Notices. Notice of intent to prepare a supplemental environmental impact statement
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/register/2007/05/30/07-2675A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Forest Service Caribou-Targhee National Forest, Idaho; Big Bend Ridge Vegetation Management Project and Timber Sale Supplement Environmental Impact Statement and Proposed Targhee Revised Forest Plan Amendment AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare a supplemental environmental impact statement. SUMMARY: The Caribou-Targhee National Forest proposes to supplement the Big Bend Ridge Vegetation Management Project and Timber Sale analysis and to consider amending the Targhee Revised Forest Plan with regard to old growth and aspen.
The supplement will provide additional analysis and disclosure of environmental effects. DATES: Comments concerning the scope of the analysis must be received within 45 days from the date of this publication. The draft supplemental environmental impact statement is expected in September 2007. The comment period on the draft supplemental environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** .
The final supplemental environmental impact statement is expected in early 2008. ADDRESSES: Send written comments to Robbin Redman, Forest Planner, Caribou-Targhee National Forest, 1405 Hollipark Drive, Idaho Falls, Idaho 83401. Electronic comments can be submitted in rich text format (.rtf), or Word (.doc) to *comments-intermtn-caribou-targhee@fs.fed.us.* For further information, mail correspondence to Robbin Redman, Forest Planner, Caribou-Targhee National Forest, 1405 Hollipark Drive, Idaho Falls, Idaho 83401 or call
(208)557-5821. FOR FURTHER INFORMATION CONTACT: Robbin Redman, Forest Planner, Caribou-Targhee National Forest, USDA, (see address above). SUPPLEMENTARY INFORMATION: The Forest Service, working with the public, developed the Big Bend Ridge Vegetation Management Project and Timber Sale over numerous years beginning in 1998. The process included publishing a Notice of Intent (NOI), seeking comments (scoping) on the proposed project and also seeking comments on the Draft EIS that included various alternatives for the project. On December 12, 2003 a Record of Decision selecting Alternative C was signed by the Forest Supervisor. This decision was appealed and upheld by the Intermountain Regional Forester. After the ROD was upheld on appeal, a Complaint was filed in Idaho District Court. In the Complaint the Plaintiffs sought to enjoin the Big Bend Vegetation Management Project and Timber Sale project. The Court did not enjoin the Big Bend Vegetation Management Project and Timber Sale in its November 2004 ruling stating the logging was not imminent. The Court did enjoin the Big Bend Ridge Vegetation Project and Timber Sale on September 28, 2005 in its Memorandum Decision and Order when it determined the logging was imminent. To address the Court's decision on the Big Bend Ridge Vegetation Project and Timber Sale, the Forest has completed a draft vegetation assessment of old growth and aspen for the Targhee National Forest. This preliminary information revealed that more clarification and guidance in the Targhee Revised Forest Plan
(TRFP)is needed to assess, monitor, and manage old growth and aspen forests, and the proposed Targhee amendment is a result of this assessment. Purpose and Need for Action New information and a court ruling on the Big Bend Ridge Vegetation Management Project has shown that more clarification and guidance to assess, monitor, and manage old growth forest is needed. The Forest has determined a need to supplement the Big Bend Ridge Vegetation Management Project and Timber Sale analysis and to consider updating the Targhee Revised Forest Plan
(TRFP)with regard to managing old growth, and aspen forests. This draft assessment will be used in the Forest's review of the Big Bend Ridge Vegetation Management Project and Timber Sale and incorporated into the DSEIS and FSEIS for the project. In the SEIS process for the Big Bend Ridge Vegetation Management Project and Timber Sale, the Forest will consider amending the TRFP as needed to address clarification of old growth forest and aspen. The purpose and need for the Big Bend Ridge Vegetation Management Project and Timber Sale is:
(1)Need for ecosystems and their components to be resilient to disturbances to structure, composition and processes at appropriate landscape scales.
(2)Need to improve overall representation of forested age classes across the landscape over the long-term.
(3)Need to maintain and regenerate declining species (at risk).
