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Code · REGISTER · 2007-05-08 · Bureau of Land Management, U.S. Department of the Interior · Notices

Notices. Notice of public meeting

21,454 words·~98 min read·/register/2007/05/08/07-2243

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

BILLING CODE 4310-84-M DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-130-1020-ML; GP7-0117] Notice of Public Meeting, Eastern Washington Resource Advisory Council Meeting AGENCY: Bureau of Land Management, U.S. Department of the Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management Eastern Washington Resource Advisory Council will meet as indicated below.
DATES: The Eastern Washington Resource Advisory Council will meet Friday, June 1, 2007 at the Odessa Fire Station, 1 Division St., Odessa, WA, 99159. SUPPLEMENTARY INFORMATION: The meeting will start at 9 a.m., adjourn at approximately 11 a.m., and will be open to the public. There will be an opportunity for public comments at 9:30 a.m. The Council will discuss proposals for development of motorized routes on public lands in the vicinity of Odessa, WA. After the meeting, the Council will visit the area where these trails are being proposed.
FOR FURTHER INFORMATION CONTACT: Scott Pavey or Sandie Gourdin, Bureau of Land Management, Spokane District Office, 1103 N. Fancher Road, Spokane Valley, WA 99212-1275, or call
(509)536-1200. Dated: May 2, 2007. Robert B. Towne, District Manager. [FR Doc. E7-8754 Filed 5-7-07; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-020-1020-PH-029H; HAG 07-0114] Meeting Notice for the Southeast Oregon Resource Advisory Council AGENCY: Bureau of Land Management, Department of the Interior, Burns District. ACTION: Meeting Notice for the Southeast Oregon Resource Advisory Council. SUMMARY: The next Southeast Oregon Resource Advisory Council (SEORAC) meeting is set for 8 a.m., Thursday and Friday, May 10 and 11, at the Holiday Inn Ontario, 1249 Tapadara Avenue. Agenda items for the 2-day session include updates on transportation planning efforts for Oregon and Washington Bureau of Land Management
(BLM)and U.S. Forest Service administered lands; information sharing regarding the Energy Policy Act and energy development projects on public lands in southeast Oregon; and a discussion on juniper management and review of a locally produced video regarding managing juniper in eastern Oregon. Council members will also hear updates from the Designated Federal Officials, give liaison and subgroup reports, develop agenda items for the August meeting, and spend Friday touring the Leslie Gulch area. Any other matters that may reasonably come before the SEORAC may also be addressed. The public is welcome to attend all portions of the meeting and may contribute during the public comment period at 1 p.m. Those who verbally address the SEORAC during the public comment period are asked to also provide a written statement of their comments or presentation. Unless otherwise approved by the SEORAC Chair, the public comment period will last no longer than 30 minutes, and each speaker may address the SEORAC for a maximum of 5 minutes. If you have information you would like distributed to SEORAC members, please send it to Tara Martinak at the Burns District Office, 28910 Hwy 20 West, Hines, Oregon 97738, prior to the start of the meeting. If you send information or general correspondence to anyone at the Burns District Office and would like a copy given to the SEORAC, please write “COPY TO SEORAC” on the envelope and enclosed document(s). The SEORAC consists of 15 members chartered and appointed by the Secretary of the Interior. Their diverse perspectives are represented in commodity, conservation, and general interests. They provide advice to BLM and Forest Service resource managers regarding management plans and proposed resource actions on public land in southeast Oregon. FOR FURTHER INFORMATION CONTACT: Tara Martinak, SEORAC Facilitator, Burns District Office, 28910 Hwy 20 West, Hines, Oregon 97738,
(541)573-4519, or *Tara_Martinak@blm.gov* . Under the Federal Advisory Committee Act management regulations (41 CFR 102-3.15(b)), in exceptional circumstances an agency may give less than 15 days notice of committee meeting notices published in the **Federal Register** . In this case, this notice is being published less than 15 days prior to the meeting due to scheduling conflicts and difficulty obtaining a secure agenda. Dated: May 1, 2007. Dana R. Shuford, District Manager. [FR Doc. E7-8778 Filed 5-7-07; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-957-07-1910-BJ-5GKV] Notice of Filing of Plats of Survey, Nebraska AGENCY: Bureau of Land Management, Interior. SUMMARY: The Bureau of Land Management
(BLM)is scheduled to file the plat of survey of the lands described below thirty
(30)calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Bureau of Indian Affairs and is necessary for the management of these lands. The lands surveyed are: The plat and field notes representing the dependent resurvey of portions of the subdivisional lines, the subdivision of section lines, and the 1928-29 adjusted meander lines of the dry bed of old lake (locally known as Lawless Lake), and the survey of the subdivision of section 30, of Township 25 North, Range 10 East, of the Sixth Principal Meridian, Nebraska. Copies of the preceding described plat and field notes are available to the public at a cost of $1.10 per page. Dated: May 2, 2007. John P. Lee, Chief Cadastral Surveyor, Division of Support Services. [FR Doc. E7-8779 Filed 5-7-07; 8:45 am] BILLING CODE 4467-22-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Glen Canyon Dam Adaptive Management Work Group
(AMWG)AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of public meeting (conference call). SUMMARY: The Adaptive Management Program
(AMP)was implemented as a result of the Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to comply with consultation requirements of the Grand Canyon Protection Act (Pub. L. 102-575) of 1992. The AMP includes a federal advisory committee (AMWG), a technical work group (TWG), a monitoring and research center, and independent review panels. The AMWG makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam consistent with the Grand Canyon Protection Act. The TWG is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. *Dates and Addresses:* The AMWG will conduct the following conference call: *Date:* Tuesday, May 22, 2007. The call will begin at 12 noon (EDT), 10 a.m.
(MDT)and 9 a.m. (PDT and Arizona) and conclude three
(3)hours later in the respective time zones. The telephone numbers are: 1-801-524-3860 for Federal participants and 1-888-264-8816 for non-Federal participants and members of the public. *Agenda:* The purpose of the meeting will be for the AMWG to receive updates and discuss the following items:
(1)Roles Ad Hoc Group Report and recommendations;
(2)the Beach/Habitat Building Flow Science Plan;
(3)Draft Fiscal Year 2008 budget;
(4)the Long-Term Experimental Plan Environmental Impact Statement; and
(5)the Monitoring and Research Plan. The AMWG also will consider a motion by the TWG that recommends the Secretary of the Interior secure resources to direct the development and prompt implementation of risk assessment, education, prevention/containment, and science elements in order to limit the wide-ranging damages that may be caused by quagga mussel invasion of the Colorado River system. To view a copy of the draft agenda, please visit Reclamation's Web site at: *http://www.usbr.gov/uc/rm/amp/amwg/mtgs/06may22/index.html.* Time will be allowed for any individual or organization wishing to make formal oral comments on the call. To allow for full consideration of information by the AMWG members, written notice must be provided to Dennis Kubly, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah, 84138; telephone 801-524-3715; facsimile 801-524-3858; e-mail at *dkubly@uc.usbr.gov* at least five
(5)days prior to the call. Any written comments received will be provided to the AMWG members. FOR FURTHER INFORMATION CONTACT: Dennis Kubly, Bureau of Reclamation, telephone
(801)524-3715; facsimile
(801)524-3858; e-mail at *dkubly@uc.usbr.gov* . Dated: April 30, 2007. Dennis Kubly, Chief, Adaptive Management Group, Environmental Resources Division, Upper Colorado Regional Office, Salt Lake City, Utah. [FR Doc. E7-8755 Filed 5-7-07; 8:45 am] BILLING CODE 4310-MN-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-603] In the Matter of Certain DVD Players and Recorders and Certain Products Containing Same; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 6, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Toshiba Corporation of Japan and Toshiba America Consumer Products, L.L.C., of Wayne, New Jersey. A supplemental letter was filed on April 24, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain DVD players and recorders and certain products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,587,991, 5,870,523, and 5,956,306. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders. ADDRESSES: The complaint and supplement, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://www.usitc.gov/secretary/edis.htm.* FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2606. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2006). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on May 1, 2007, *ordered that* —
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain DVD players and recorders and certain products containing same by reason of infringement of one or more of claims 6 and 7 of U.S. Patent No. 5,587,991; claims 16 and 31 of U.S. Patent No. 5,870,523; and claim 4 of U.S. Patent No. 5,956,306; and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainants are— Toshiba Corporation, 1-1 Shibaura 1-Chome, Minato-Ku, Tokyo 105-8001, Japan. Toshiba America Consumer Products, L.L.C., 82 Totowa Road, Wayne, New Jersey 07470.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Daewoo Electronics America, Inc., 120 Chubb Avenue, Lyndhurst, New Jersey 07071. Dongguan GVG Digital Technology Ltd., Da Ping Precinct, Tang Xia Town, Dongguan, Guangdong Province, China 523722. Dongguan Tonic Electronics Co., Ltd., Shi Tanbu Administrative Zone, Tang Xia Town, Dongguan, Guangdong Province, China 523717. Dongguan Xin Lian Digital Technology Co. Ltd., Huang Jia Bo Industrial Zone, Shi Pai Town, Dongguan, Guangdong Province, China 523347. GVG Digital Technology Holdings Ltd., Rm 1822, Grandtech Centre, 8 On Ping St, Siu Lek Yuen, Shatin, New Territories, Hong Kong. jWIN Electronics Corporation, 2 Harbor Park Drive, Port Washington, New York 11050. Memcorp Inc., 3200 Meridian Parkway, Weston, Florida 33331. Star Light Electronics Co. Ltd., 5/F, Shing Dao Industrial Building, 232 Aberdeen Main Road, Wanchai, Hong Kong. Starlight International Holdings Limited, 5/F, Shing Dao Industrial Building, 232 Aberdeen Main Road, Wanchai, Hong Kong. Starlight Marketing
(HK)Ltd., 5/F, Shing Dao Industrial Building, 232 Aberdeen Main Road, Wanchai, Hong Kong. Tonic Digital Products Limited, Unit B, 10th Floor, Summit Building, 30 Man Yue Street, Hung Hom, Kowloon, Hong Kong. Tonic DVB Marketing Ltd., Suite 805, New Tech Plaza Tower A, Tian'An Cyber Park, Futian District, Shenzhen City, Guangdong Province, China 518040. Tonic Electronics Limited, Unit B, 10th Floor, Summit Building, 30 Man Yue Street, Hung Hom, Kowloon, Hong Kong. Tonic Industries Holdings Limited, Unit B, 10th Floor, Summit Building, 30 Man Yue Street, Hung Hom, Kowloon, Hong Kong. Tonic Technology
(HK)Limited, Unit B, 10th Floor, Summit Building, 30 Man Yue Street, Hung Hom, Kowloon, Hong Kong. Tonic Technology (Shenzhen) Ltd., Suite 805, New Tech Plaza Tower A, Tian'An Cyber Park, Futian District, Shenzhen City, Guangdong Province, China 518040. Tonic Trading Development Ltd., Unit B, 10th Floor, Summit Building, 30 Man Yue Street, Hung Hom, Kowloon, Hong Kong.
