market Economy Price for Ethylene Glycol *Comment 22:* Far Eastern's Market Economy Price Adjustments for Purified Terephthalic Acid (“PTA”) *Comment 23:* Far Eastern's Brokerage and Handling Expenses Company Specific Comments - Ningbo Dafa: *Comment 24:* Ningbo Dafa's Consumption of Oils *Comment 25:* Ningbo Dafa's Market Economy Purchases and Factor Usage of PET Flake [FR Doc. E7-7386 Filed 4-18-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-894] Certain Tissue Paper Products from the People's Republic of China: Notice of Extension of Time Limit for Final Results of First Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 19, 2007. FOR FURTHER INFORMATION CONTACT: Kristina Horgan or Bobby Wong, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-8173 or

(202)482-0409, respectively. SUPPLEMENTARY INFORMATION: Background On April 9, 2007, the Department of Commerce (the Department) published in the **Federal Register** the preliminary results of this antidumping duty administrative review. *See Certain Tissue Paper Products from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review* , 72 FR 17477 (April 09, 2007). Extension of Time Limits for Final Results Pursuant to Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and section 351.213(h)(1) of the Department's regulations, the Department shall issue the final results of review within 120 days after the date on which the notice of the preliminary results was published in the **Federal Register** . However, if the Department determines that it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations allow the Department to extend this time period to 180 days. In the instant review, the Department finds that the current deadline for the final results is impracticable. Specifically, the Department requires additional time to conduct verifications of the exporters and their producers and to review and analyze interested party comments, including issues involving alleged third-country shipments of subject merchandise. As a result, the Department has determined to extend the current time limits of this administrative review. For these reasons, the Department is fully extending the time limit for the completion of these final results until no later than Tuesday, October 9, 2007, in accordance with section 751(a)(3)(A) of the Act. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: April 12, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-7452 Filed 4-18-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-580-851] Dynamic Random Access Memory Semiconductors from the Republic of Korea: Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 19, 2007. FOR FURTHER INFORMATION CONTACT: Yasmin Nair at

(202)482-3813 or David Neubacher at

(202)482-5823; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On September 29, 2006, the Department published a notice of initiation of administrative review of the countervailing duty order on dynamic random access memory semiconductors from the Republic of Korea, covering the period January 1, 2005 through December 31, 2005. *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 57465 (September 29, 2006). On December 11, 2006, the petitioner alleged that Hynix Semiconductor, Inc., received new subsidies. Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department of Commerce (“the Department”) to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results of review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. Extension of Time Limits for Preliminary Results This administrative review is extraordinarily complicated due to the complexity of the countervailable subsidy practices found in the investigation and the new subsidy allegations. Because the Department requires additional time to review, analyze, and possibly verify the information, and to issue supplemental questionnaires, if necessary, it is not practicable to complete this review within the originally anticipated time limit ( *i.e.* , by May 3, 2007). Therefore, the Department is extending the time limit for completion of the preliminary results to not later than August 31, 2007, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 12, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-7451 Filed 4-18-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION: Notice of Application to Amend an Export Trade Certificate of Review. SUMMARY: Export Trading Company Affairs (“ETCA”) of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (“Certificate”). This notice summarizes the proposed amendment and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration,

(202)482-5131 (this is not a toll-free number) or e-mail at *oetca@ita.doc.gov.* SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the **Federal Register** identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked privileged or confidential business information will be deemed to be nonconfidential. An original and five

(5)copies, plus two

(2)copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021B, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as “Export Trade Certificate of Review, Ferrous Scrap Export Association (“FSEA”), application number 88-3A015.” FSEA's original Certificate was issued on December 12, 1988 (53 FR 51294, December 21, 1988) and previously amended on February 28, 1989 (54 FR 9542, March 7, 1989); and February 5, 1999 (64 FR 6632, February 10, 1999). Also, a name change was announced changing the name of the FSEA Certificate Member “Witte-Chase Corporation” to “Metro Metal Recycling Corp” (55 FR 13581, April 11, 1990). A summary of the current application for an amendment follows. Summary of the Application *Applicant:* Ferrous Scrap Export Association (“FSEA”), 1209 Orange Street, Wilmington, Delaware 19809. *Contact:* Fuad Rana, Attorney, Telephone:

(202)662-5348. *Application No.:* 88-3A015. *Date Deemed Submitted:* April 5, 2007. *Proposed Amendment:* FSEA seeks to amend its Certificate to: 1. Add each of the following companies as a new “Member” of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Sims Hugo Neu Corporation; HNE Recycling LLC; and HNW Recycling LLC, each located in New York, NY. 2. Change the current Member listing of the trade name “Simsmetal America” to the legal name of “Sims Group USA Corporation”, and change the current Member listing of “Southern Scrap Material Co., Ltd.” to “Southern Recycling, LLC,” due to a company name change. 3. Delete the following companies as “Members” of the Certificate: Metro Metal Recycling Corp., New York, NY, and Proler International Corp., Portland, OR. Dated: April 13, 2007. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E7-7411 Filed 4-18-07; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 032207A] Taking of Marine Mammals Incidental to Specified Activities; On-ice Geotechnical Operations in the Beaufort Sea AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of an incidental harassment authorization. SUMMARY: In accordance with provisions of the Marine Mammal Protection Act

(MMPA)as amended, notification is hereby given that an Incidental Harassment Authorization

(IHA)to take marine mammals, by harassment, incidental to conducting an on-ice marine geotechnical operations in the U.S. Beaufort Sea, has been issued to ConocoPhillips Alaska, Inc

(CPAI)for a period of one year. DATES: This authorization is effective from April 15, 2007, until April 14, 2008. ADDRESSES: A copy of the application, IHA, an Environmental Assessment

(EA)for the proposed action, and a list of references used in this document may be obtained by writing to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by telephoning one of the contacts listed here (see FOR FURTHER INFORMATION CONTACT ). FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS,

(301)713-2289, ext 137 or Brad Smith, Alaska Region, NMFS,

(907)271-5006. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and

(D)of the MMPA (16 U.S.C. 1361 *et seq.* ) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Permission shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as ”...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except for certain categories of activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which

(i)has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or

(ii)has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On November 29, 2006, NMFS received an application from CPAI for the taking, by harassment, of a small number of ringed seals ( *Phoca hispida* ) incidental to conducting geotechnical portions of a site clearance survey just north of Cross Island, in the spring of 2007. The site clearance location will be on the outer continental shelf

(OCS)and State of Alaska leases in the U.S. Beaufort Sea. The proposed operation will be active 24 hours per day and use a conventional geotechnical drilling rig. The purpose of the site clearance is to confirm that the seafloor has soil and surface characteristics that will support the safe set-down of a drill rig, and long-term occupation of the site by such a vessel. The geographic region of the proposed geotechnical activity encompasses 2 13 km 2 (5 mi 2 ) areas in the south central Alaska Beaufort Sea on the fast ice. The region is about 3 miles (4.8 km) north of Cross Island at approximately 147°57′ W and 70°32′ N. There will also be a sea ice route directly from Deadhorse to the site, which will be about 24 km (15 miles) long and 0.01 km (35 ft) wide. The closest Eskimo village to the site clearance location is Nuiqsut, which is over 60 miles (97 km) away. Water depths in the proposed project area are typically less than 60 ft (18.2 m). The proposed geotechnical operation would use a small drill rig that runs either 5-ft (1.5-m) long augers for soil samples or 10-ft (3-m) jointed pipe to recover core samples. The drill rig would use cone penatrometers for cone penetration tests. Sea water circulation and occasionally mud systems would be used on the drill rig to stabilize the hole. This work is part of an overall shallow hazards investigation of the project. CPAI initially planned to conduct the proposed project between February and April, 2007, however, it has postponed it until April, 2007. If the proposed project cannot be completed by the end of May 2007 due to ice conditions, CPAI will resume the project in February 2008, and complete it in April 2008, under this IHA. A detailed description of these activities was published in the **Federal Register** on January 22, 2007 (72 FR 2653). No other changes have been made to these proposed activities except the project time described above. Comments and Responses A notice of receipt and request for 30-day public comment on the application and proposed authorization was published on January 22, 2007 (72 FR 2653). During the 30-day public comment period, NMFS received the following comments from one private citizen, the North Slope Borough (NSB), and the Marine Mammal Commission (Commission). *Comment 1:* One private citizen opposes the project out of concern that marine mammals would be killed by the proposed project in the Beaufort Sea. *Response:* As described in detail in the **Federal Register** notice of receipt of the application (72 FR 2653, January 22, 2007), no marine mammal will be killed or injured as a result of the proposed on-ice geotechnical operations by CPAI. The project would only result Level B behavioral harassment of a small number of ringed seals. No take by Level A harassment (injury) or death is anticipated or authorized from this project. *Comment 2:* The Commission recommends that NMFS issue the IHA to CPAI, provided that CPAI be required to use trained dogs for locating ringed seal lairs and other structures. Both the Commission and the NSB recommend that trained dogs be used to detect and locate ringed seal lairs and other structures. The NSB further states that a single native hunter will not be sufficient for locating lairs and that seal breathing holes are not confined to deformed ice or pressure ridges. *Response:* While NMFS believes that the use of trained dogs to locate ringed seal lairs during on-ice geotechnical operations is the best method to detect ringed seals in winter, NMFS also believes that the use of experienced subsistence hunters should be an alternative before ringed seal pupping season, starting on March 15, if the CPAI cannot complete the project by then. As for the proposed project, only a limited number of holes in and near a small rig footprint would be drilled, one single experienced hunter is sufficient for detecting seal lairs before March 15. CPAI requested use of an Inupiat hunter since it was successfully usedat McCovey for a rolligon operation. Allowing a proven method of using an experienced hunter prior to the ringed seal pupping season is a reasonable alternative to trained dogs. Even though experienced hunters may not be as efficient to detect breathing holes, NMFS does not believe this will cause any mortality or seriously injure ringed seals. However, for activities that occur after March 15th, CPAI will use trained dogs to locate seal lairs. *Comment 3:* The Commission assumes that CPAI has explored the need for an authorization from the U.S. Fish and Wildlife Service