(4)Need to provide for a sustained yield of forest products. Proposed Action The Forest will supplement the analysis for the Big Bend Ridge Vegetation Management Project and Timber Sale with regard to old growth, and aspen. The Forest also proposes to amend the TRFP to make it consistent regarding old growth, and aspen. The Forest proposes to develop Desired Future Conditions for old growth, and aspen that would be incorporated into the Targhee Revised Forest Plan. The Forest also proposes to remove the current guidance for old growth/late seral management found on page III-12-13 #6 of the Targhee Revised Forest Plan. The Big Bend Ridge Vegetation Management Project includes the following: harvesting by thinning from below and also some limited sanitation improvement harvest, planting a limited amount of trees (approximately 200 acres), closing some non-system roads before and after harvest, relocating a specific road, some maintenance of roads used in the harvest activities, fencing some aspen units if needed, and some temporary road construction with rehabilitation after harvest. Possible Alternatives The Forest has developed the Proposed Action for the TRFP amendment as discussed above and the no-action alternative. Responsible Official The responsible official is: Lawrence Timchak, Forest Supervisor, Caribou- Targhee National Forest, 1405 Hollipark Drive, Idaho Falls, ID 83401. Nature of Decision To Be Made Given the purpose and need, the deciding officer will decide whether or not to make a new decision on the Big Bend Ridge Vegetation Management Project and Timber Sale and whether to amend the Targhee Revised Forest Plan. Scoping Process The Forest is now seeking comments on this proposal and will seek comments on the Draft Supplemental Environmental Impact Statement for the Big Bend Ridge Vegetation Project and Timber Sale and the proposed TRFP amendment when it becomes available. Comment Requested This notice of intent initiates the scoping process which guides the development of the supplemental environmental impact statement. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft supplemental environmental impact statement will be prepared for comment. The comment period on the draft supplemental environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC,* 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel,* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft supplemental environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft supplemental environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: May 23, 2007. Lawrence Timchak, Forest Supervisor. [FR Doc. E7-10358 Filed 5-29-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Announcement of the Grants to Assist Small, Minority Producer Program Application Deadlines AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Notice of solicitation of applications. SUMMARY: The Rural Business-Cooperative Service announces the availability of approximately $1.1 million competitive grant funds for fiscal year
(FY)2007 for cooperatives and association of cooperatives to assist small, minority agricultural producers. USDA Rural Development Cooperative Programs hereby requests proposals from eligible cooperatives and associations of cooperatives interested in a competitively awarded grant. The cooperatives and associations of cooperatives will use the grant money to fund technical assistance to small, minority agricultural producers in rural areas. The maximum award per grant is $175,000. DATES: Applications for grants must be submitted on paper or electronically according to the following deadlines: Paper copies must be postmarked and mailed, shipped, or sent overnight no later than July 30, 2007, to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. Electronic copies must be received by July 30, 2007, to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. ADDRESSES: Application materials for the Small, Minority Producers Grant Program
(SMPG)may be obtained at *http://www.rurdev.usda.gov/rbs/coops/smpg/smpg.htm* or by contacting the applicant's USDA Rural Development State Office at
(202)720-4323 and pressing “1”. Submit electronic grant applications at *http://www.grants.gov* , following the instructions found on this Web site. Submit completed paper applications for a grant to the applicant's State Office as follows: *A list of Rural Development State Offices follows:* Alabama USDA Rural Development State Office, Sterling Center, Suite 601, 4121 Carmichael Road, Montgomery, AL 36106-3683,
(334)279-3400. Alaska USDA Rural Development State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645-6539,
(907)761-7705. Arizona USDA Rural Development State Office, 230 North First Avenue, Suite 206, Phoenix, AZ 85003-1706,
(602)280-8701. Arkansas USDA Rural Development State Office, 700 West Capitol Avenue, Room 3416, Little Rock, AR 72201-3225,
(501)301-3200. California USDA Rural Development State Office, 430 G Street, #4169, Davis, CA 95616-4169,
(530)792-5800. Colorado USDA Rural Development State Office, 655 Parfet Street, Room E-100, Lakewood, CO 80215,
(720)544-2915. Delaware-Maryland USDA Rural Development State Office, 1221 College Park Drive, Suite 200, Dover, DE 19904,
(302)857-3580. Florida/Virgin Islands USDA Rural Development State Office, P. O. Box 147010, 4440 NW. 25th Place, Gainesville, FL 32614-7010,
(352)338-3402. Georgia USDA Rural Development State Office, Stephens Federal Building 355 E. Hancock Avenue, Athens, GA 30601-2768,
(706)546-2162. Hawaii USDA Rural Development State Office, Federal Building, Room 311, 154 Waianuenue Avenue, Hilo, HI 96720,
(808)933-8380. Idaho USDA Rural Development State Office, 9173 West Barnes Dr., Suite A1, Boise, ID 83709,
(208)378-5600. Illinois USDA Rural Development State Office, 2118 West Park Court, Suite A, Champaign, IL 61821,
(217)403-6200. Indiana USDA Rural Development State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278,