(c)The Commission investigative attorney, party to this investigation, is Karin J. Norton, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401-F, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Carl C. Charneski is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 3, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-8787 Filed 5-7-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-707-709 (Second Review)] Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Argentina, Brazil, and Germany Determination On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty orders on certain seamless carbon and alloy steel standard, line, and pressure pipe from Argentina and Brazil would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 2 The Commission also determines that revocation of the antidumping duty order on certain seamless carbon and alloy steel standard, line, and pressure pipe from Germany would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 3 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner Charlotte R. Lane dissenting, Commissioner Dean A. Pinkert not participating. 3 Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun dissenting, Commissioner Dean A. Pinkert not participating. Background The Commission instituted these reviews on June 1, 2006 (71 FR 31209) and determined on September 5, 2006 that it would conduct full reviews (71 FR 54520, September 15, 2006). Notice of the scheduling of the Commission's reviews and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** on September 29, 2006 (71 FR 57567). The hearing was held in Washington, DC, on February 8, 2007, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in these reviews to the Secretary of Commerce on May 2, 2007. The views of the Commission are contained in USITC Publication 3918 (May 2007), entitled Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Argentina, Brazil, and Germany. Issued: May 3, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-8786 Filed 5-7-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE [AAG/A Order No. 009-2007] Privacy Act of 1974; System of Records AGENCY: National Security Division, Department of Justice. ACTION: New System of Records. SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, notice is given that the Department of Justice
(DOJ)proposes to establish a new National Security Division
(NSD)system of records entitled “Foreign Intelligence and Counterintelligence Records System, JUSTICE/NSD-001.” The new system of records incorporates three previous systems of records of the Office of Intelligence Policy and Review (OIPR): The “Policy and Operational Records System, OIPR-001” last published in the **Federal Register** January 26, 1984 (49 FR 3281); “Foreign Intelligence Surveillance Act Records System, OIPR-002” last published in the **Federal Register** January 26, 1984 (49 FR 3282); and “Litigation Records System, OIPR-003” last published in the **Federal Register** January 26, 1984 (49 FR 3284). These systems will be deleted on the effective date of the new system, NSD-001. DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and (11), the public is given a 30 day period in which to comment. The Office of Management and Budget (OMB), which has oversight responsibility under the Privacy Act, has 40 days in which to conclude its review of the system. Therefore, please submit any comments by June 18, 2007. ADDRESSES: The public, OMB and the Congress are invited to submit any comments to Mary E. Cahill, Management and Planning Staff, Justice Management Division, Department of Justice, Washington, DC 20530 (Room 1400, National Place Building), facsimile number 202-307-1853. FOR FURTHER INFORMATION CONTACT: GayLa Sessoms
(202)616-5460. SUPPLEMENTARY INFORMATION: The National Security Division
(NSD)was created by section 506 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (“the Act”), by consolidating the resources of the Justice Department's three primary national security components: The Office of Intelligence Policy and Review
(OIPR)and the Criminal Division's Counterterrorism and Counterespionage Sections. On March 7, 2007, the NSD published in the **Federal Register** , at 72 FR 10064, a final rule to amend title 28 of the Code of Federal Regulations
(CFR)to reflect the establishment of the NSD and its mission and functions. The rule also made necessary amendments to the CFR to effect the changes necessary in the functions of the former Office of Intelligence and Policy Review and functions of the Criminal Division that are transferring to NSD. In accordance with 5 U.S.C. 552a(r), the Department has provided a report to OMB and the Congress. Dated: April 27, 2007. Lee J. Lofthus, Assistant Attorney General for Administration. DEPARTMENT OF JUSTICE/NSD-001 System Name: Foreign Intelligence and Counterintelligence Records System. Security Classification: The majority of information in this system of records is classified. The remaining information is Sensitive But Unclassified. System Location: United States Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530-0001. Categories of Individuals Covered by the System: Individuals who are the subject of applications for electronic surveillance, physical search, and other foreign intelligence and foreign counterintelligence investigations authorized by the Foreign Intelligence Surveillance Court
(FISC)pursuant to the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. 1801 *et seq.* (FISA), Executive Order 12333, and other applicable executive orders governing foreign intelligence; individuals about whom information was obtained by a foreign intelligence electronic surveillance or other search where issues pertaining to the surveillance or search were raised in subsequent litigation; individuals whose activities are the subject of a properly authorized foreign intelligence, foreign counterintelligence, or international terrorism investigation, or investigative techniques not requiring approval from the FISC or whose activities form the crux of a foreign intelligence or counterintelligence policy or operational question; individuals who are not the subjects or proposed subjects of particular investigations or investigative techniques, but who are identified in connection with the authorities for such investigations or techniques, because of their communications or associations with such subjects or their involvement in related activities of foreign intelligence or counterintelligence (including counterterrorism) interest; and NSD attorneys. Categories of Records in the System: The system consists of FISA applications, authorizations for foreign intelligence and foreign counterintelligence operations, supporting documentation, and FISC orders or Attorney General certifications, as appropriate. This includes notes, memoranda, legal opinions, and reports acquired or produced by the National Security Division
(NSD)in the course of executing its assigned functions of preparing FISA applications. Included in this system are recommendations to the Attorney General concerning Attorney General authorizations for physical searches, pursuant to Executive Order (E.O.) 12333, and electronic surveillances abroad of United States persons that are requested by entities within the Intelligence Community pursuant to FISA and other applicable executive orders governing foreign intelligence. This system also includes documents related to authority to conduct particular investigations or to use certain techniques in particular investigations. Included in this system are legal opinions regarding questions of law and policy that relate to United States intelligence activities, and supporting documentation prepared in connection with litigation. Authority for Maintenance of the System: This system was established and is maintained pursuant to 44 U.S.C. 3101, 3103, 3105 and 28 CFR 0.72, to implement the provisions of 50 U.S.C. 1801 *et seq.* as amended and the applicable executive order(s) governing foreign intelligence surveillance and classified national security information. Purpose of the System: This system is maintained to enable NSD staff to prepare applications under FISA; maintain an accurate record of applications filed by the United States before the FISC; participate in the review, development, implementation and oversight of United States intelligence, counterintelligence, and national security policy matters; provide legal advice to the Attorney General and the United States intelligence agencies regarding questions of law and policy that relate to United States intelligence activities; support litigation issues pertaining to foreign intelligence collections; and, analyze, interpret, and comment upon proposed statutes, executive orders, guidelines and other directives pertaining to foreign intelligence, counterintelligence, and national security activities. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: These records are routinely used by NSD staff in performing the duties ascribed to the NSD. Information may be disclosed from this system consistent with restrictions that apply to classified information, and consistent with the FISA, as follows: A. To any court, department, officer, agency, regulatory body or other authority of the United States, a state or a political subdivision thereof, or to any aggrieved person or representative of an aggrieved person, during the course of a trial, hearing, or other proceeding. B. In an appropriate proceeding before a court, or administrative or adjudicative body, when the Department of Justice determines that the records are arguably relevant to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding. C. To the Administrative Office of the United States Courts and to Congress. D. To agencies or entities in the intelligence community that have submitted a policy or operational question to the NSD when the information is necessary in the course of providing legal advice in response to the question. E. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government, when necessary to accomplish an agency function related to this system of records. F. To the news media and the public, including disclosures pursuant to 28 CFR 50.2, unless it is determined that release of the information in the context of a particular case would constitute an unwarranted invasion of personal privacy. G. To the National Archives and Records Administration for purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. H. To a former employee of the Department for purposes of: Responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility. I. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty. J. To appropriate agencies, entities, and persons when
(1)the Department suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Disclosure to Consumer Reporting Agencies: None. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Records in this system are stored on paper, and/or in electronic form. Records that contain classified national security information are stored in accordance with applicable executive orders, statutes, and agency implementing regulations. Retrievability: Information is retrieved by the name of the actual or proposed target of the electronic surveillance or physical search, and persons in contact with the target. Information may also be retrieved by the caption of the litigation, including the names of individuals, and through the use of a subject matter index that includes the names of individuals. Information may also be retrieved by name of the NSD attorney assigned. Safeguards: Information in this system is safeguarded in accordance with applicable laws, rules, and policies, including the Department's automated systems security and access policies. Classified information is appropriately stored in safes and in accordance with other applicable requirements. Records and technical equipment are maintained in a secured area with restricted access. The required use of password protection identification features and other system protection methods also restrict access. Retention and Disposal: Records in this system are maintained and disposed of in accordance with all applicable statutory and regulatory requirements. System Manager and Address: Deputy Counsel for Intelligence Policy, Office of Intelligence Policy & Review, National Security Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001. Notification Procedures: Address any inquiries to the System Manager listed above. Record Access Procedures: A major part of this system is exempted from this requirement under subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G),
(H)and (I),
(5)and (8); (f); (g); and
(h)of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5). A determination as to exemption shall be made at the time a request for access is received. A request for access to records contained in this system shall be made in writing, with the envelope and letter clearly marked “Privacy Act Request.” The request should include the full name of the individual involved, the individual's current address, date and place of birth, and his or her signature which shall be notarized or made pursuant to 28 U.S.C. 1746 as an unsworn declaration, along with any other information which may be of assistance in locating and identifying the record. The requester will also provide a return address for transmitting the information. Access requests will be directed to the System Manager listed above. Contesting Record Procedures: Individuals seeking to contest or amend information maintained in the system should direct their request to the System Manager listed above, stating clearly and concisely what information is being contested, the reasons for contesting it, and the proposed amendment to the information. Record Source Categories: Sources of information contained in this system include applications to the FISC and supporting documents that include investigative reports from federal law enforcement and intelligence agencies and other executive branch departments, and agencies conducting foreign counterintelligence and terrorism investigations that are client agencies of the Department of Justice. Occasional information from state, local or foreign governments, copies of criminal, civil and appellate court documents and related material, and the work product of Department of Justice and federal agency attorneys may also be included within this system. Exemptions Claimed for the System: The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G),
(H)and (I),
(5)and (8); (f); (g); and
(h)of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c)and
(e)and have been published in the **Federal Register** . These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
(2)or (5). A determination as to exemption shall be made at the time a request for access or amendment is received. [FR Doc. E7-8763 Filed 5-7-07; 8:45 am] BILLING CODE 4410-AW-P DEPARTMENT OF JUSTICE [AAG/A Order No. 013-2007] National Security Division; Privacy Act of 1974; System of Records AGENCY: National Security Division, Department of Justice. ACTION: Notice of new system of records. SUMMARY: This system of records, formerly entitled CRM-017, “Registration and Propaganda Files Under the Foreign Agents Registration Act of 1938, as amended,” was last published in the **Federal Register** on May 11, 1988 (53 FR 16794). It is being revised and renamed as a new system of records under the newly created National Security Division
(NSD)in the Department of Justice: JUSTICE/NSD-002,”Registration and Informational Material Files Under the Foreign Agents Registration Act of 1938.” The Department hereby removes, on the effective date of this notice, the former notice of CRM-017. DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and (11), the public is given a 30-day period in which to comment. The Office of Management and Budget
(OMB)which has oversight responsibility under the Act, has 40 days in which to conclude its review of the system. Therefore, please submit any comments by June 18, 2007. ADDRESSES: The public, OMB, and the Congress are invited to submit any comments to Mary E. Cahill, Management and Planning Staff, Justice Management Division, Department of Justice, Washington, DC 20530 (Room 1400, National Place Building), facsimile number 202-307-1853. FOR FURTHER INFORMATION CONTACT: Heather Hunt,
(202)514-1216. SUPPLEMENTARY INFORMATION: The National Security Division
(NSD)was created by section 506 of the USA PATRIOT Improvement and Reauthorization Act of 2005, by consolidating the resources of the Justice Department's three primary national security components: The Office of Intelligence Policy and Review and the Criminal Division's Counterterrorism and Counterespionage Sections. On March 7, 2007, the NSD published in the **Federal Register** , at 72 FR 10064, a final rule to amend title 28 of the Code of Federal Regulations
(CFR)to reflect the establishment of the NSD and its mission and functions. The rule also made necessary amendments to the CFR to effect the changes necessary in the functions of the former Office of Intelligence and Policy Review and functions of the Criminal Division that are transferring to NSD. In accordance with 5 U.S.C. 552a(r), the Department has provided a report to OMB and the Congress. Dated: April 27, 2007. Lee J. Lofthus, Assistant Attorney General for Administration. JUSTICE/NSD-002 SYSTEM NAME: Registration and Informational Material Files Under the Foreign Agents Registration Act of 1938. SECURITY CLASSIFICATION: Sensitive but Unclassified. SYSTEM LOCATION: U.S. Department of Justice; National Security Division; 950 Pennsylvania Ave., NW., Washington, DC 20530. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons who have registered under the Foreign Agents Registration Act of 1938, as amended, (FARA), 22 U.S.C. 611 *et seq.* , and persons referenced in correspondence or other files related to FARA. CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Automated alphabetical indices which include summary data such as registrant names, file numbers, dates of registration, and a synopsis of activities performed for a given foreign principal; and