(FWS)to take polar bears (Ursus maritimus) incidental to the proposed activities. If not, the Commission states, NMFS may wish to advise CPAI to do so. *Response:* CPAI states that it has applied for an IHA for the incidental takes of polar bears from the FWS, and that the permit is pending. *Comment 4:* The Commission recommends that the authorization specify that the operations be suspended immediately if a dead or injured ringed seal is found in the vicinity of the operations and the death or injury could be attributable to the applicant's activities. The Commission further recommends that any suspension should remain in place until NMFS has

(1)reviewed the situation and determined that further deaths or serious injuries are unlikely or

(2)issued regulations authorizing such takes under section 101(a)(5)(A) of the MMPA. *Response:* NMFS agrees, and the IHA condition specified that operations be suspended if a mortality or injury of a marine mammal is detected that may be the result of CPAI's activity. *Comment 5:* The NSB points out that CPAI did not provide noise information associated with cone penetration test (CPT). The NSB questions whether CPT is somewhat similar to pile driving, which could create a substantial amount of sound in the environment. *Response:* CPAI states that the CPT work is accomplished using hydraulics. Consistent pressure, provided by hydraulics, is necessary to accurately measure soil properties. Therefore, CPAI states that noise levels generated by CPT work is negligible compared to that of pile driving. *Comment 6:* The NSB questions NMFS' conclusion that the effects of the proposed geotechnical operations would be short-term within the context of disturbance of ringed seals. The NSB further questions how long any disturbance of seals as a result of the proposed operations might be expected to persist. *Response:* As described in detail in the **Federal Register** notice (72 FR 2653, January 22, 2007) the proposed geotechnical operations would only last for two weeks during a 3-month period within two small areas of 13 km2 (5 mi2). The analyses of the proposed on-ice geotechnical operations showed the potential to disturb and temporarily displace some ringed seals within the proposed project areas during this short time period. Therefore, NMFS believes that the effects of this action are expected to be limited to short-term and localized behavioral changes involving relatively small numbers of ringed seals. *Comment 7:* The NSB points out that in CPAI's application, CPAI suggested it only needs an IHA if the work extends past the later part of March, “prior to the birthing season for ringed seal pups.” The NSB states that ringed seals are present in the CPAI's operational area throughout the ice-covered season and not just from late March through the ice-covered period. The NSB further states that it is extremely likely that CPAI's operations are causing Level B harassment of ringed seals, assuming they have already begun, and will have impacts in March. *Response:* Generally, NMFS recommends IHAs for activities that occur after the start of pupping season, and with the exception of ice road construction, activities conducted prior to that time do not require IHAs. Considering the number of other activities that take place on the ice without IHAs (e.g., snow mobiles), NMFS considers this appropriate. However, CPAI is applying for an IHA for the entire period when its on-ice operations would be conducted. CAPI indicated that it has not started its on-ice geotechnical operations and that it will not do so prior to obtaining an IHA. *Comment 8:* The NSB does not agree that ringed seals are the only marine mammals that might be taken incidentally as a result of CPAI's on-ice operations. The NSB is concerned that bowhead whales ( *Balaena mysticetus* ) and belugas ( *Delphinapterus leucas* ) could be potentially taken as a result of the proposed action. NSB states that bowheads and belugas typically begin passing by Barrow in mid-April, and that in a typical year, bowheads and belugas could be off the project area by mid-April within several days of passing Barrow. The NSB further states that in 2007, ice is very light and there are considerable areas of open water between Barrow and the Bering Sea. The NSB also states that bearded seals ( *Erignathus barbatus* ) will also be in the Beaufort Sea in April. *Response:* The nature of the proposed on-ice geotechnical operations would require ice thickness of at least 50 in (1.3 m) to support the heavy equipment and personnel. This is not typical habitat for cetacean species, including bowhead and beluga whales, thus, no cetacean species is likely to be found in the vicinity of the project area. In addition, the proposed project will not use any impact source sources nor airguns, so the generated underwater noises due to the activities are negligible and will not impact on any cetacean species in the vicinity. CPAI will not operate in the area where ice condition is getting thin to allow open lead due to safety concerns. In regards to bearded seals, NMFS does not believe these species would be affected as a result of the proposed on-ice geotechnical operations due to their rare occurrence in the proposed project areas, and the small size of these areas. *Comment 9:* The NSB points out that CPAI primarily relied on ringed seal data collected at the Northstar development island (Moulton *et al.* , 2002) for their estimates of numbers of takes of ringed seals. CPAI states that these data are helpful but given that CPAI's activities are in deep water and farther offshore, there is potential for actually a greater numbers of seals in the project area. The NSB suggests that site-specific data on ringed seals are needed for CPAI's project area. *Response:* In reviewing and making a determination on the issuance of an IHA to SOI for its proposed on-ice R&D project, NMFS used the most recent available and best scientific data regarding ringed seal density in the proposed project area from works conducted by Kelly and Quakenbush (1990), Frost an Lowry (1999), and Moulton *et al.* , (2002), which was based on studies at the Northstar development. These studies cover a large area of the Beaufort Sea, and the ringed seal population estimates derived from these studies are representative of this species abundance in the proposed project area. NMFS believes that these data provide the best scientific information on ringed seal density and abundance in the proposed project area. Description of the Marine Mammals Potentially Affected by the Activity Ringed seals are the only species of marine mammal that may be present in the proposed project area during the site clearance period. Ringed seals are not listed under the Endangered Species Act