(317)290-3100. Iowa USDA Rural Development State Office, Federal Building, Room 873, 210 Walnut Street, Des Moines, IA 50309,
(515)284-4663. Kansas USDA Rural Development State Office, 1303 SW First American Place, Suite 100, Topeka, KS 66604,
(785)271-2700. Kentucky USDA Rural Development State Office, 771 Corporate Drive, Suite 200, Lexington, KY 40503,
(859)224-7300. Louisiana USDA Rural Development State Office, 3727 Government Street, Alexandria, LA 71302,
(318)473-7920. Maine USDA Rural Development State Office, P.O. Box 405, 967 Illinois Avenue, Suite 4, Bangor, ME 04402-0405
(207)990-9160. Massachusetts/Rhode Island/Connecticut USDA Rural Development State Office, 451 West Street, Amherst, MA 01002
(413)253-4300. Michigan USDA Rural Development State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 48823,
(517)324-5188. Minnesota USDA Rural Development State Office, 410 AgriBank Building, 375 Jackson Street St, Paul, MN 55101,
(651)602-7800. Mississippi USDA Rural Development State Office, Federal Building, Suite 831, 100 West Capitol Street, Jackson, MS 39269,
(601)965-4316. Missouri USDA Rural Development State Office, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203,
(573)876-0976. Montana USDA Rural Development State Office, 900 Technology Blvd., Unit 1, Suite B, Bozeman, MT 59718,
(406)585-2580. Nebraska USDA Rural Development State Office, Federal Building, Room 152, 100 Centennial Mall North Lincoln, NE 68508,
(402)437-5551. Nevada USDA Rural Development State Office, 1390 South Curry Street, Carson City, NV 89703-5146,
(775)887-1222. New Jersey USDA Rural Development State Office, 5th Floor North, 8000 Midlantic Drive, Mt. Laurel, NJ 08054,
(856)787-7700. New Mexico USDA Rural Development State Office, 6200 Jefferson Street, NE., Room 255, Albuquerque, NM 87109,
(505)761-4950. New York USDA Rural Development State Office, The Galleries of Syracuse, 441 South Salina Street, Syracuse, NY 13202,
(315)477-6400. North Carolina USDA Rural Development State Office, 4405 Bland Road, Suite 260, Raleigh, NC 27609,
(919)873-2000. North Dakota USDA Rural Development State Office, Federal Building, Room 208, P.O. Box 1737, 220 East Rosser, Bismarck, ND 58502-1737
(701)530-2037. Ohio USDA Rural Development State Office, Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2477,
(614)255-2500, Ext. 4. Oklahoma USDA Rural Development State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654,
(405)742-1000. Oregon USDA Rural Development State Office, 1201 Northeast Lloyd Boulevard, Suite 801, Portland, OR 97232,
(503)414-3300. Pennsylvania USDA Rural Development State Office, 1 Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,
(717)237-2262. Puerto Rico USDA Rural Development State Office, IBM Building, Suite 601, 654 Munoz Rivera Avenue, San Juan, Puerto Rico 00936-6106,
(787)766-5095. South Carolina USDA Rural Development State Office, Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201,
(803)765-5163. South Dakota USDA Rural Development State Office, Federal Building, Room 210, 200 4th Street, SW., Huron, SD 57350,
(605)352-1100. Tennessee USDA Rural Development State Office, 3322 West End Avenue, Suite 300, Nashville, TN 37203-1084
(615)783-1300. Texas USDA Rural Development State Office, Federal Building, Suite 102, 101 South Main Street , Temple, TX 76501
(254)742-9700. Utah USDA Rural Development State Office, Wallace F. Bennett Federal Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138
(801)524-4324. Vermont/New Hampshire USDA Rural Development State Office, City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602
(802)828-6080. Virginia USDA Rural Development State Office, Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 23229
(804)287-1552. Washington USDA Rural Development State Office, 1835 Black Lake Boulevard, SW., Suite B, Olympia, WA 98512-5715
(360)704-7715. West Virginia USDA Rural Development State Office, 75 High Street, Suite 320, Morgantown, WV 26505
(304)284-4860. Wisconsin USDA Rural Development State Office, 4949 Kirschling Court, Stevens Point, WI 54481
(715)345-7600. Wyoming USDA Rural Development State Office, Dick Cheney Federal Building, P.O. Box 11005, 100 East B Street, Room 1005, Casper, WY 82602-5006
(307)233-6700. FOR FURTHER INFORMATION CONTACT: Visit the program Web site at *http://www.rurdev.usda.gov/rbs/coops/smpg/smpg.htm* for application assistance or contact the USDA Rural Development State Office. Applicants are encouraged to contact their State Offices well in advance of the deadline to discuss their projects and ask any questions about the application process. Overview *Federal Agency:* Rural Business-Cooperative Service (RBS). *Funding Opportunity Title:* Small, Minority Producer Grant. *Announcement Type:* Initial announcement. *Catalog of Federal Domestic Assistance Number:* 10.771 *Dates: Application Deadline:* Completed applications for grants may be submitted on paper or electronically according to the following deadlines: Paper copies must be postmarked and mailed, shipped, or sent overnight no later than July 30, 2007, to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. Complete electronic copies must be received by July 30, 2007, to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. Programs Affected This will not affect other programs in USDA Rural Development. I. Funding Opportunity Description This solicitation is issued pursuant to the Revised Continuing Resolution, 2007, Public Law 110-5 dated February 15, 2007 which authorizes not to exceed $1,473,000 for cooperatives or associations of cooperatives whose primary focus is to provide assistance to small, minority agricultural producers and whose governing board and/or membership is comprised of at least 75 percent minority members. The Secretary of Agriculture has delegated the program's administration to USDA Rural Development Cooperative Programs. The primary objective of this grant program is to assist small, minority agricultural producers through cooperatives and associations of cooperatives. USDA Rural Development Cooperative Programs will competitively award grants to fund cooperatives and/or associations of cooperatives to provide technical assistance to small, minority agricultural producers in rural areas. The maximum award amount per grant is $175,000. Definitions Agency—Rural Business-Cooperative Service, an agency of the United States Department of Agriculture