(2)file folders which contain copies of all registration statements and statements concerning the distribution of informational materials furnished under FARA. Other records related to subject matters described in this system may include related correspondence, inspection and/or investigative reports, and/or statements of any agent of a foreign principal whose activities have ceased to be of a character which requires registration under FARA. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system is established and maintained pursuant to 22 U.S.C. 611 *et seq.* The system is also maintained to implement the provisions of 28 CFR 0.72 and 28 CFR Part 5. PURPOSE OF THE SYSTEM: The system is maintained to enable the Registration Unit, Counterespionage Section, National Security Division, to implement the various provisions of the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611 *et seq.* The system provides for the public examination of the registration statements filed by foreign agents engaged in activities for or on behalf of foreign governments, foreign political parties, or other foreign principals. Public examination helps to insure that the U.S. Government and the people of the United States are informed of the source of information and the identity of persons attempting to influence U.S. public opinion, policy, and laws. As prescribed by 22 U.S.C. 616(a), (b), and (c), the records in this system that are public records are open to public examination and inspection and copies of the same shall be furnished to every applicant at fees prescribed by 28 CFR 5.601. One copy of every registration statement filed under FARA and one copy of every amendment or supplement thereto filed under FARA shall be forwarded to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Public information obtained under FARA, including the names of registrants, copies of registration statements, or parts thereof, copies of informational materials, or other documents or information filed under FARA, may be furnished to departments and agencies in the executive branch and committees of the Congress. Other records related to the subject matters described in this system that are not available for public examination may be disclosed as follows. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government, when necessary to accomplish an agency function related to this system of records. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature—the relevant records may be referred to the appropriate federal, state, local, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law. To appropriate officials and employees of a federal agency or entity which requires information relevant to a decision concerning the hiring, appointment, or retention of an employee; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit. A record may be disclosed to designated officers and employees of state, local (including the District of Columbia), or tribal law enforcement or detention agencies in connection with the hiring or continued employment of an employee or contractor, where the employee or contractor would occupy or occupies a position of public trust as a law enforcement officer or detention officer having direct contact with the public or with prisoners or detainees, to the extent that the information is relevant and necessary to the recipient agency's decision. In an appropriate proceeding before a court, or administrative or adjudicative body, when the Department of Justice determines that the records are arguably relevant to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding. To an actual or potential party to litigation or the party's authorized representative for the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal discovery proceedings. To the news media and the public, including disclosures pursuant to 28 CFR 50.2, unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. To Federal, state, local, tribal, foreign, or international licensing agencies or associations which require information concerning the suitability or eligibility of an individual for a license or permit. To the National Archives and Records Administration for purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. To a former employee of the Department for purposes of: Responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty. To complainants and/or victims to the extent necessary to provide such persons with information and explanations concerning the progress and/or results of the investigation or case arising from the matters of which they complained and/or of which they were a victim. To appropriate agencies, entities, and persons when
(1)The Department suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. To any person or entity that the Registration Unit, Counterespionage Section, National Security Division has reason to believe possesses information regarding a matter within the jurisdiction of the Registration Unit, Counterespionage Section, National Security Division, to the extent deemed to be necessary by the Registration Unit, Counterespionage Section, National Security Division in order to elicit such information or cooperation from the recipient for use in the performance of an authorized activity. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Not applicable POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in this system are stored on paper, and/or in electronic form. Records are stored in accordance with applicable executive orders, statutes, and agency implementing regulations. Paper records contained in this system are stored manually on index cards and in file jackets; selected summary data, e.g., name and address of registrant, name of foreign principal, description of activities, and amount of money received, are stored on magnetic disks. RETRIEVABILITY: Information and summary data is retrieved by registrant name. Summary data includes: Name and address of registrant, name of foreign principal, description of activities, amount of money received, and promotional material disseminated. SAFEGUARDS: Some records in this system have been designated as public records by 22 U.S.C. 616. All other records in this system are safeguarded in accordance with applicable laws, rules, and policies, including the Department's automated systems security and access policies. Records and technical equipment are maintained in a secured area with restricted access. The required use of password protection identification features and other system protection methods also restrict access. RETENTION AND DISPOSAL: Records are retained and disposed of in accordance with a schedule approved by the National Archives and Records Administration. SYSTEM MANAGER(S) AND ADDRESS: Chief, Foreign Agents Registration Unit, Counterespionage Section, National Security Division, U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530. NOTIFICATION PROCEDURE: Same as the Above. RECORD ACCESS PROCEDURES: A request for access to a record from this system shall be made pursuant to the provisions of 28 CFR 5.600 and 5.601. CONTESTING RECORD PROCEDURES: Individuals desiring to contest or amend information maintained in the system should direct their request to the System Manager listed above, stating clearly and concisely what information is being contested, the reasons for contesting it, and the proposed amendment to the information sought. RECORD SOURCE CATEGORIES: The source of information contained in this system is the registrant. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E7-8765 Filed 5-7-07; 8:45 am] BILLING CODE 4410-14-P DEPARTMENT OF JUSTICE [AAG/A Order No. 014-2007] National Security Division; Privacy Act of 1974; System of Records AGENCY: National Security Division, Department of Justice. ACTION: Notice of New System of Records. SUMMARY: This system of records, formerly designated CRM-018, “Registration Files of Individuals Who Have Knowledge of, or Have Received Instruction or Assignment in, Espionage, Counterespionage, or Sabotage Service or Tactics of a Foreign Government or of a Foreign Political Party,” was last published in the **Federal Register** on December 11, 1987 (52 FR 47197). It is being revised and redesignated as a new system of records with the same name, under the newly created National Security Division
(NSD)in the Department of Justice, designated JUSTICE/NSD-003. The Department hereby removes, on the effective date of this notice, the former notice of CRM-018. DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and (11), the public is given a 30-day period in which to comment. The Office of Management and Budget
(OMB)which has oversight responsibility under the Act, has 40 days in which to conclude its review of the system. Therefore, please submit any comments by June 18, 2007. ADDRESSES: The public, OMB, and the Congress are invited to submit any comments to Mary E. Cahill, Management and Planning Staff, Justice Management Division, Department of Justice, Washington, DC 20530 (Room 1400, National Place Building), facsimile number 202-307-1853. FOR FURTHER INFORMATION CONTACT: Robert E. Wallace,
(202)514-1187. SUPPLEMENTARY INFORMATION: The National Security Division
(NSD)was created by section 506 of the USA PATRIOT Improvement and Reauthorization Act of 2005, by consolidating the resources of the Justice Department's three primary national security components: The Office of Intelligence Policy and Review and the Criminal Division's Counterterrorism and Counterespionage Sections. On March 7, 2007, the NSD published in the **Federal Register** , at 72 FR 10064, a final rule to amend title 28 of the Code of Federal Regulations
(CFR)to reflect the establishment of the NSD and its mission and functions. The rule also made necessary amendments to the CFR to effect the changes necessary in the functions of the former Office of Intelligence and Policy Review and functions of the Criminal Division that are transferring to NSD. In accordance with 5 U.S.C. 552a (r), the Department has provided a report to OMB and the Congress. Dated: April 27, 2007. Lee J. Lofthus, Assistant Attorney General for Administration. JUSTICE/NSD-003 SYSTEM NAME: Registration Files of Individuals Who Have Knowledge of, or Have Received Instruction or Assignment in, Espionage, Counterespionage, or Sabotage Service or Tactics of a Foreign Government or of a Foreign Political Party. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: U.S. Department of Justice; National Security Division; 950 Pennsylvania Avenue, NW., Washington, DC 20530. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons who have registered under 50 U.S.C. 851 *et seq.* as having knowledge of, or having received instruction in, espionage, counterespionage, or sabotage service or tactics of a foreign government or of a foreign political party. CATEGORIES OF RECORDS IN THE SYSTEM: The system contains the statement of the registrant and other documents required to be filed under 50 U.S.C. 851. The system is a public record except that certain statements may be withdrawn from public examination pursuant to 50 U.S.C. 853 and 28 CFR 12.40 by the Attorney General having due regard for national security and the public interest. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system is established and maintained pursuant to 50 U.S.C. 851 *et seq.* The system is also maintained to implement the provisions codified in 28 CFR part 12. PURPOSE(S): The system is maintained to enable the Registration Unit, Counterespionage Section, National Security Division, to implement the various provisions of Title 50, United States Code, Section 851. The system provides for the public examination of the registration statements filed by certain persons who have knowledge of or have received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a foreign government or foreign political party. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: As prescribed by 50 U.S.C. 853, a portion of the records in this system are public records and may be disclosed to any individual, organization, or government agency; non public records, i.e. records withdrawn by the Attorney General from public examinations may be disclosed as follows: To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government, when necessary to accomplish an agency function related to this system of records. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature—the relevant records may be referred to the appropriate federal, state, local, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law. To appropriate officials and employees of a federal agency or entity that requires information relevant to a decision concerning the hiring, appointment, or retention of an employee; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit. A record may be disclosed to designated officers and employees of state, local (including the District of Columbia), or tribal law enforcement or detention agencies in connection with the hiring or continued employment of an employee or contractor, where the employee or contractor would occupy or occupies a position of public trust as a law enforcement officer or detention officer having direct contact with the public or with prisoners or detainees, to the extent that the information is relevant and necessary to the recipient agency's decision. In an appropriate proceeding before a court, or administrative or adjudicative body, when the Department of Justice determines that the records are arguably relevant to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding. To an actual or potential party to litigation or the party's authorized representative for the purpose of negotiation or discussion of such matters as settlement, plea bargaining, or in informal discovery proceedings. To the news media and the public, including disclosures pursuant to 28 CFR 50.2, unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. To Federal, state, local, tribal, foreign, or international licensing agencies or associations which require information concerning the suitability or eligibility of an individual for a license or permit. To the National Archives and Records Administration for purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. To a former employee of the Department for purposes of: responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty. To complainants and/or victims to the extent necessary to provide such persons with information and explanations concerning the progress and/or results of the investigation or case arising from the matters of which they complained and/or of which they were a victim. To appropriate agencies, entities, and persons when
(1)the Department suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. To any person or entity that the Registration Unit, Counterespionage Section, National Security Division has reason to believe possesses information regarding a matter within the jurisdiction of the Registration Unit, Counterespionage Section, National Security Division, to the extent deemed to be necessary by the Registration Unit, Counterespionage Section, National Security Division in order to elicit such information or cooperation from the recipient for use in the performance of an authorized activity. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Not applicable. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in this system are stored on paper, and/or in electronic form. Records are stored in accordance with applicable executive orders, statutes, and agency implementing regulations. A record contained in this system is stored manually on index cards and in file jackets. An automated alphabetical index is maintained and stored on magnetic disks. RETRIEVABILITY: A record is retrieved by name of the individual registrant. SAFEGUARDS: Records are safeguarded and protected in accordance with applicable Departmental security procedures. RETENTION AND DISPOSAL: Staff is working with NARA to develop an appropriate schedule. SYSTEMS MANAGER(S) AND ADDRESS: Chief, Foreign Agents Registration Unit; Counterespionage Section; National Security Division; U.S. Department of Justice; 950 Pennsylvania Avenue, NW., Washington, DC 20530. NOTIFICATION PROCEDURE: Same as the above. RECORD ACCESS PROCEDURE: A request for access to a record from this system shall be made pursuant to the provisions of 28 CFR 12.40 and 12.41. CONTESTING RECORD PROCEDURES: Individuals desiring to contest or amend information maintained in the system should direct their request to the System Manager listed above, stating clearly and concisely what information is being contested, the reasons for contesting it, and the proposed amendment to the information sought. RECORD SOURCE CATEGORIES: The source of information contained in this system is the registrant. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E7-8766 Filed 5-7-07; 8:45 am] BILLING CODE 4410-14-P DEPARTMENT OF LABOR Office of the Secretary [Secretary's Order 4-2007] Delegation of Authorities and Assignment of Responsibilities to the Assistant Secretary for Employment Standards and Other Officials in the Employment Standards Administration 1. *Purpose.* To delegate authorities and assign responsibilities to the Assistant Secretary for Employment Standards and other officials in the Employment Standards Administration. 2. *Authorities.* This Order is issued under the authority of 5 U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 (Establishment of Department; Secretary; Seal); Reorganization Plan No. 6 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); National Apprenticeship Act of 1937 (29 U.S.C. 50); 29 CFR Part 30. 3. *References.* Secretary's Order 10-83; Secretary's Order 14-77; and Secretary's Order 9-75. 4. *Directives Affected.* Secretary's Order 4-2001 is hereby canceled (Employment Standards). Secretary's Order 9-75 is superseded to the extent that it is inconsistent with Section 7a.(29) of this Order. 5. *Background.* This Order, which supersedes Secretary's Order 4-2001, constitutes the generic Secretary's Order for the Employment Standards Administration (ESA). Specifically, this Order delegates authorities and assigns responsibilities to the Assistant Secretary for Employment Standards and other officials in ESA. This Order repeals paragraph 4.a.