(ESA)or designated as depleted under the MMPA. Other marine mammal species under NMFS' jurisdiction that seasonally inhabit the Beaufort Sea, but are not anticipated to occur in the project area during site clearance operations, include the bowhead whales ( *Balaena mysticetus* ), beluga whales ( *Delphinapterus leucas* ), bearded seals ( *Erignathus barbatus* ), and spotted seals ( *Phoca largha* ). While some of these species begin to enter Beaufort Sea off Point Barrow from the Chukchi Sea during April, the project area is over 160 nm (296 km) east of Point Barrow, thereby making it highly unlikely these species would occur in the project area during the proposed operations. Polar bears also frequent in the Beaufort Sea, but they are not addressed in this application because they are managed by the FWS. CPAI is applying for an IHA for the incidental take of polar bears from the FWS. A detailed description of ringed seals can be found in the Angliss and Outlaw (2005), which is available at the following URL: *http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2005.pdf* . A more detailed description of this species within the proposed action area is provided in the January 22, 2007, **Federal Register** (72 FR 2653). Therefore, it is not repeated here. Potential Effects on Marine Mammals and Their Habitat The proposed on-ice geotechnical operations have the potential to disturb, including the temporary displacement of, some ringed seals within the proposed project area. Incidental take may result from short-term disturbances by noise and physical activities associated with soil borings, CPT, and rolligon supported support and logistics activities. Pup mortality could occur if any of these animals were nursing and displacement were protracted. However, it is unlikely that a nursing female would abandon her pup given the normal levels of disturbance from the proposed activities, potential predators, and the typical movement patterns of ringed seal pups among different holes. Seals also use as many as four lairs spaced as far as 3,437 m (11,276 ft) apart. In addition, seals have multiple breathing holes. Pups may use more holes than adults, but the holes are generally closer together than those used by adults. This indicates that adult seals and pups can move away from site clearance activity. All anticipated takes would be Level B harassment, involving short term, temporary changes in behavior including displacement by ringed seals. The number of seals estimated to be taken is calculated based on the most recent density data obtained during ringed seal surveys conducted within the geographic area of the planned operation. Moulton *et al.*