(USDA)Rural Development or a successor agency. Agricultural Commodity—An unprocessed product of farms, ranches, nurseries, and forests. Agricultural commodities include: livestock, poultry, and fish; fruits and vegetables; grains, such as wheat, barley, oats, rye, triticale, rice, corn, and sorghum; legumes, such as field beans and peas; animal feed and forage crops; seed crops; fiber crops, such as cotton; oil crops, such as safflower, sunflower, corn, and cottonseed; trees grown for lumber and wood products; nursery stock grown commercially; Christmas trees; ornamentals and cut flowers; and turf grown commercially for sod. Agricultural commodities do not include horses or animals raised as pets, such as cats, dogs, and ferrets. Cooperative Programs—The office within USDA Rural Development, and its successor organization, that administers programs authorized by the Cooperative Marketing Act of 1926 (7 U.S.C. 451 *et seq.* ) and such other programs identified in USDA regulations. Economic Development—The economic growth of an area as evidenced by increase in total income, employment opportunities, decreased out-migration of population, value of production, increased diversification of industry, higher labor force participation rates, increased duration of employment, higher wage levels, or gains in other measurements of economic activity, such as land values. Feasibility Study—An analysis of the economic, market, technical, financial, and management feasibility of a proposed project. Minority—Individuals who have been subjected to racial, ethnic, gender prejudice or cultural bias within American society because of their identities as members of groups and without regard to their individual qualities. Minority groups are Women, African Americans not of Hispanic Origin, American Indians, Alaskan Natives, Hispanics, Asian and Pacific Islanders. Minority Association of Cooperatives—An association of cooperatives whose primary focus is to provide assistance to small, minority agricultural producers and where the governing board and/or membership is comprised of at least 75 percent minority. Minority Cooperative—A farmer- or rancher-owned and -controlled business, organized and chartered as a cooperative, from which benefits are derived and distributed equitably on the basis of use by each of the farmer or rancher owners whose primary focus is to provide assistance to small, minority agricultural producers and where the governing board and/or membership is comprised of at least 75 percent minority. Operating Cost—The day-to-day expenses of running a business; for example: utilities, rent, salaries, depreciation, product production costs, marketing and advertising, and other basic overhead items. Project—Includes all activities to be funded by the Small Minority Agricultural Producer Grant and any matching funds. Small, Minority Agricultural Producer—Minority persons or 100 percent minority-owned entities, including farmers, ranchers, loggers, agricultural harvesters, and fishermen, with gross annual sales of not more than $250,000 that engage in the production or harvesting of an agricultural commodity. Rural and Rural Area—Includes all the territory of a State that is not within the outer boundary of any city or town having a population of 50,000 or more and the urbanized area contiguous and adjacent to such city or town, as defined by the U.S. Bureau of the Census using the latest decennial census of the United States. Rural Development—A mission area within USDA consisting of the Office of Under Secretary for Rural Development, Rural Development Business and Cooperative Programs, Rural Development Housing Programs, and Rural Development Utilities Programs and their successors. State—Includes each of the several States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, as may be determined by the Secretary to be feasible, appropriate and lawful, the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau. Technical Assistance—An advisory service performed for the benefit of a small, minority agricultural producer such as market research; product and/or service improvement; legal advice and assistance; feasibility study, business plan, and marketing plan development; and training. Technical assistance does not include the operating costs of a cooperative being assisted. II. Award Information *Type of Award:* Grant *Fiscal Year Funds:* FY 2007 *Approximate Total Funding:* $1.1 million *Approximate Number of Awards:* 6 *Approximate Average Award:* $175,000 *Floor of Award Range:* None *Ceiling of Award Range:* $175,000 *Anticipated Award Date:* September 14, 2007 *Budget Period Length:* 12 months *Project Period Length:* 12 months III. Eligibility Information A. Eligible Applicants Applicants must be a minority cooperative or a minority association of cooperatives. B. Cost Sharing or Matching No matching funds are required. C. Other Eligibility Requirements *Use of Funds:* The funds may only be used for technical assistance projects. *Project Area Eligibility:* The Project proposed must take place in a rural area. *Grant Period Eligibility:* If awarded, funds must be expended in 1 year. Applications must have a time frame of no more than 365 days with the time period beginning no earlier than October 1, 2007 and ending no later than December 31, 2008. Projects must be completed within the 1-year time frame. The Agency will not approve requests to extend the grant period. Applications that request funds for a time