(19)of Secretary's Order 4-2001, which contained a joint delegation of authority and assignment of responsibility to the Assistant Secretary for Employment Standards and the Assistant Secretary for Employment and Training for enforcing the Equal Employment Opportunity in Apprenticeship and Training requirements. This Order also delegates authority and assigns responsibility for carrying out the functions described in Section 211(a) of the LMRA, 29 U.S.C. 181(a), (“Compilation of Collective Bargaining Agreements, etc., Use Data”) to the Assistant Secretary for Employment Standards. Section 211(a) of the LMRA requires the maintenance of a file of copies of all available collective bargaining agreements and other available agreements and actions used in settling or adjusting labor disputes, except for specific information submitted in confidence. 6. *Delegation to the Assistant Secretary for Employment Standards.* A. Paragraph 7.a.
(29)of this Order contains the delegation of authority and the assignment of responsibility for Section 211(a) of the LMRA, 29 U.S.C. 181(a) (“Compilation of Collective Bargaining Agreements, etc., Use Data”). B. All other authorities and responsibilities set forth in this Order were delegated or assigned previously to the Assistant Secretary for Employment Standards and other officials in the Employment Standards Administration in Secretary's Order 4-2001, and this Order continues those delegations and assignments in full force and effect, except as expressly modified herein. 7. *Delegation of Authority and Assignment of Responsibility.* A. *The Assistant Secretary for Employment Standards* is hereby delegated authority and assigned responsibility, except as hereinafter provided, for carrying out the employment standards, labor standards, and labor-management standards policies, programs, and activities of the Department of Labor, including those functions to be performed by the Secretary of Labor under the designated provisions of the following statutes:
(1)The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201 *et seq.* (FLSA), including the issuance thereunder of child labor hazardous occupation orders and other regulations concerning child labor standards, and subpoena authority under 29 U.S.C. 209. Authority and responsibility for the Equal Pay Act, Section 6(d) of the FLSA, were transferred to the Equal Employment Opportunity Commission on July 1, 1979, pursuant to the President's Reorganization Plan No. 1 of February 1978, set out in the Appendix to Title 5, Government Organization and Employees.
(2)The Walsh-Healey Public Contracts Act of 1936, as amended, 41 U.S.C. 35 *et seq.* , except those provisions relating to safety and health delegated to the Assistant Secretary for Occupational Safety and Health or the Assistant Secretary for Mine Safety and Health. The authority of the Assistant Secretary for Employment Standards includes subpoena authority under 41 U.S.C. 39.
(3)The McNamara-O'Hara Service Contract Act of 1965, as amended, 41 U.S.C. 351 *et seq.* , except those provisions relating to safety and health delegated to the Assistant Secretary for Occupational Safety and Health. The authority of the Assistant Secretary for Employment Standards includes subpoena authority under 41 U.S.C. 353(a).
(4)The Davis-Bacon Act, as amended, 40 U.S.C. 276a *et seq.* , and any laws now existing or subsequently enacted, providing for prevailing wage findings by the Secretary in accordance with or pursuant to the Davis-Bacon Act; the Copeland Act, 40 U.S.C. 276c; Reorganization Plan No. 14 of 1950; and the Tennessee Valley Authority Act, 16 U.S.C. 831.
(5)The Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 327 *et seq.* , except those provisions relating to safety and health delegated to the Assistant Secretary for Occupational Safety and Health.
(6)Title III of the Consumer Credit Protection Act, 15 U.S.C. 1671 *et seq.*
(7)The labor standards provisions contained in Sections 5(i) and 7(g) of the National Foundation for the Arts and the Humanities Act, 20 U.S.C. 954(i) and 956(g), except those provisions relating to safety and health delegated to the Assistant Secretary for Occupational Safety and Health.
(8)The Migrant and Seasonal Agricultural Worker Protection Act of 1983, 29 U.S.C. 1801 *et seq.* , including subpoena authority under 29 U.S.C. 1862(b).
(9)The Employee Polygraph Protection Act of 1988, 29 U.S.C. 2001 *et seq.* , including subpoena authority under 29 U.S.C. 2004(b).
(10)The Federal Employees' Compensation Act, as amended and extended, 5 U.S.C. 8101 *et seq.* , except 5 U.S.C. 8149, as it pertains to the Employees' Compensation Appeals Board.
(11)The Longshore and Harbor Workers' Compensation Act, as amended and extended, 33 U.S.C. 901 *et seq.* , except: 33 U.S.C. 919(d), with respect to administrative law judges in the Office of Administrative Law Judges; 33 U.S.C. 921(b), as it applies to the Benefits Review Board; and activities pursuant to 33 U.S.C. 941, assigned to the Assistant Secretary for Occupational Safety and Health.
(12)The Black Lung Benefits Act, as amended, 30 U.S.C. 901 *et seq.*
(13)The affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, except for monitoring of the Federal contractor job listing activities under 38 U.S.C. 4212(a) and the annual Federal contractor reporting obligations under 38 U.S.C. 4212(d), delegated to the Assistant Secretary for Veterans' Employment and Training.
(14)Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793; and Executive Order 11758 (“Delegating Authority of the President Under the Rehabilitation Act of 1973”) of January 15, 1974.
(15)Executive Order 11246 “Equal Employment Opportunity” (September 24, 1965), as amended by Executive Order 11375 of October 13, 1967; and Executive Order 12086 (“Consolidation of Contract Compliance Functions for Equal Employment Opportunity”) of October 5, 1978.
(16)The following provisions of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1101 *et seq.* (INA): Section 218(g)(2), 8 U.S.C. 1188(g)(2), relating to assuring employer compliance with terms and conditions of employment under the temporary alien agricultural labor certification (H-2A) program; and Section 274A(b)(3), 8 U.S.C. 1324A(b)(3), relating to employment eligibility verification and related recordkeeping.
(17)Section 212(m)(2)(E)(ii) through
(v)of the INA, 8 U.S.C. 1182(m)(2)(E)(ii) through (v), relating to the complaint, investigation, and penalty provisions of the attestation process for users of nonimmigrant registered nurses ( *i.e.* , H-1A Visas).
(18)The enforcement of the attestations required by employers under the INA pertaining to the employment of nonimmigrant longshore workers, Section 258 of the INA, 8 U.S.C. 1288(c)(4)(B)-(F); and foreign students working off-campus, 8 U.S.C. 1184 note; and enforcement of labor condition applications for employment of nonimmigrant professionals, Section 212(n)(2) of the INA, 8 U.S.C. 1182(n)(2).
(19)Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 *et seq.* , and the regulations at 41 CFR part 60-742.
(20)The Family and Medical Leave Act of 1993, 29 U.S.C. 2601 *et seq.* , including subpoena authority under 29 U.S.C. 2616.
(21)The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 *et seq.* , to conduct inspections and investigations, issue administrative subpoenas, issue citations, assess and collect penalties, and enforce any other remedies available under the statute, and to develop and issue compliance interpretations under the statute, with regard to the standards on:
(a)Field sanitation, 29 CFR 1928.110; and
(b)Temporary labor camps, 29 CFR 1910.142, with respect to any agricultural establishment where employees are engaged in “agricultural employment” within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of the number of employees, including employees engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except that the Assistant Secretary for Occupational Safety and Health retains enforcement responsibility over temporary labor camps for employees engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities. The authority of the Assistant Secretary for Employment Standards under the Occupational Safety and Health Act with regard to the standards on field sanitation and temporary labor camps does not include any other agency authorities or responsibilities, such as rulemaking authority. Such authorities under the statute are retained by the Assistant Secretary for Occupational Safety and Health. Moreover, nothing in this Order shall be construed as derogating from the right of States operating OSHA-approved State plans under 29 U.S.C. 667 to continue to enforce field sanitation and temporary labor camp standards if they so choose. The Assistant Secretary for Occupational Safety and Health retains the authority to monitor the activity of such States with respect to field sanitation and temporary labor camps.
(22)The Labor-Management Reporting and Disclosure Act of 1959, as amended, 29 U.S.C. 401 *et seq.*
(23)Section 701 (Standards of Conduct for Labor Organizations) of the Civil Service Reform Act of 1978, 5 U.S.C. 7120; Section 1017 of the Foreign Service Act of 1980, 22 U.S.C. 4117; Section 220(a)(1) of the Congressional Accountability Act of 1995, 2 U.S.C. 1351(a)(1); and the regulations pertaining to such sections at 29 CFR Parts 457-459.
(24)Section 1209 of the Postal Reorganization Act of 1970, 39 U.S.C. 1209.
(25)The employee protection provisions of the Federal Transit law, as codified at 49 U.S.C. 5333(b), and related provisions.
(26)The employee protection provisions certified under Section 405(a), (b), (c), and
(e)of the Rail Passenger Service Act of 1970, 45 U.S.C. 565(a), (b), (c), and (e).
(27)Executive Order 13201, (“the Notification of Employee Rights Concerning Payment of Union Dues or Fees”) of February 17, 2001.
(28)The Energy Employees Occupational Illness Compensation Program Act of 2000, Title XXXVI of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Pub. L. 106-398), and Executive Order 13179 (“Providing Compensation to America's Nuclear Weapons Workers”) of December 7, 2000.
(29)Section 211(a) of the Labor Management Relations Act, 1947, 29 U.S.C. 181(a) (“Compilation of Collective Bargaining Agreements, etc.; Use of Data”).
(30)Such additional Federal acts that from time to time may assign to the Secretary or the Department duties and responsibilities similar to those listed under subparagraphs (1)-(29) of this paragraph, as directed by the Secretary. B. *The Wage and Hour Administrator of the Employment Standards Administration* is hereby delegated authority and assigned responsibility to:
(1)Issue administrative subpoenas under Section 9 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of the Walsh-Healey Public Contracts Act, 41 U.S.C. 39; Section 4(a) of the McNamara-O'Hara Service Contract Act, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family and Medical Leave Act of 1993, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 657(b), with respect to the authority delegated by this Order. C. *The Wage and Hour Regional Administrators of the Employment Standards Administration* are hereby delegated authority and assigned responsibility to issue administrative subpoenas under Section 9 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of the Walsh-Healey Public Contracts Act, 41 U.S.C. 39; Section 4(a) of the McNamara-O'Hara Service Contract Act, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family and Medical Leave Act of 1993, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 657(b), with respect to the authority delegated by this Order. D. *The Assistant Secretary for Employment Standards and the Assistant Secretary for Occupational Safety and Health* are directed to confer regularly on enforcement of the Occupational Safety and Health Act with regard to the standards on field sanitation and temporary labor camps (see section 7.a.