(2002)reported that ringed seal densities on landfast ice of Alaskan Beaufort area range from 0.39 - 0.63 seal/km 2 . The size of the proposed project area is 26 km 2 plus 0.32 km 2 for the travel corridor between the site and Deadhorse with water depths greater than 3 m (9.8 ft) below the sea ice. Areas where water depths are less than 3 m (9.8 ft) were excluded from the calculation since ringed seals typically do not occur in these shallow areas (Moulton *et al.* , 2002). The length of the travel corridor associated is about 16 km (10 mi) and the calculation for its width was doubled (70 ft or 200 m) to account for adjustment of the corridor during the program due to any changes in ice condition. Therefore, it is estimated that between 10 - 17 ringed seals could be taken by Level B harassment as a result of the proposed geotechnical operations. This estimated take number represents less than 0.004 - 0.007 percent of the ringed seal population (estimated minimum 249,000 seals) in the eastern Chukchi and Beaufort seas area. The actual take is likely to be lower as the IHA requires mitigation and monitoring measures to be implemented in the proposed action. No take by Level A harassment (injury) or death is expected or authorized. The proposed geotechnical operation is not expected to cause any permanent impact on habitat and the prey used by ringed seals. All surface activities will be on sea ice, which will breakup and drift away following spring breakup. Any spills on the ice would be small in size and cleaned up before completing the operations. Similarly, all materials from the camp and drilling activities will be removed from the site before completion of operations. Drilling will have a negligible impact on the seafloor, since the bore holes will be small and widely spaced, and they will naturally fill in over time due to sediment movement by currents. The operation should have no effect on ringed seal prey species since most disturbances will be on sea ice. Areas containing ice conditions suitable for lairs will be avoided by the rolligons to prevent any destruction of the habitat. Mitigation and Monitoring All activities will be conducted as far as practicable from any observed ringed seal lairs. Upon commencement of the on-ice geotechnical project, CPAI will establish a route along the proposed travel corridor and work areas to discourage ringed seals from building lairs within the corridor later. For all activities conducted after March 15, trained dogs will be used to detect and locate ringed seal lairs and other seal structures in the travel corridor and work areas where water depth exceeds 3 m (9.8 ft) under the ice. For activities conducted before March 15, an experienced Inupiat hunter will be hired to serve as a marine mammal observer

(MMO)to locate potential lairs and breathing holes in the travel corridor and work areas where water depth exceeds 3 m (9.8 ft) under the ice. The MMO will ride in the lead rolligon. Locations will be flagged, Global Positioning System

(GPS)coordinates taken and then delineated on a map. On subsequent trips after seal surveys, rolligon drivers will use the map, pre-programmed GPS coordinates and/or flags to avoid potential lair habitat and breathing holes when traveling the corridor and work areas. The completed map will be provided to NMFS. Potential Effects on Subsistence The primary subsistence village in the region is Nuiqsut, which is over 60 miles (97 km) away from the proposed project area. Most seal hunting by the village is off the Colville river Delta, between Fish Creek to the west and Pingok Island to the east (Fuller and George, 1997). Seal hunting predominately occurs in the open water during summer, when seals are more readily accessible from small boats (Fuller and George, 1997). In addition, almost all subsistence seal hunts occur during June through August. If a subsistence hunter is encountered in the project area, action will be taken to divert the rolligon away from the hunter. In addition, CPAI will meet with Nuiqsut representatives before commencing geotechnical operations in 2007. The meeting(s) will fulfill the requirement in 50 CFR 216.104(a)(12). The proposed operations will be modified, where possible and practical, to reflect the concerns of the villages and hunters. Taking into account this and all mitigation and monitoring, the proposed geotechnical operations will not have an unmitigable adverse impact on availablity of marine mammals for subsistence uses. Reporting A final report will be submitted to NMFS within 90 days of completing the geotechnical project. The report will contain detailed description of any marine mammal, by species, number, age class, and sex if possible, that is sighted in the vicinity of the proposed project area; location and time of the animal sighted; whether the animal exhibits a behavioral reaction to any on-ice activities or is injured or killed. ESA NMFS has determined that no species listed as threatened or endangered under the ESA will be affected by this activity and issuing an incidental harassment authorization under section 101(a)(5)(D) of the MMPA to CPAI for this on-ice geotechnical project. National Environmental Policy Act