period ending after December 31, 2008, will not be considered for funding. *Completeness Eligibility:* Applications lacking sufficient information to determine eligibility and scoring will be considered ineligible. Applications that are non-responsive to this notice will be considered ineligible. *Multiple Grant Eligibility:* An applicant may not submit more than one grant application in any one funding cycle. *Activity Eligibility:* Applications must propose technical assistance, as defined, to benefit their members or other small minority agricultural producers who are not members or they will not be considered for funding. Applications that have ineligible costs that equal more than 10 percent of the total project costs will be determined ineligible and will not be considered for funding. An application that has ineligible costs of 10 percent or less of total project costs and is selected for funding, must remove all ineligible costs from the budget and replace them with eligible activities or the amount of the grant award will be reduced accordingly. An applicant may not submit an application that duplicates current activities or activities to be paid for by other Federally funded grant programs. IV. Application and Submission Information A. Address To Request Application Package The application package for applying on paper for this funding opportunity can be obtained at *http://www.rurdev.usda.gov/rbs/coops/smpg/smpg.htm.* Alternatively, applicants may contact their USDA Rural Development State Office at the above list. For electronic applications, applicants must visit *http://www.grants.gov* and follow the instructions. B. Content and Form of Submission Applications must be submitted on paper or electronically. An application guide may be viewed at *http://www.rurdev.usda.gov/rbs/coops/smpg/smpg.htm.* It is recommended that applicants use the template provided on the Web site. The template can be filled out electronically and printed out for submission with the required forms for paper submission or it can be filled out electronically and submitted as an attachment through *http://www.grants.gov.* Applications submitted by paper form, applicants must submit one signed original of the completed application. The application should be in the following format: *Font size:* 12 point unreduced *Paper size:* 8.5 by 11 inches Printed on only one side of each page. Held together only by rubber bands or metal or plastic clips; not bound in any other way. The submission must include all pages of the application. It is recommended that the application be in black and white, and not color. If the application is submitted electronically, the applicant must follow the instructions given at the Internet address: *http://www.grants.gov.* Applicants are advised to visit the site well in advance of the application deadline if they plan to apply electronically to ensure that they have obtained the proper authentication and have sufficient computer resources to complete the application. Applicants must complete and submit the following elements. The Agency will screen all applications for eligibility and to determine whether the application is complete and sufficiently responsive to the requirements set forth in this notice to allow for an informed review. Information submitted as part of the application will be protected to the extent permitted by law. 1. Form SF-424, “Application for Federal Assistance.” The form must be completed, signed and submitted as part of the application package. Please note that applicants are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number. The DUNS number is a nine-digit identification number, which uniquely identifies business entities. There is no charge. To obtain a DUNS number, access *http://www.dnb.com/us/* or call 866-705-5711. For more information, see the SMPG Web site at *http://www.rurdev.usda.gov/rbs/coops/smpg/smpg.htm* or by contacting the applicant's USDA Rural Development State Office. In addition to the DUNS number, an applicant must provide a legal Employment Identification Number. 2. Form SF-424A, “Budget Information—Non-Construction Programs.” This form must be completed and submitted as part of the application package. 3. Form SF-424B, “Assurances—Non-Construction Programs.” This form must be completed, signed, and submitted as part of the application package. 4. Table of Contents. For ease of locating information, each application must contain a detailed Table of Contents
(TOC)immediately following the SF-424B. The TOC must include page numbers for each component of the application. Pagination should begin immediately following the TOC. 5. Eligibility Discussion: A detailed discussion, not to exceed four pages, must describe how the applicant meets the following requirements.
(i)Applicant Eligibility: If the applicant is a cooperative, the application must reference the business's good standing as a cooperative in its state of incorporation. If the applicant is an association of cooperatives, the application must reference the association's good standing as a legal business structure in its state of incorporation. If the applicant is selected for a grant, they must provide their Articles of Incorporation and By-Laws along with the State's Certificate of Good Standing to verify they are incorporated as a cooperative or an association of cooperatives in the State they have applied. The applicant must describe how it meets the definition of a “minority cooperative” or “minority association of cooperatives” as defined in the Definitions section of this Notice. The applicant must apply as only one type of applicant.
(ii)Use of Funds: The applicant must provide a detailed discussion on how the proposed project activities meet the definition of technical assistance.
(iii)Project Area: The applicant must provide information on where the projects are planned to be located and that the areas meet the “rural area” definition.