(21)of this Order), and to enter into any memoranda of understanding which may be appropriate to clarify questions of coverage which arise in the course of such enforcement. E. *The Assistant Secretary for Administration and Management* is delegated authority and assigned responsibility to assure that any transfer of resources affecting this Order is fully consistent with the budget policies of the Department and that consultation and negotiation, as appropriate, with representatives of any employees affected by this exchange of responsibilities is conducted. The Assistant Secretary for Administration and Management is also responsible for providing or assuring that appropriate administrative and management support is furnished, as required, for the efficient and effective operation of these programs. F. *The Solicitor of Labor* is delegated authority and assigned responsibility for providing legal advice and assistance to all officers of the Department relating to the administration of the statutory provisions, regulations, and Executive Orders listed above. The bringing of legal proceedings under those authorities, the representation of the Secretary and/or other officials of the Department of Labor, and the determination of whether such proceedings or representations are appropriate in a given case, are delegated exclusively to the Solicitor. 8. *Reservation of Authority and Responsibility.* A. The submission of reports and recommendations to the President and the Congress concerning the administration of the statutory provisions and Executive Orders listed above is reserved to the Secretary. B. Nothing in this Order shall limit or modify the delegation of authority and assignment of responsibility to the Administrative Review Board by Secretary's Order 2-96 (April 17, 1996). C. Except as expressly provided, nothing in this Order shall limit or modify the provisions of any other Order, including Secretary's Order 4-2006 (Office of Inspector General). 9. *Redelegation of Authority.* The Assistant Secretary for Employment Standards, the Assistant Secretary for Administration and Management, and the Solicitor of Labor may redelegate authority delegated in this Order. 10. *Effective Date.* This order is effective immediately. Dated: May 2, 2007. Elaine L. Chao, Secretary of Labor. [FR Doc. E7-8795 Filed 5-7-07; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications
(SGA)for Multiple Education Pathways Blueprint Grants
(MEPB)*Announcement Type:* Notice of Solicitation for Grant Applications. *Funding Opportunity Number:* SGA/DFA PY 06-12. *Catalog of Federal Assistance Number:* 17.261. DATES: *Key Dates:* The closing date for receipt of applications under this announcement is June 7, 2007. Applications must be successfully submitted no later than 5 p.m. (Eastern Time). Application and submission information is explained in detail in Part IV of this SGA. SUMMARY: The U.S. Department of Labor (DOL), Employment and Training Administration (ETA), announces the availability of approximately $3 million in grant funds to create a blueprint to build systems of multiple education pathways. Grants will be awarded through a competitive process and will support small cities (population 70,000-350,000) in the development of a multiple education pathway blueprint which will serve as the city's plan to support youth who are at risk of dropping out of school and youth who have already dropped out of school. ETA is targeting cities of this size in order for the blueprints to have maximum impact on the community's dropout challenges. ETA will fund grants to approximately 10 cities to create blueprints for building multiple education pathways that encompass various alternative education models and strategies. These blueprints will be used to build educational ecosystems that bring together all the educational assets in a community and leverage them to support multiple education pathways that move students to post-secondary education and career pathways and integrate education strategies that may cut across multiple schools and community colleges. It is not the intent for these grants to fund programs and/or slots in educational programs but rather to be used as a catalyst to bring together community partners to assess and address the challenge of serving youth who are at risk of dropping out and youth who have dropped out of school. These blueprints must be integrated with the city's broader education strategic plan and connected to regional talent and economic development strategies. The blueprints should identify a wide range of innovative and academically rigorous learning environments that address the needs of youth who are at risk of dropping out of school and youth who have dropped out of school. The blueprint will serve as the city's strategic plan for developing and benchmarking progress toward creating a multiple education pathway system. This solicitation provides background information and describes the application submission requirements, outlines the process that eligible entities must use to apply for funds covered by this solicitation, and outlines the evaluation criteria used as a basis for selecting grantees. ADDRESSES: Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Reference SGA/DFA PY 06-12, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 20201. Facsimile
(fax)applications will not be accepted. Information about applying online can be found in Section IV(C) of this document. Applicants are advised that mail delivery in the Washington area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. Applications may also be submitted via the Grants.gov application system. For detailed guidance, please refer to Section IV. C. SUPPLEMENTARY INFORMATION: This solicitation consists of eight parts: • Part I provides background information on ETA's multiple education pathways project, a description of ETA's youth vision, and additional information on the key components to consider when preparing an application. • Part II describes the size and nature of the anticipated awards. • Part III describes eligibility information. • Part IV provides information on the application and submission process. • Part V describes the criteria against which applications will be reviewed and explains the proposal review process. • Part VI provides award administration information. • Part VII contains ETA agency contact information. • Part VIII lists additional resources of interest to applicants and other information. I. Funding Opportunity Description These grants will support small cities (population 70,000-350,000) 1 in the development of detailed blueprints for multiple education pathways systems that provide a mix of alternative learning environments. ETA is targeting cities of this size in order for the blueprints to have maximum impact on the community's dropout challenges. It is ETA's expectation that the blueprints developed with these funds will serve as the city's strategic action plan and foundation for building multiple education pathways. 1 For population size please go to: *http://www.demographia.com/db-2000city5k.htm.* Youth who are at risk of dropping out of school and youth who have already dropped out of school are the main targets of this grant; however, it is important that the blueprint developed fits within the city's larger education strategy. These two objectives, reducing the dropout rate and re-engaging youth who have dropped out, are critical to ensuring a prepared and educated youth pipeline to compete in a demand-driven workforce. This section provides information on the principles underlying the Department of Labor, Employment and Training Administration's Youth Vision. A. ETA's Youth Vision Based on studies done by the Council on Competitiveness, creating dynamic regional and State economies requires infrastructure development, research and development, technology transfer which shifts innovation to commercialization, and knowledge and talent development. The public workforce system focuses on knowledge and talent development. The 21st century global economy demands a more highly educated workforce equipped with the skills to ensure career opportunities for American workers and to make America's businesses competitive in a world market. To produce this educated and skilled workforce, innovative “K through Gray” education and lifelong learning systems, economic development strategies, and workforce development investments at the regional, State, and federal levels must be designed and aligned. The workforce investment system provides adults and youth with the necessary educational, occupational and other skill training and services needed by business and industry in the 21st century economy. Education initiatives, particularly alternative education programs, have taken on new importance within the workforce system. Efforts to create a skilled, well-trained, and demand-driven workforce are important for several reasons: • A severe crisis faces our nation's workforce: too many youth are leaving high school without their diplomas, unprepared for post-secondary training and employment. The Educational Testing Service's “One-Third of a Nation: Rising Dropout Rates and Declining Opportunities” reports that one-third of all youth who begin ninth grade will not receive a high school diploma. Eleven percent of 16-24 year olds nationally, or 3.8 million youth, are out of school and have neither a diploma nor a GED. These youth represent an untapped labor pool and a valuable resource for employers. Our economy needs these youth to be part of the economy to compete globally. • The connection between earning and learning: income and education are more closely linked than in any time in our history. Ninety percent of the fastest growing jobs require education and training beyond high school. College students earn on average seventy percent more than high school students. High school dropouts are four times more likely than college graduates to be unemployed. Low-income Americans have far higher rates of dropping out of high school and far lower rates of enrolling in college and obtaining a post-secondary credential than their middle or higher income peers. The earning power of high school dropouts has been in almost continuous decline over the past three decades; in 2002, the earnings of male dropouts declined thirty-two percent. Female dropouts experienced a fourteen percent decline. • State and regional economies are being negatively impacted by low graduation rates: According to the study, “The Costs and Benefits of an Excellent Education for All of America's Children,” U.S. taxpayers could reap $45 billion if the nation were to cut one year's worth of high school dropouts in half. “High school graduation is associated with higher incomes, better health, lower criminal activity, and lower welfare receipt,” the report states. In total, the report identified a net economic benefit of $127,000 for each additional high school graduate. By adding the benefit per graduate from higher taxes, improved health, less crime, and fewer welfare payments, the authors estimate a public benefit of $209,000 in higher government revenues and lower government spending for each additional high school graduate. 2 The Center for Labor Market Studies at Northeastern University in Boston, Massachusetts prepared “An Assessment of the Labor Market, Income, Health, Social, Civic and Fiscal Consequences of Dropping Out of High School: Findings for Massachusetts in the 21st Century.” It delineated the negative private and social outcomes associated with being a high school dropout. 2 Levin, H. et al., The Costs and benefits of an Excellent Education for All of America's Children, January 2007, p.3. excerpted from Alliance for Excellent Education Straight A's newsletter, March 5, 2007, Volume 7, Number 5. • Labor market outcomes: Youth who drop out of school have lower rates of labor force attachment, higher unemployment rates, lower employment rates, less full-time employment, lower weekly wages, lower annual earnings, lower lifetime earnings, and reduced employee benefits. • Income outcomes: There is a higher incidence of income inadequacy problems over the lifetime (poverty, near poverty, low incomes), a higher dependence on cash public assistance income to support themselves, and higher dependence on in-kind transfers (food stamps, rental housing subsidies, Medicaid). • Family outcomes: In terms of family outcomes, high school dropouts have lower marriage rates among men and women, higher rates of unmarried parents, poorer nutrition, health, cognitive, and schooling outcomes for their children. • Health outcomes: High school dropouts have poorer quality of health, lower rates of health insurance coverage, higher use of Medicaid benefit, higher rates of physical/mental disability, and lower life expectancy. • Civic Outcomes: Dropouts have lower voting rates in State and national elections, and lower rates of volunteering in civic, educational, and political organizations. • Criminal Justice Outcomes: Criminal justice outcomes for dropouts include higher rates of incarceration in jails and prisons, higher victimization costs, and higher costs of maintaining prisons and jails. • Other Outcomes: Dropouts pay less in payroll and Federal/State income taxes; contribute less to property tax payments due to lower home ownership rates and lower value homes; and have a higher receipt of cash transfer incomes and in-kind transfers (food stamps, rental subsidies, energy assistance, Medicaid), placing large net fiscal burdens on the rest of taxpayers. • A new workforce “supply pipeline”: ETA's Youth Vision recognizes out-of-school youth and those most at risk of dropping out as an important part of the new workforce “supply pipeline” that businesses need to fill job vacancies in the new knowledge-based economy. However, without re-connecting these youth to high quality educational opportunities, they will not be adequately prepared to participate in today's economy. ETA's Youth Vision focuses investment of WIA resources on connecting youth with high quality education and employment services. The full Youth Vision document is available at *http://www.doleta.gov/ryf/WhiteHouseReport/VMO.cfm.