(NEPA)NMFS prepared an Environmental Assessment in March 2007 and issued a Finding of No Significant Impact on the proposed action. Determinations For the reasons discussed in this document and in the identified supporting documents, NMFS has determined that the impact of the on-ice geotechnical operations would result, at worst, in the Level B harassment of small numbers of ringed seals, and that such taking will have a negligible impact on this species. NMFS also finds that the action will not have an unmitigable adverse impact on the availability of this species for taking for subsistence uses. In addition, no take by Level A harassment (injury) or death is anticipated or authorized, and harassment takes should be at the lowest level practicable due to incorporation of the mitigation measures described in this document. Authorization NMFS has issued an IHA to CPAI for the Level B harassment of small number of ringed seals incidental to conducting on-ice geotechnical operations in the U.S. Beaufort Sea, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: April 13, 2007. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-7471 Filed 4-18-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041207E] Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene a meeting of its Ecosystem Scientific and Statistical Committee

(SSC)in St. Petersburg, FL. DATES: The meeting will begin at 9 a.m. on Tuesday, May 8, 2007 and conclude by 3 p.m. on Thursday, May 10, 2007. ADDRESSES: The meeting will be held at the Florida Fish & Wildlife Research Institute, 100 8th Avenue, SE, St. Petersburg, FL 33701. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamics Statistician, Gulf of Mexico Fishery Management Council; telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) will convene its Ecosystem Scientific and Statistical Committee (SSC), along with other invited ecosystem modeling experts, in St. Petersburg, FL, to conduct a three day workshop to demonstrate the feasibility of using ecosystem modeling as a tool to address fishery management issues. While there are numerous fishery related issues that could potentially be addressed through an ecosystem modeling approach, the SSC identified three primary issues to be the focus of the workshop:

(1)Red snapper-shrimp interactions;

(2)multi-species

(MPA)effects on snapper-grouper; and

(3)Gulf of Mexico hypoxic area from drainage from the Mississippi River effects on demersal and pelagic ecosystems. Other issues identified by the Ecosystem SSC as that could also be selected for evaluation at the workshop, include:

(4)the role menhaden as a forage base in the Gulf;

(5)impacts of red tide on Gulf of Mexico ecosystem; and

(6)impacts of artificial reefs on Gulf of Mexico ecosystem. Utilizing a preliminary ecosystem model recently developed for the Gulf of Mexico, the workshop will address as many of the issues identified above as is practicable within the time and data constraints of the workshop. Additional issues may also be addressed if time and available data permit. The workshop participants will work with Council staff subsequent to the workshop to develop final reports to the Gulf Council, and a presentation of the results of the workshop will be given to the Gulf Council at one of the Council's regularly scheduled meetings. Copies of the agenda and other related materials can be obtained by calling

(813)348-1630. Although other non-emergency issues not on the agendas may come before the SSC for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the SSC will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: April 16, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-7418 Filed 4-18-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041207F] Gulf of Mexico Fishery Management Council (Council); Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Council Coordination Committee

(CCC)will convene public meeting consisting of representatives of all eight Regional Fishery Management Councils as well as attendees from the National Marine Fisheries Service. DATES: The meeting will be held May 8 - 11, 2007. ADDRESSES: The meeting will be held at the W Hotel, 333 Poydras Street, New Orleans, LA 70130. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Wayne E. Swingle, Executive Director, Gulf of Mexico Fishery Management Council; telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The CCC will convene a public meeting consisting of representatives of all eight Regional Fishery Management Councils as well as attendees from the National Marine Fisheries Service. The meeting is being hosted/coordinated by the Gulf Council (see ADDRESSES ). Tuesday, May 8, 2007 *10:30 a.m. to 5 p.m.* - a meeting of the eight regional fishery management Councils' Administrative Officers

(AOs)will be held. The AOs will discuss issues relating to the Councils' Standard Operating Practices and Procedures (SOPPs), NOAA grant requirements, record keeping requirements and options, review and updates of various legal opinions, insurance and liability issues, and other general topics related specifically to the fishery management Councils. Also, the Councils and NMFS will separately review and discuss the following agenda items so that the CCC can come to a consensus on a position and the necessary future action needed. Wednesday, May 9, 2007 *8 a.m.* - the CCC Session will begin with an opening statement and adoption of the agenda; *8:15 a.m.* - overview of actions needed by Councils and NMFS to comply with the Magnuson-Stevens Reauthorization Act

(MSRA)provisions for the National Standard 1, the requirement for annual catch limits (ACL), accountability measures, rebuilding plans, and reduction of open access fisheries; *10 a.m.* - overview of compliance with National Environmental Policy Act