(iv)Grant Period: The applicant must provide a time frame for the proposed project and discuss how the project will be completed within that time frame. 6. Budget/Work Plan: The applicant must describe, in detail not to exceed four pages, the purpose of the grant, what type of assistance will be provided, and the total amount of funds needed to assist for each project. The budget must also present a breakdown of estimated costs associated with each task/activity for each project. The amount of grant funds requested will be adjusted if the applicant does not have justification for all costs. 7. Evaluation Criteria: Each of the evaluation criteria referenced in this notice must be addressed, specifically and individually on separate pages, in narrative form, not to exceed a total of one page for each evaluation criteria. Failure to address the evaluation criteria by the application deadline will result in the application being determined ineligible. C. Submission Dates and Times *Application Deadline Date:* July 30, 2007. *Explanation of Deadlines:* Paper applications must be postmarked and mailed, shipped, or sent overnight by the deadline date (see Section IV.F. for the address). Electronic applications must be received by *http://www.grants.gov* by the deadline date. Courier applications must be delivered by the deadline date. If the Applicant's application does not meet the deadline, it will not be considered for funding. Applicants will be notified if their application did not meet the submission deadline. Applicants will also be notified by mail or by e-mail if their application is received on time. D. Intergovernmental Review of Applications Executive Order
(EO)12372, Intergovernmental Review of Federal Programs, applies to this program. This EO requires that Federal agencies provide opportunities for consultation on proposed assistance with State and local governments. Many states have established a Single Point of Contact
(SPOC)to facilitate this consultation. A list of States that maintain an SPOC may be obtained at *http://www.whitehouse.gov/omb/grants/spoc.html.* If your State has an SPOC, you may submit your application directly for review. Any comments obtained through the SPOC must be provided to Rural Development for consideration as part of your application. If your State has not established an SPOC or you do not want to submit your application, Rural Development will submit your application to the SPOC or other appropriate agency or agencies. You are also encouraged to contact Cooperative Programs at 202-720-7558 or *cpgrants@wdc.usda.gov* if you have questions about this process. E. Funding Restrictions Grant funds must be used for technical assistance. No funds made available under this solicitation shall be used to: 1. Plan, repair, rehabilitate, acquire, or construct a building or facility, including a processing facility; 2. Purchase, rent, or install fixed equipment, including processing equipment; 3. Purchase vehicles, including boats; 4. Pay for the preparation of the grant application; 5. Pay expenses not directly related to the funded project; 6. Fund political or lobbying activities; 7. Fund any activities prohibited by 7 CFR parts 3015 and 3019; 8. Fund architectural or engineering design work for a specific physical facility; 9. Fund any direct expenses for the production of any commodity or product to which value will be added, including seed, rootstock, labor for harvesting the crop, and delivery of the commodity to a processing facility; 10. Fund research and development; 11. Purchase land; 12. Duplicate current services or replace or substitute support previously provided; 13. Pay costs of the project incurred prior to the date of grant approval; 14. Pay for assistance to any private business enterprise which does not have at least 51 percent ownership by those who are either citizens of the United States or reside in the United States after being legally admitted for permanent residence; 15. Pay any judgment or debt owed to the United States; 16. Pay the operating costs of cooperative and/or association of cooperatives; or 17. Pay expenses for applicant employee training. F. Other Submission Requirements Applicants may submit their paper application for a grant to their Rural Development State Office listed under the Addresses section. Applicants may submit their application electronically at *http://www.grants.gov.* Applications may not be submitted by electronic mail, facsimile, or hand-delivery. Each application submission must contain all required documents in one envelope, if sent by mail or express delivery service. V. Application Scoring Criteria Review Information A. Criteria: All eligible and complete applications will be evaluated based upon the following criteria. Failure to address any one of the following criteria by the application deadline will result in the application being determined ineligible and the application will not be considered for funding. The total points possible for the criteria are 60 and the maximum number of points for each of the following sections is 15. Any application receiving less than 40 total points will not be funded. 1. *Rural Area:* Projects must be in rural areas. Points will be awarded based upon the rural area where the proposed project is located. The Agency will determine if the area meets the rural area definition by using the following Web site: *http://maps.ers.usda.gov/loanlookup/viewer.htm.*
(i)If the proposed project is located in a city or town with a population of at least 15,000 and no more than 25,000 people, 5 points will be awarded;
(ii)If the proposed project is located in a city or town with a population of at least 5,000 and less than 15,000 people, 10 points will be awarded; or
(iii)If the proposed project is located in a city or town with a population of less than 5,000 people, 15 points will be awarded.
(iv)If the proposed project is located in an unincorporated area, 15 points will be awarded. If the applicant proposes to provide assistance in multiple areas or cities, the applicant must list the areas or cities where the assistance will be provided, the population for each and the amount of assistance of each area. Points will be calculated by using the above point scale for each, with the points awarded using a weighted average of the points for the areas served. The information needed for this criterion may be obtained using the population finder tool at *http://www.census.gov/.* 2. *Per capita personal income:* Points will be awarded proportionally based upon a comparison of the per capita personal income of the county in which a proposed project is located to the state per capital personal income:
(i)If the per capita personal income level in the county where the proposed project will be located is less than 80 percent of the state per capita personal income level, 15 points will be awarded;
(ii)If the per capita personal income level in the county where the proposed project will be located is at least 80 percent and less than 90 percent of the state per capita personal income level, 10 points will be awarded;
(iii)If the per capita personal income level in the county where the proposed project will be located is at least 90 percent and less than 100 percent of the state per capita personal income level, 5 points will be awarded; or
(iv)If the per capita personal income level in the county where the proposed project will be located is equal to or exceeds the state per capita personal income, no points will be awarded. If the applicant proposes to provide assistance in multiple rural counties, the applicant must list the counties where the assistance will be provided; the percentage of assistance intended to be spent in each county, and the per capita personal income level for each county. Points will be calculated by using the above point score for each county's per capital personal income level, with the total points awarded in proportion to where the assistance is directed. (For example, if 50% of the grant money will be spent in a county where the per capita income is below 80 percent, and 50% will be spent in a county where the per capita income is between 90 and 100 percent, points will be calculated as follows: [(.5)*(15) + (.5)*(5) = 10 points]. The information needed for this criterion may be obtained at *http://www.bea.gov.* 3. *Experience.* Points will be awarded based upon the relevant experience of the staff or the consultants hired to provide the proposed technical assistance.