* ETA is committed to supporting cities in their efforts to develop a blueprint which will lead to the creation of a high quality, innovative multiple education pathway system. These multiple education pathways will offer a variety of alternative learning opportunities that prepare youth for post-secondary education and help them to re-enter the workforce supply chain and compete for high quality jobs in a demand-driven system. ETA's Youth Vision, developed over two years ago, began to address the problems created by the large number of youth leaving high school without a diploma. The increased national focus on the impact of high dropout rates on regional economic development has driven ETA's development of a multiple education pathways strategy which is designed to increase the quality and quantity of alternative education opportunities and post-secondary opportunities for formerly out-of-school youth. To address the challenges posed by dropouts, cities must develop systems that provide a variety of educational options for re-engaging drop outs and students at risk of dropping out. These grants are intended to provide the funds for communities to plan those systems. B. Multiple Education Pathway Ecosystems Multiple Education Pathway Ecosystems are comprised of a wide variety of academically rigorous and innovative alternative learning environments. At ETA, alternative learning environments broadly refer to schools or programs that are set up by States, school districts, or other community-based entities to serve young people who are not succeeding in a traditional public school environment. Alternative learning environments offer students opportunities to achieve in a different setting through creative and innovative teaching methods. While there are many different kinds of alternative schools and programs, they are often characterized by the following noteworthy attributes: • High academic standards that are consistent with State NCLB standards; • Creative and engaging instruction that emphasizes the connection between real life and learning; • Clearly articulated academic and applied learning goals; • Opportunities for youth to catch up and accelerate knowledge and skills particularly in the area of literacy and numeracy; • Opportunities for achievement in science, technology, engineering, and math (STEM); • A culture of high expectations for all students; • High quality teachers who are certified in their content areas, establish a rapport with the students, are creative in their classrooms and play a role in designing curricula; • Ongoing professional development; • Low student/teacher ratios; • Opportunities for connections with caring adults who support the students in negotiating the transition to adulthood; • Flexible schedules; • Well-maintained, clean, accessible and safe facilities; • Connections to a range of community resources, including those that can assist with career development; • Administrative and bureaucratic autonomy and operational flexibility; and • Necessary supportive services. In science there are many definitions of the term ecosystem; however, they all refer to communities or groups of different organisms working in concert with one another to form a complex web of interdependency. By referring to a multiple education pathway ecosystem, ETA is emphasizing the interdependency required between multiple partners in a community to address the issue of high dropout rates within the context of the city's overall secondary education system. Examples of cities that are developing or have developed multiple education pathway ecosystems can be found at the Youth Transition Funders Group Web site ( *http://www.ytfg.org/about_OOS.html* ). *Multiple education pathway ecosystems* must be supported by a wide range of partners including the school district, community-based organizations, the public workforce system, higher education, business, and government agencies that serve youth, such as health and human services, juvenile justice, etc. and local chapters of national youth development organizations. Multiple pathways to educational success are needed at every step of the way, ranging from essential early intervention and prevention strategies in the early years, to a multiplicity of high-quality alternative options within mainstream K-12 systems at the middle and high school levels, and finally to opportunities outside of the mainstream for those who have been unable to learn and thrive in the general education system. However, for purposes of this grant, the focus is on secondary and post-secondary educational opportunities. For more information on the work that ETA has undertaken on multiple education pathways, please go to: *http://www.doleta.gov/youth%5Fservices/Alternative.cfm.* C. Multiple Education Pathways Blueprint
(MEPB)Grant Objectives Funds made available through the MEPB grants will be used to carry out activities with the following core objectives: • The development of multiple education pathway ecosystems that connect to regional talent and economic development strategies through data analysis and resource mapping; • Increasing the quality and quantity of academically rigorous and innovative multiple education pathways; • Providing a national focus on multiple education pathway strategies; and • Supporting and connecting to other national efforts already underway through private foundation support. D. Partnerships Youth do not disconnect from traditional developmental pathways (or high schools for that matter) because of the failure of any one system. Likewise, reconnecting youth requires collaboration and coordination among multiple youth-serving systems: these include school and youth employment and training programs and education, as well as child protective service systems, the juvenile justice system, and a variety of health and human services agencies, such as mental health and substance abuse treatment agencies, crisis intervention centers, runaway and homeless youth shelters, and others. Other partners may include local chapters of national youth development organizations such as Distributive Education Clubs of America (DECA), Health Occupation Students of America (HOSA), Jobs for America's Graduates (JAG), Junior Achievement, and Skills USA. These types of partners are especially important in efforts to make academics more relevant and in making connections with the business community. It should be noted that ETA is not specifically endorsing or recommending the five example organizations and that they are merely illustrative of the types of organizations with which applicants may partner Partnerships and partnership roles will vary depending on the applicant's strategy and participant needs; however, each collaborative partner should have a clearly defined role. These roles must be verified through a letter of commitment submitted by each partner. The letter of commitment must detail the role the partner will play in the project, including specific responsibilities and resources committed, if appropriate. These letters should clearly indicate the partnering organization's unique contribution and commitment to the project. It is ETA's expectation that the leadership of this partnership will be provided by the city's mayor or the mayor's designee. E. Allowable Activities The following are allowable activities under this grant: • Staffing to convene partners and lead efforts; • Consortium/partnership development; • Data collection and analysis; • Development of funding strategies to sustain existing programs including strategies for accessing average daily attendance and dual enrollment funds; • Identification of leveraged resources to support multiple education pathways; • Benchmarking of programs locally and in other communities with similar needs, as well as benchmarking of “systems” in other similar communities; • Development of plans based on gap analysis for the addition of new programs/services; • Feasibility studies to develop MIS/data sharing strategies; • Creation of a Request for Proposals
(RFP)process locally to develop new education programs/program services based on thoughtful standards and best practice research; • Development of a common case management system that will work across education programs; • Development of a coordinated referral and intake system for young people; • On-going evaluation; • Activities that integrate existing alternative education programs and strategies into a system of pathways to graduation within a city; • The addition of model programs to increase the variety of alternative learning opportunities; and • The addition of evidence-based numeracy and literacy remediation strategies to existing programs. II. Award Information A. Award Amount ETA intends to fund approximately 10 grants of $300,000 for Multiple Education Pathway blueprint development activities; however, this does not preclude ETA from funding grants at either a lower or higher amount, or funding a smaller or larger number of projects, based on the type and the number of quality submissions. B. Period of Performance Grants will be awarded for a one-year period of performance. At the Department's discretion, no-cost extensions may be granted. Pending the availability of funds, an open competition may be held in FY 2008 to support the implementation of Multiple Education Pathway System blueprints. III. Eligibility Information A. Eligible Applicants Eligible applicants are mayors of cities whose population is between 75,000 and 350,000 based on the 2000 Census and who have a cohort dropout rate of more than forty percent. To find the cohort rate for dropouts in the area being served, provide the 9th grade enrollment at each high school that serves youth from the city for 2001 and the graduating class for those same high schools in May/June 2005. Applicants will demonstrate that the blueprint will be developed by a comprehensive partnership which includes a Superintendent of Schools and the Chairs of the local Workforce Investment Boards. The Superintendent of Schools and the Chairs of the local Workforce Investment Boards are required partners for this grant. The partnership may also include community colleges, businesses, community or faith-based organizations, and/or municipal or state agencies who work with at-risk youth such as the juvenile justice system. B. Cost Sharing or Matching Cost sharing or matching funds are not required as a condition for application, but leveraged resources are strongly encouraged and failure to commit and integrate leveraged resources into the project may have a significant impact on an applicant's ability to successfully compete for grant funds. While the amount of resources leveraged will not be factored into the applicant's score, applications will be scored based on the quality and the degree to which the source and use of leveraged funds are clearly explained and the extent to which they are integrated into the project in support of grant outcomes. As described in section V. 4., up to 20 points are available for this criterion. IV. Application and Submission Information A. Address To Request Application Package This SGA contains all of the information and links to forms needed to apply for grant funding. B. Content and Form of Application Submission The proposal will consist of two separate and distinct parts—a cost proposal
(I)and a technical proposal (II). Applications that fail to adhere to the instructions in this section will be considered non-responsive and will not be considered. Part I. The Cost Proposal. The Cost Proposal must include the following three items: • The Standard Form
(SF)424, “Application for Federal Assistance” (available at *http://www.whitehouse.gov/omb/grants/sf424.pdf* ). The SF 424 must clearly identify the applicant and be signed by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual signing the SF 424 on behalf of the applicant shall be considered the authorized representative of the applicant. • All applicants for Federal grant and funding opportunities are required to have a Dun and Bradstreet
(DUNS)number. See Office of Management and Budget
(OMB)Notice of Final Policy Issuance, 68 FR 38402 (June 27, 2003). Applicants must supply their DUNS number on the SF 424. The DUNS number is a nine-digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access this Web site: *http://www.dunandbradstreet.com* or call 1-866-705-5711. • The SF 424A Budget Information Form (available at *http://www.whitehouse.gov/omb/grants/sf424a.pdf* ). In preparing the Budget Information Form, the applicant must provide a concise narrative explanation to support the request. The budget narrative should break down the budget and leveraged resources by project activity, and should discuss precisely how the administrative costs support the project goals. The budget should also include travel funds for at least one national meeting. Please note that applicants that fail to provide a SF 424, SF 424A and a budget narrative will be removed from consideration prior to the technical review process. If the proposal calls for integrating WIA or other Federal funds or includes other leveraged resources, these funds should not be listed on the SF 424 or SF 424A Budget Information Form, but should be described in the budget narrative and in Part II of the proposal. The amount of Federal funding requested for a one-year period of performance should be shown together on the SF 424 and SF 424A Budget Information Form. Applicants are also encouraged, but not required, to submit OMB Survey N. 1890-0014: Survey on Ensuring Equal Opportunity for Applicants, which can be found at *http://www.doleta.gov/sga/forms.cfm.* Part II. The Technical Proposal. The Technical Proposal will demonstrate the applicant's capability to lead efforts either to develop a MEPB for the city or to implement an existing MEPB in accordance with the provisions of this solicitation. The guidelines for the content of the Technical Proposal are provided in Part V Section A of this SGA. The Technical Proposal is limited to 15 double-spaced single-sided pages with 12 point text font and one-inch margins. Any materials beyond the 15-page limit will not be reviewed. Also, applicants should number the proposal beginning with page number 1. In addition to the 15-page proposal, the applicant must provide an organization chart that reflects various partners' roles and responsibilities and how the project will be staffed. Also, the applicant must provide a timeline outlining project activities; letters of commitment from partners; and a two-page Abstract summarizing the proposed project including applicant name, project title, and the funding level requested. These additional materials do not count against the 15-page limit for the Technical Proposal, but may not exceed twenty
(20)pages. Any materials beyond the 15-page limit will not be reviewed. Applicants submitting proposals in hard copy must submit an original signed application (including the SF-424) and one
(1)“copy-ready” version free of bindings, staples, or protruding tabs to ease in the reproduction of the proposal by ETA. Applicants submitting proposals in hard copy are also requested, though not required, to provide an electronic copy of the proposal on CD-ROM. C. Submission Date, Times, and Addresses The closing date for receipt of applications under this announcement is June 7, 2007. Applications must be received at the address below, or electronically received at the Web site below, no later than 4 p.m. (Eastern Time), except as identified in the “Late Applications” paragraph below. Applications sent by e-mail, telegram, or facsimile
(fax)will not be honored. Applications that do not meet the conditions set forth in this notice will not be honored. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James W. Stockton, Reference SGA/DFA PY 06-12, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 20210. Applicants are advised that mail delivery in the Washington area may be delayed due to mail decontamination procedures. Hand-delivered proposals will be received at the above address. Applicants may apply online at *http://www.grants.gov* by the deadline specified above. Any application received after the deadline will not be accepted. For applicants submitting electronic applications via Grants.gov, please note that it may take several days to complete the “Get Started” step to register with Grants.gov. It is strongly recommended that these applicants immediately initiate this step in order to avoid unexpected delays that could result in the disqualification of their application. If submitted electronically through *http://www.grants.gov* , applicants should save application documents as a .doc or .pdf file. *Late Applications:* Any application received after the exact date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made, was properly addressed, and:
(a)Was sent by U.S. Postal Service registered or certified mail not later than the fifth calendar day before the date specified for receipt of applications ( *e.g.* , an application required to be received by the 20th of the month must be post marked by the 15th of that month) or
(b)was sent by professional overnight delivery service or submitted on Grants.gov to the addressee not later than one working day prior to the date specified for receipt of applications. It is highly recommended that online submissions be completed one working day prior to the date specified for receipt of applications to ensure that the applicant still has the option to submit by overnight delivery service in the event of any electronic submission problems. “Post marked” means a printed, stamped or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable, without further action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service. Therefore, applicants should request the postal clerk to place a legible hand cancellation “bull's eye” postmark on both the receipt and the package. Failure to adhere to the above instructions will be a basis for a determination of non-responsiveness. Evidence of timely submission by a professional overnight delivery service must be demonstrated by equally reliable evidence created by the delivery service provider indicating the time and place of receipt. D. Intergovernmental Review This funding opportunity is not subject to Executive Order