(NEPA)and the MSRA; *11:15 a.m* . - discussion of fiscal year

(FY)2007 and FY 2008 Council budgets; and *12 noon* - the CCC will break to participate in a hands-on restoration work session to aid fishermen who were victims of Hurricane Katrina. Thursday, May 11, 2007 *8 a.m.* - actions to implement Limited Access Privilege Programs (LAPPS); 9:30 am - actions to implement Council member training; *10:15 a.m.* - actions needed to include provisions of MSRA into the Council's Standard Operating Practices and Procedures (SOPPs); *10:45 a.m.* - applicability of Fair Labor Standards Act to NOAA observers; *11:15 a.m.* - receive a briefing on court cases affecting the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act); the meeting will recess at noon. Friday, May 12, 2007 *8 a.m.* - U.S. Coast Guard enforcement/safety issues; *8:30 a.m.* - items from the preceding Administrative Officer's meeting needing CCC concurrence or discussion; *9:30 a.m.* - NOAA's actions under Recreational Data Survey and registry; *10:15 a.m.* - update on regulatory streamlining process; *11 a.m.* - other Magnuson-Stevens Reauthorization Act

(MSRA)timelines affecting Councils; *11:30 a.m.* - planning session for the September MSRA Conference/Workshop/CCC Meeting; *12 noon* - scheduling the next CCC meeting; *12:30 p.m.* - the meeting will adjourn. A copy of the agenda and related meeting materials may be obtained by contacting Mr. Wayne Swingle at the Gulf Council (see ADDRESSES ). The established times for addressing items on the agenda may be adjusted as necessary to accommodate the timely completion of discussion relevant to the agenda items. In order to further allow for such adjustments and completion of all items on the agenda, the meeting may be extended from, or completed prior to the date established in this notice. Although other non-emergency issues not on the agendas may come before the CCC for discussion, in accordance with the Magnuson-Stevens Act, those issues may not be the subject of formal action during these meetings. Actions of the CCC will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: April 16, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-7419 Filed 4-18-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041207D] New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Whiting Committee meeting, in May, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: The meeting will be held on Thursday, May 3, 2007 at 9:30 a.m. ADDRESSES: The meeting will be held at the Holiday Inn, 31 Hampshire Street, Mansfield, MA 02048: telephone:

(508)339-2200; fax:

(508)339-1040. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:

(978)465-0492. SUPPLEMENTARY INFORMATION: The Committee will continue development of alternatives for consideration in an amendment to address the management of small mesh multispecies (silver hake, red hake, offshore hake). The committee will also discuss alternatives for limited access qualification criteria and possible approaches for addressing historical fishery participants as well as possible approaches for managing the catch of small mesh multispecies in non-directed fisheries. The committee will continue development of alternatives for specifying Optimum Yield

(OY)and discuss alternatives for total allowable catches

(TACs)and TAC-based management in the small mesh multispecies fishery. Other topics may be covered at the committee's discretion. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at

(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 16, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-7417 Filed 4-18-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041207G] Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The Pacific Fishery Management Council's (Council) Coastal Pelagic Species

(CPS)advisory bodies will hold meetings, which are open to the public, on May 8-10, 2007. The primary purpose of the meetings is to review the current Pacific mackerel stock assessment and develop harvest guideline and seasonal structure recommendations for the 2007-08 Pacific mackerel fishery. DATES: The Coastal Pelagic Species Management Team (CPSMT) will hold a work session Tuesday, May 8, 2007, from 1 p.m. until business for the day is completed and will reconvene on Wednesday, May 9, 2007, from 8 a.m. until business for the day is completed. The Coastal Pelagic Species Advisory Subpanel (CPSAS) will meet Thursday, May 10, 2007, from 8:30 a.m. until business for the day is completed. ADDRESSES: All meetings will be held at National Marine Fisheries Service, Southwest Regional Office, Glenn M. Anderson Federal Office Building, Suite 4200, Large Conference Room, 501 West Ocean Boulevard, Long Beach, CA 90802; telephone:

(562)980-4000. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Mr. Mike Burner, Pacific Fishery Management Council; telephone:

(503)820-2280. SUPPLEMENTARY INFORMATION: The CPSMT will also review the 2007 CPS Stock Assessment and Fishery Evaluation