(i)If the staff or consultants have no experience in providing technical assistance, 0 points will be awarded;
(ii)If each of the staff or consultants has 3 years of experience in providing technical assistance, 5 points will be awarded;
(iii)If each of the staff or consultants have at least 3 years of experience in providing the same type of technical assistance as proposed in the project, 10 points will be awarded; or
(iv)If each of the staff or consultants has at least 3 years of experience in providing the same type of technical assistance as proposed in the project to small, minority agricultural producers, 15 points will be awarded. Applicants must describe the specific type of technical assistance that each staff member or consultant has experience in providing. Resumes of each individual staff member or consultant must be included as an attachment listing their experience for the type of technical assistance, along with a list of small, minority agricultural producers they've assisted. The attachments will not count toward the maximum page total. The Agency will compare the described assistance and the resumes to the work plan to determine point total. 4. Number of small, minority agricultural producers assisted. Points will be awarded based upon the number of agricultural, minority producers being assisted.
(i)If the proposed project will benefit 1-10 producers, 5 points will be awarded;
(ii)If the proposed project will benefit 11-50 producers, 10 points will be awarded; or
(iii)If the proposed project will benefit more than 50 producers, 15 points will be awarded. Applicants must list the number of small, minority agricultural producers that will directly benefit from the assistance provided. B. Review and Selection Process The Agency will screen all proposals to determine whether the application is eligible and sufficiently responsive to the requirements set forth in this notice to allow for an informed review. Applications will be tentatively scored by the State Offices and submitted to the National Office for review and selection. The National Office will review the scores based upon the point allocation specified in this notice. The applications will be funded in scoring rank order and will be submitted to the Administrator in rank order, together with funding level recommendations. C. Anticipated Announcement and Award Dates *Award Date:* The announcement of award selections is expected to occur on or about September 14, 2007. VI. Award Administration Information A. Award Notices Successful applicants will receive a notification of tentative selection for funding from Rural Development. Applicants must comply with all applicable statutes, regulations, and this notice before the grant award will receive final approval. Unsuccessful applicants will receive notification, including mediation procedures and appeal rights, by mail. B. Administrative and National Policy Requirements 7 CFR parts 3015, 3019, and subparts A and F of part 4284 are applicable to grants made under this notice. These regulations may be obtained at *http://www.access.gpo.gov/nara/cfr/page1.* The following additional requirements apply to grantees selected for this program: • Agency approved Grant Agreement. • Letter of Conditions. • Form RD 1940-1, “Request for Obligation of Funds.” • Form RD 1942-46, “Letter of Intent to Meet Conditions.” • Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.” • Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions.” • Form AD-1049, “Certification Regarding a Drug-Free Workplace Requirements (Grants).” • Form RD 400-4, “Assurance Agreement.” • Form 2006-38, “Civil Rights Impact Analysis.” Prior to approval of all grants, a Civil Rights Impact Analysis will be conducted. Additional information on these requirements can be found at *http://www.rurdev.usda.gov/rbs/coops/smpg/smpg.htm.* *Fund Disbursement:* The Agency will determine, based on 7 CFR 3015, 3016 and 3019, as applicable, whether disbursement of a grant will be by advance or reimbursement. As needed, but not more frequently than once every 30 days, an original of SF-270, “Request for Advance or Reimbursement,” may be submitted to Rural Development. Recipient's request for advance shall not be made in excess of reasonable outlays for the month covered. *Reporting Requirements:* Grantees must provide Rural Development with an original or an electronic copy that includes all required signatures of the following reports. The reports should be submitted to the Agency contact listed on the Grant Agreement and Letter of Conditions. Failure to submit satisfactory reports on time may result in suspension or termination of the grant. Grantees will need to submit: 1. Form SF-269 or SF-269A. A “Financial Status Report,” listing expenditures according to agreed upon budget categories, on a semiannual basis. Reporting periods end each March 31 and September 30. Reports are due 30 days after the reporting period ends. 2. Semiannual performance reports that compare accomplishments to the objectives stated in the proposal. Identify all tasks completed to date and provide documentation supporting the reported results. If the original schedule provided in the work plan is not being met, the report should discuss the problems or delays that may affect completion of the Project. Objectives for the next reporting period should be listed. Compliance with any special condition on the use of award funds must be discussed. Reports are due as provided in paragraph