(EO)12372, “Intergovernmental Review of Federal Programs.” E. Funding Restrictions All proposal costs must be necessary and reasonable in accordance with Federal guidelines. Determinations of allowable costs will be made in accordance with the applicable Federal cost principles, e.g., 29 CFR 95.27; Non-Profit Organizations-OMB Circular A-122. Disallowed costs are those charges to a grant that the grantor agency or its representative determines not to be allowed in accordance with the applicable Federal Cost Principles or other conditions contained in the grant. Applicants are not entitled to reimbursement of pre-award costs. *Legal Rules Pertaining to Inherently Religious Activities by Organizations that Receive Federal Financial Assistance.* The government is generally prohibited from providing direct financial assistance for inherently religious activities. See 29 CFR Part 2, Subpart D. Provision relating to the use of indirect support (such as through vouchers) are at 29 CFR 2.33(c) and 20 CFR 667.266. These grants may not be used to directly support religious instruction, worship, prayer, proselytizing or other inherently religious practices. Neutral, secular criteria that neither favor nor disfavor religion must be employed in the selection of grant and sub-grant recipients. In addition, under the Workforce Investment Act of 1998 and ETA regulations implementing the Workforce Investment Act, a recipient may not use direct Federal assistance to train a participant in religious activities, or employ participants to construct, operate, or maintain any part of a facility that is used or to be used for religious instruction or worship. See 29 CFR 37.6(f). Under WIA, “no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under Title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.” *Indirect Costs.* As specified in OMB Circular Cost Principles, indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular cost objective. In order to utilize grant funds for indirect costs incurred, the applicant must obtain an Indirect Cost Rate Agreement with its Federal Cognizant Agency either before or shortly after the grant award. *Administrative Costs.* An entity that receives a grant to carry out a project or program may not use more than ten
(10)percent of the amount of the grant to pay administrative costs associated with the program or project. Administrative costs could be both direct and indirect costs and are defined at 20 CFR 667.220. Administrative costs do not need to be identified separately from program costs on the SF 424A Budget Information Form. They should be discussed in the budget narrative and tracked through the grantee's accounting system. To claim any administrative costs that are also indirect costs, the applicant must obtain an indirect cost rate agreement from its Federal Cognizant Agency as specified above. *ETA Intellectual Property Rights.* Grantees must agree to provide DOL/ETA a fully paid, nonexclusive and irrevocable license to reproduce, publish, or otherwise use for Federal purposes all products developed or for which ownership was purchased under an award, including but not limited to curricula, training models, technical assistance products, and any related materials, and to authorize them to do so. Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. F. Withdrawal of Applications Applications may be withdrawn by written notice or telegram (including mailgram) received at any time before an award is made. Applications may be withdrawn in person by the applicant or by an authorized representative thereof, if the representative's identity is made known and the representative signs a receipt for the proposal. V. Application Review Information A. Evaluation Criteria This section identifies and describes the criteria that will be used to evaluate proposals for a Multiple Education Pathways Grant. These criteria and point values are: Criterion Points 1. Statement of Need 10 2. Partnership Composition/Capacity and Management 30 3. Work Plan/Timeline, Strategies, and Outcomes 40 4. Leveraged Resources 20 Total Possible Points 100 1. Statement of Need (10 Points) Please describe the city, its current education system and its connection to the regional economy. Identify the need for a Multiple Education Pathways blueprint. The blueprint developed must encompass the entire city. Required information includes the city's population, the number of secondary schools that serve the city, and the number of youth currently enrolled in them. Applicant must also provide the cohort dropout rate as well as the number of 18-24 year olds without a high school diploma. 3 To find the city's cohort rate for dropouts, provide the 9th grade enrollment at each high school within the city for 2001 and the graduating class for those same high schools in May/June 2005. Please provide the unemployment rate for the city and region. All of these indicators should be presented in chart form and the applicant must provide the sources for the data provided. 3 To obtain these indictors, use census tract data from the 2000 census—go to *http://factfinder.census.gov* and use the link on the left for People. Please specifically indicate why reducing the dropout rate, re-engaging youth who have already dropped out, and increasing the college enrollment rate is important to the regional economy. Please describe the local labor market needs of employers in the city and region. Applicants should describe how the educational challenges faced by youth in the city have impacted economic development in the region, the burdens placed on public systems/resources, and other community quality of life issues. Applicants will be evaluated on the clear and specific need for a multiple education pathway strategy in the city based on the dropout rate, the impact of dropout rates on the city and regional economy, the gap between local labor market needs and existing talent, the clear description of and depth of the burden on public systems/resources and other quality of life issues in the city. 2. Partnership Composition/Capacity and Management (Total 30 Points) Disadvantaged youth possess a wide range of challenges that must be addressed by multiple strategies, organizations, and agencies. A comprehensive partnership is a critical component in the development of a successful MEPB blueprint. In this section describe the composition, capacity, and management of your partnership, why this particular team was assembled, and how it will function. 2a. Describe the composition and capacity of the partnership for MEPB Development. (20 points) Please provide a description of the partnership that will develop the MEPB for the city. Applicants should provide information on how the partners were selected and what their interest is in coming to and staying at the table to build a system of quality alternative learning environments. Specifically, describe in detail the activities to be undertaken by partners, the level of commitment from each partnering organization, and their qualifications to assist on this project. As an attachment, the applicant must include letters of commitment from key partners that describes the role they will play in developing the city's multiple education blueprint. The applicant should also demonstrate the strength and maturity of the partnership including previous collaboration on projects. Please describe the role of the mayor, particularly in providing leadership throughout the process of blueprint development. Please fully describe the role of the school district and the workforce system in the development of the MEPB. Please describe how post-secondary institutions will participate in this partnership. Please fully describe the specific role of employers in the proposed program, such as their role in developing the proposed program and how they will participate pro-actively in generating community and political will to sustain MEPB projects in the city. Please fully describe how key partners have attracted private foundation support for similar initiatives for at-risk youth and how this might contribute to the success of this project. Please fully describe the type of academic and demographic resources which will be available to the partnership to use in the development of the blueprint. Scoring under this criterion will be based on the extent to which applicants provide evidence of the following: • The degree and depth of leadership demonstrated by the mayor; • Evidence of high level interest in strengthening the city's education system particularly for out-of-school youth; • Evidence of buy-in from key stakeholders including local elected officials, K-12 school boards and superintendents, the workforce system, community colleges, etc.; • The comprehensiveness of the partnership and the degree to which each key partner plays a committed role, either financial or non-financial, in the proposed project; • The breadth and depth of each key partner's contribution, their knowledge and experience concerning the proposed grant activities, and their ability to impact the success of the project; and • Evidence, including letters of commitment, that key partners have expressed a clear dedication to the project and understand their areas of responsibility. *2b. Describe how will this project be administered.* (10 points) Applicants must describe the proposed project management structure including, where appropriate, the lead agency (in most instances, the mayor's office), the identification of a proposed project manager, discussion of the proposed staffing pattern, the time commitment of the proposed staff, their roles, and the qualifications and experience of key staff members. If a lead agency other than the mayor's office is selected to manage the MEPB project, the application must provide a detailed rationale for why this choice was made. Please provide evidence of a plan for interaction and communication between partners and the demonstrated ability and capacity of the lead agency to successfully manage partnerships. Please describe the capacity of the partnership to accomplish the goals and outcomes of the project, including the ability to collect and manage data. Describe how the partnership has or will engage private foundations in the project. Please fully describe the lead agency's previous experience in operating grants from either Federal or non-Federal sources. Describe the fiscal controls in place for auditing and accountability procedures. Scoring under this criterion will be based on the extent to which applicants provide evidence of the following: • The time commitment of the proposed staff is sufficient to ensure proper direction, management, and timely completion of the project; • The roles and contribution of staff, consultants, and collaborative organizations are clearly defined and linked to specific objectives and tasks; • The background, experience, and other qualifications of the staff are sufficient to carry out their designated roles; • The degree to which the partnership, under direction from the lead agency, has significant capacity to accomplish the goals and outcomes of the project, including the ability to collect and manage data; • The ability of the partnership to engage private foundations in the project; and • The ability of the partnership to identify and utilize academic research centers (i.e., university, think tanks) to support this project. 3. Strategies, Work Plan/Timeline, and Outcomes (40 Points Total) In this section the applicant will describe how the blueprint will be developed including the types of activities and strategies which will be utilized and will include a clear work plan with a timeline that outlines how the work will be accomplished. In addition, the applicant must provide information on the outcomes which are expected to be achieved. *3a. Please provide a description of the strategies that will be used to develop a Multiple Education Pathway system in the city.* (20 points) Applicants will provide a detailed description of the strategies that will be used to research and respond to the challenges described in the Statement of Need section of this proposal and to develop the city's blueprint for a multiple education pathway system. Please describe in detail how data on the city's dropout population will be analyzed and how data will be used to pinpoint where youth become at risk for dropping out. Describe the plan to review policies (financial, disciplinary, and other) at both the local and state level to determine where these policies present obstacles to creating Multiple Education Pathways. Please describe how the partnership will assess existing education programs that serve youth who are at risk of dropping out of school and youth who have dropped out of school in your city. Please describe how promising models of alternative education will be identified and how research will be used to develop a MEP system in your city. Please describe how youth will be involved in the development of the blueprint. Please describe how community awareness and support for this will be produced and sustained. Please describe any other strategies that will be employed in the development of the city's Multiple Education Pathway Blueprint. Scoring under this criterion will be based on the extent to which applicants provide evidence of the following: • The ability to conduct a community gap analysis that identifies the number of young people who are out of school and their programmatic needs and the number of programs that serve this population and identify gaps in services; • The ability to map out the “system” currently in place in the community for intake, assessment, program and additional services, data collection and analysis, and to follow up with youth and identify areas of need; • That the blueprint will be integrated with the city's overall educational strategy; • That education and other policy issues that impact youth at local and state level will be assessed including access to average daily attendance funding, dual-enrollment funding, and disciplinary policies; • A strategy to engage youth in the development of the blueprint; • The potential for developing an “actionable” Multiple Education Pathway blueprint; • The potential of the plan for increasing high school graduation rates in the city; • The potential of the plan for increasing post-secondary enrollment for youth in the city; and • The potential of the plan for increasing reading and math skills for youth who are behind in basic skills. *3b. Please provide the outcomes that will be achieved as a result of the proposed strategies and how these outcomes will be measured.* (10 points) Please provide a detailed description of the outcomes that will be achieved. Describe how these outcomes will be measured. Success may be measured on, but is not limited to, the following criteria: • Quality product development; • Meeting the benchmarks set forth in the work plan time line; • The ability to identify funding streams or other leveraged resources that support implementation of the plan; • Funding priorities; • Depth of innovation and creativity; • Potential of the blueprint to be implemented; • Depth and engagement of partners; and • Improved community wide understanding of the nature, challenges, and solutions to the dropout problem in the city. Points will be awarded based on the following: • The extent to which the expected project outcomes are clearly identified and measurable, realistic, and consistent with the objectives of the project; • The ability of the partnership to achieve the stated outcomes within the timeframe of the grant; and • The appropriateness of the outcomes with respect to the challenges described in the Statement of Need section of this proposal. *3c. Please provide a work plan with timeline that organizes how the strategies described in your proposal will be accomplished* . (10 points) Please provide a detailed work plan to demonstrate how the blueprint will be developed. The work plan should include a timeline as well as the lead for each activity/strategy. Applicants are encouraged to create tight work plans that will produce actionable activities during the period of performance for this grant. It is not necessary to have an endless list of strategies but rather strategies that will bring about the desired outcomes and address the challenges outlined in the Statement of Need section of this proposal. Points will be assessed on the potential for the work plan to achieve desired outcomes, the interim benchmarks, and the viability of the timeline. 4. Leveraged Resources (20 Points) Leveraged resources are strongly encouraged and should be described in this section of the narrative. Leveraged funds should not be included on budget forms. Federal, state, local, or private resources can be included as leveraged resources. The amount of resources leveraged will not be factored into the score for this section. Rather, applications will be scored based on the quality and the degree to which the source and use of leveraged funds are clearly explained and the extent to which they are integrated into the project in support of grant outcomes. The description of leveraged resources must be supported by explicit memorandums of understanding