(SAFE)document. The CPSMT and CPSAS will develop recommendations for Council consideration at its June meeting in Foster City, CA, and address other issues relating to CPS management, including implementation of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act, review of State reduction fishery regulations, the Council's proposed Ecosystem Fishery Management Plan, and CPS fishery sampling methods. Although non-emergency issues not contained in this notice may arise during the CPSMT and CPSAS meetings, those issues may not be the subject of formal action during this meeting. Formal action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations The meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at

(503)820-2280 at least 5 days prior to the meeting date. Entry to the Southwest Regional Office in the Glenn M. Anderson Federal Office Building requires valid picture identification and there are no weapons (including pocket knives), cameras, or cell phones with camera capability allowed. Dated: April 16, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-7420 Filed 4-18-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 110306B] Small Coastal Shark 2007 Stock Assessment Workshop AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS announces the date, time, and location for the small coastal shark

(SCS)Assessment Workshop, the second of three stock evaluation workshops for the SCS stock assessment to be conducted in 2007. Any potential changes to existing management measures for SCS will be based, in large part, on the results of this 2007 stock assessment. The workshop is open to the public. DATES: The Assessment Workshop will start at 1 p.m. on Monday, May 7, 2007, and will conclude at 1 p.m. on Friday, May 11, 2007. ADDRESSES: The Assessment Workshop will be held at the Bay Point Marriott Resort, 4200 Marriott Drive, Panama City Beach, FL 32408. FOR FURTHER INFORMATION CONTACT: Julie Neer at

(850)234-6541; or Karyl Brewster-Geisz at

(301)713-2347, fax

(301)713-1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act. The Consolidated Highly Migratory Species

(HMS)Fishery Management Plan

(FMP)(October 2, 2006; 71 FR 58058) is implemented by regulations at 50 CFR part 635. Stock assessments are periodically conducted to determine stock status relative to current management criteria. Collection of the best available scientific data and conducting stock assessments are critical to determine appropriate management measures for managing stocks. Based on the last SCS stock assessment in 2002, NMFS determined that the SCS complex and three of the species in that complex are not overfished with no overfishing occurring. The only exception was for finetooth sharks, where fishing mortality in some years was above the mortality level associated with producing maximum sustainable yield (MSY). Any potential changes to existing management measures for SCS will be based, in large part, on the results of this 2007 stock assessment. This assessment will be conducted in a manner similar to the Southeast Data, Assessment, and Review (SEDAR) process. SEDAR is a cooperative process initiated in 2002 to improve the quality and reliability of fishery stock assessments in the South Atlantic, Gulf of Mexico, and U.S. Caribbean. SEDAR emphasizes constituent and stakeholder participation in assessment development, transparency in the assessment process, and a rigorous and independent scientific review of completed stock assessments. SEDAR is organized around three workshops. The first is a Data Workshop where datasets are documented, analyzed, and reviewed, and data for conducting assessment analyses are compiled. The second workshop is an Assessment Workshop where quantitative population analyses are developed and refined and population parameters are estimated. The third and final workshop is a Review Workshop where a panel of independent experts review the data and assessment and recommend the most appropriate values of critical population and management quantities. All workshops are open to the public. More information on the SEDAR process can be found at *http://www.sefsc.noaa.gov/sedar/* . The 2005/2006 large coastal shark stock assessment also followed this process. NMFS announces the Assessment Workshop, the second of three workshops for the SCS 2007 stock assessment. The Assessment Workshop will be held from May 7 - 11, 2007, at the Bay Point Marriott Resort in Panama City Beach, FL (see DATES and ADDRESSES ). Prospective participants and observers will be contacted with the data workshop details. This workshop is open to the public. Persons interested in participating or observing the SCS Assessment Workshop should contact Julie Neer (see FOR FURTHER INFORMATION CONTACT ). Tentative dates for the Review Workshop are August 6 - 10, 2007. The times and locations of these workshops will be announced in a future **Federal Register** notice. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Julie Neer at

(850)234-6541, at least 7 business days prior to the Assessment Workshop. Authority: 16 U.S.C. 971 *et seq.* Dated: April 13, 2007. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-7469 Filed 4-18-07; 8:45 am] BILLING CODE 3510-22-S COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings Time and Date: 11 a.m., Friday, May 4, 2007. Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. Status: Closed. Matters to be Considered: Surveillance Matters. Contact Person for More Information: Eileen A. Donovan, 202-418-5100. Eileen A. Donovan, Acting Secretary of the Commission. [FR Doc. 07-1955 Filed 4-16-07; 4:11 pm]

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