(MOUs)or letters of commitment and describe the resources and should fully describe how the value of the resources was calculated. Scoring on this factor will be based on the extent to which the applicant fully describes the amount, commitment, nature, and quality of leveraged resources. Important elements of the explanation include: • Evidence, such as letters of commitment or memorandums of understanding (MOUs), that key partners have expressed a clear commitment to provide the resource; • The nature and quality of the leveraged resources and a description of how each contribution will support the proposed grant activities; and • The strategic value of the leveraged resources and how well these resources support the development of the MEPB. B. Review and Selection Process Applications will be accepted after the publication of this announcement until the closing date. A technical review panel will make a careful evaluation of applications against the criteria set forth in Section V of this Solicitation. These criteria are based on the policy goals, priorities, and emphases set forth in this SGA. Up to 100 points may be awarded to an application, based on the required information described in Section V of this Solicitation. The ranked scores will serve as the primary basis for selection of applications for funding, in conjunction with other factors such as urban, rural, and geographic balance; and which proposals are most advantageous to the Government. The panel results are advisory in nature and not binding on the Grant Officer, and the Grant Officer may consider any information that comes to his/her attention. The Government may elect to award the grant(s) with or without discussions with the applicants. Should a grant be awarded without discussions, the award will be based on the applicant's signature on the SF 424, which constitutes a binding offer by the applicant (including electronic signature via E-Authentication on *http://www.grants.gov* ). VI. Award Administration Information A. Award Notices All award notifications will be posted on the ETA homepage ( *http://www.doleta.gov* ). Applicants selected for award will be contacted directly before the grant's execution. Applicants not selected for award will be notified by mail. B. Administrative and National Policy Requirements All grantees, including faith-based organizations, are subject to all applicable Federal laws (including provisions of appropriation laws), regulations, and the applicable Office of Management and Budget
(OMB)Circulars. The grant(s) awarded under this SGA must comply with all provisions of this solicitation and are subject to the following administrative standards and provisions, as applicable to the particular grantee: 1. 20 Code of Federal Regulations
(CFR)Part 667.220 (Administrative Costs). 2. Non-Profit Organizations—Office of Management and Budget
(OMB)Circulars A-122 (Cost Principles) and 29 CFR Part 95 (Administrative Requirements). 3. Educational Institutions—OMB Circulars A-21 (Cost Principles) and 29 CFR Part 95 (Administrative Requirements). 4. All entities must comply with 29 CFR parts 93 and 98 and, where applicable, 29 CFR parts 96 and 99. 5. In accordance with Section 18 of the Lobbying Disclosure Act of 1995, Public Law 104-65 (2 U.S.C. 1611) non-profit entities incorporated under Internal Revenue Service Code section 501(c)(4) that engage in lobbying activities are not eligible to received Federal funds and grants. 6. 29 CFR part 2, subpart D—Equal Treatment in Department of Labor Programs for Religious Organizations; Protection of Religious Liberty of Department of Labor Social Service Providers and Beneficiaries. 7. 29 CFR part 30—Equal Employment Opportunity in Apprenticeship and Training. 8. 29 CFR part 31—Nondiscrimination in Federally Assisted Programs of the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964. 9. 29 CFR part 32—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 10. 29 CFR part 33—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Labor. 11. 29 CFR part 35—Nondiscrimination on the Basis of Age in Program or Activities Receiving Federal Financial Assistance form the Department of Labor. 12. 29 CFR part 36—Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. 13. 29 CFR part 37—Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998 (WIA). Note: Except as specifically provided in this Notice, ETA's acceptance of a proposal and an award of Federal funds to sponsor any program(s) does not provide a waiver of any grant requirements and/or procedures. For example, OMB Circulars require that an entity's procurement procedures must ensure that all procurement transactions are conducted, as much as practical, to provide open and free competition. If a proposal identifies a specific entity to provide services, ETA's award does not provide the justification or basis to sole source the procurement, *i.e.* , avoid competition, unless the activity is regarded as the primary work of an official partner to the application. C. Reporting Quarterly financial reports and quarterly progress reports will be submitted by the grantee electronically. The grantee is required to provide the reports and documents listed below: *Quarterly Financial Reports.* A Quarterly Financial Status Report (SF 269) is required until such time as all funds have been expended or the grant period has expired. Quarterly reports are due 30 days after the end of each calendar year quarter. Grantees must use ETA's On-Line Electronic Reporting System and information and instructions will be provided to grantees. *Quarterly Progress Reports* . The grantee must submit a quarterly progress report to their designated Federal Project Officer within 30 days after the end of each quarter. This report should provide a detailed account of activities undertaken during that quarter. Grantees must agree to meet ETA reporting requirements. The quarterly progress report should be in narrative form and should include: 1. In-depth information on accomplishments, including project success stories, upcoming grant activities, and promising approaches and processes. 2. Progress toward performance outcomes, including updates on product, curricula, and training development. *Final Report.* A draft final report must be submitted no later than 60 days prior to the expiration date of the grant. This report must summarize project activities, employment outcomes, and related results of the training project, and should thoroughly document capacity building and training approaches. The final report should also include copies of all deliverables, e.g. curricula and competency models. After responding to ETA questions and comments on the draft report, three copies of the final report must be submitted no later than the grant expiration date. Grantees must agree to use a designated format specified by ETA for preparing the final report. VII. Agency Contacts For further information regarding this SGA, please contact B. Jai Johnson, Grants Management Specialist, Division of Federal Assistance, at
(202)693-3296 (please note this is not a toll-free number). Applicants should fax all technical questions to
(202)693-2705 and must specifically address the fax to the attention of B. Jai Johnson and should include SGA/DFA PY 06-12, a contact name, fax and phone number, and email address. This announcement is being made available on the ETA Web site at *http://www.doleta.gov/sga/sga.cfm, at http://www.grants.gov,* and in the **Federal Register** . VIII. Additional Resources of Interest to Applicants and Other Information Resources for the Applicant ETA maintains a number of web-based resources that may be of assistance to applicants: • The Web site for the Employment and Training Administration ( *http://www.doleta.gov* ) is a valuable source for background information on the President's High Growth Job Training Initiative. • The Workforce 3 One Web site ( *http://www.workforce3one.org* ) is a valuable resource for information about demand-driven projects of the workforce investment system, educators, employers, and economic development representatives. • America's Service Locator ( *www.servicelocator.org* ) provides a directory of the nation's One-Stop Career Centers. • Applicants are encouraged to review “Help with Solicitation for Grant Applications” ( *http://www.dol.gov/cfbci/sgabrochure.htm* ). • For a basic understanding of the grants process and basic responsibilities of receiving Federal grant support, please see “Guidance for Faith-Based and Community Organizations on Partnering with the Federal Government” ( *http://www.whitehouse.gov/government/fbci/guidance/index.html* ). Other Information OMB Information Collection No. 1205-0458 Expires September 30, 2009 According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 20 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimated or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, the OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503. *Please do not return your completed application to the OMB. Send it to the sponsoring agency as specified in this solicitation.* This information is being collected for the purpose of awarding a grant. The Department of Labor will use the information collected through this “Solicitation for Grant Applications” to ensure that grants are awarded to the applicant best suited to perform the functions of the grant. Applicants must submit this information in order to be considered for award of this grant. Unless otherwise specifically noted in this announcement, we will not consider information submitted in the respondent's application to be confidential. Signed at Washington, DC, this 1st day of May, 2007. James W. Stockton, Employment and Training Administration, Grant Officer. [FR Doc. E7-8720 Filed 5-7-07; 8:45 am] BILLING CODE 4510-FT-P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Slope and Shaft Sinking Plans ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. DATES: Submit comments on or before July 9, 2007. ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and Health Administration, Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on a computer disk, or via E-mail to *Ferraro.Debbie@dol.gov,* along with an original printed copy. Ms. Ferraro can be reached at
(202)693-9821 (voice), or
(202)693-9801 (facsimile). FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background The standard 30 CFR 77.1900 was enacted in 1971 and was amended in 1982 and again in 1995. The standard requires underground coal mine operators to develop a prudent engineered design plan to develop a slope or shaft whenever an operator decides to open such a coal mine. The plan is required by the standard and is to be reviewed and approved by MSHA before the actual hazardous work begins. II. Desired Focus of Comments Currently, the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the proposed extension of the information collection related to Slope and Shaft Sinking Plans. MSHA is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. A copy of the proposed information collection request may be viewed on the Internet by accessing the MSHA Home Page ( *http://www.msha.gov* ) and selecting “Rules and Regs” then “Paperwork Reduction Act Supporting Statements”, or by contacting the employee listed above in the FOR FURTHER INFORMATION CONTACT section of this notice for a hard copy. III. Current Actions The 78 slope or shaft development plans that MSHA receives on an annual basis, are reviewed to ensure that the required work is performed in a safe manner, and it protects those miners performing the work. Prudent engineering design does evolve along with improved machinery to perform the work, but there has not been any revision to the requirements for such a plan. Currently, the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the proposed extension of the information collection related to Slope and Shaft Sinking Plans. *Type of Review:* Extension. *Agency:* Mine Safety and Health Administration. *Title:* Slope and Shaft Sinking Plans. *OMB Number:* 1219-0019. *Recordkeeping:* Records are normally required to be kept for 3 years. *Affected Public:* Business or other for-profit. *Cite/Reference/Form/etc:* 30 CFR 77.1900. *Total Respondents:* 65. *Frequency:* On occasion. *Total Responses:* 65. *Estimated Total Burden Hours:* 1,300. *Total Burden Cost (operating/maintaining):* $1,061. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated at Arlington, Virginia, this 2nd day of May, 2007. David L. Meyer, Director, Office of Administration and Management. [FR Doc. E7-8722 Filed 5-7-07; 8:45 am] BILLING CODE 4510-43-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (07-034)] Notice of Intent To Grant Partially Exclusive License AGENCY: National Aeronautics and Space Administration. ACTION: Notice of intent to grant partially exclusive license. SUMMARY: This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)((i). NASA hereby gives notice of its intent to grant a partially exclusive worldwide license to practice the inventions described and claimed in NASA Case Number LAR-16571-1 entitled “Magnetic Field Response Sensor For Conductive Media,” U.S. Patent 7,075,295; NASA Case Number LAR-16571-2 entitled “Magnetic Field Response Sensor For Conductive Media,” U.S. Patent Application Number 11/421,886; NASA Case Number LAR-16908-1 entitled “Magnetic Field Response Measurement Acquisition System,” U.S. Patent 7,086,593; NASA Case Number LAR-17155-1 entitled “Wireless Fluid Level Measuring System,” U.S. Patent Application Number 11/229,438; NASA Case Number LAR-17280-1 entitled “Magnetic Field Response Measurement Acquisition System,” U.S. Patent Number 7,159,774; and NASA Case Number LAR-17480-1 entitled “A Method To Calibrate Magnetic Response Fluid-Level Sensors Using Complete Sensor Immersion In Fluid,” U.S. Patent Application Number 60/908,698, to Caplan Taylor Enterprises LLC, having its principal place of business in Newport News, Virginia. The field of use may be limited to marine. The patent rights in these inventions have been or will be assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The prospective partially exclusive license may be granted unless, within fifteen
(15)days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen
(15)days of the date of this published notice will also be treated as objections to the grant of the contemplated partially exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. ADDRESSES: Objections relating to the prospective license may be submitted to Patent Counsel, Office Chief Counsel, NASA Langley Research Center, MS 141, Hampton, VA 23681-2199. Telephone
(757)864-3221; Facsimile
(757)864-9190. FOR FURTHER INFORMATION CONTACT: Robin W. Edwards, Patent Attorney, Office of Chief Counsel, NASA Langley Research Center, MS 141, Telephone
(757)864-3230; Facsimile
(757)864-9190. Information about other NASA inventions available for licensing can be found online at *http://techtracs.nasa.gov/.* Dated: April 27, 2007. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. 07-2243 Filed 5-7-07; 8:45 am]
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U.S. Code
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  • 41 CFR 102
  • Pub. L. 102-575
  • 28 CFR 5
  • 28 CFR 12
  • 29 CFR 30
  • 41 USC 35
  • 41 USC 39
  • 41 USC 351
  • 41 USC 353(a)
  • 40 USC 276a
  • 40 USC 276c
  • 40 USC 327
  • 8 USC 1324A(b)(3)
  • 41 CFR 60
  • 45 USC 565(a)
  • Pub. L. 106-398
  • 29 CFR 95.27
  • 29 CFR 2
  • 20 CFR 667.266
  • 29 CFR 37.6(f)
  • 20 CFR 667.220
  • 29 CFR 95
  • Pub. L. 104-65
  • 29 CFR 31
  • 29 CFR 32
  • 29 CFR 33
  • 29 CFR 35
  • 29 CFR 36
  • 29 CFR 37
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