(1)of this section. Supporting documentation must also be submitted for completed tasks. The supporting documentation for completed tasks include, but are not limited to, feasibility studies, marketing plans, business plans, articles of incorporation, and bylaws as they relate to the assistance provided. 3. Final project performance reports that compare accomplishments to the objectives stated in the proposal. Identify all tasks completed and provide documentation supporting the reported results. If the original schedule provided in the work plan was not met, the report must discuss the problems or delays that affected completion of the project. Compliance with any special condition on the use of award funds must be discussed. Supporting documentation for completed tasks must also be submitted. The supporting documentation for completed tasks includes, but is not limited to, feasibility studies, marketing plans, business plans, articles of incorporation, and bylaws as they relate to the assistance provided. The final performance report is due within 90 days of the completion of the project. The report must also include a summary at the end of the report with the number of small minority agricultural producers assisted to assist in documenting the annual performance goals of the SMPG program for Congress. VII. Agency Contacts For general questions about this announcement and for program technical assistance, please contact the appropriate State Office as indicated in the Addresses section of this notice. VIII. Non-Discrimination Statement The U.S. Department of Agriculture
(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, martial status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at
(202)720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call
(800)795-3272 (voice) or
(202)720-6382 (TDD). USDA is an equal opportunity provider and employer. Dated: May 22, 2007. Jackie J. Gleason, Administrator, Rural Business-Cooperative Service. [FR Doc. E7-10301 Filed 5-29-07; 8:45 am] BILLING CODE 3410-XY-P COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Alabama Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a planning meeting of the Alabama Advisory Committee to the Commission will convene by conference call at 9 a.m. and adjourn at 11 a.m., on Monday, June 11, 2007. The purpose of the meeting is to conduct program planning for future briefing meeting. This meeting is available to the public through the following toll-free call-in number
(866)364-7584, access code 8903253. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number
(866)364-7584. To ensure that the Commission secures an appropriate number of lines for the public, persons are asked to register by contacting Corrine Sanders of the Central Regional Office at
(913)551-1400, TTY
(913)551-1414, by Thursday, June 7, 2007. Members of the public are entitled to submit written comments. The comments must be received in the regional office by Friday, June 29, 2007. The address is 400 State Avenue, Suite 908, Kansas City, Kansas 66101. Comments may be e-mailed to *frobinson@usccr.gov.* Records generated by this meeting may be inspected and reproduced at the Central Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, *http://www.usccr.gov,* or to contact the Farella E. Robinson at the Central Regional Office at the above e-mail or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, May 22, 2007. Ivy L. Davis, Acting Director, Acting Chief, Regional Programs Coordination Unit. [FR Doc. E7-10287 Filed 5-29-07; 8:45 am] BILLING CODE 6335-01-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* U.S. Census Age Search Service. *Form Number(s):* BC-600, BC-600(SP), BC-649(L), BC-658(L). *Agency Approval Number:* 0607-0117. *Type of Request:* Extension of a currently approved collection. *Burden:* 772 hours. *Number of Respondents:* 3,233. *Average Hours Per Response:* 10 minutes. *Needs and Uses:* The Census Bureau requests an extension of the currently approved collection for the United States Age Search Service. The age and citizenship searching service provided by the National Processing Center is a self-supporting operation of the U.S. Census Bureau. Expenses incurred in providing census transcripts are covered by the fees paid by individuals requesting a search of the census records. The Survey Processing Branch/Personal Census Search Unit in Jeffersonville, Indiana, maintains the 1910-2000 Federal censuses for searching purposes. The purpose of the searching is to provide, upon request, transcripts of personal data from historical population census records. Information relating to age, place of birth, and citizenship is provided upon payment of the established fee to individuals for their use in qualifying for social security, old age benefits, retirement, court litigation, passports, insurance settlements, etc. The census records maintained in this unit are confidential by an Act of Congress. The Census Bureau is prohibited by federal laws from disclosing any information contained in the records except upon written request from the person to whom the information pertains or to a legal representative. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain a benefit. *Legal Authority:* Title 13 U.S.C., Section 8a. *OMB Desk Officer:* Brian Harris-Kojetin,
(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: May 23, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10329 Filed 5-29-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* 2008 New York City Housing and Vacancy Survey. *Form Number(s):* H-100, H-105, H-108, H-100(L), H-100L(A). *Agency Approval Number:* 0607-0757. *Type of Request:* Reinstatement, with change, of a previously approved collection. *Burden:* 10,175 hours. *Number of Respondents:* 20,500. *Average Hours Per Response:* 27 minutes. *Needs and Uses:* The U.S. Census Bureau requests approval to conduct the 2008 New York City Housing and Vacancy Survey (NYCHVS). The Census Bureau will conduct this survey for the New York City Department of Housing Preservation and Development (NYCHPD). Pursuant to the Local Emergency Housing Rent Control Act (Chapter 8603, Laws of New York, 1963, as amended by Chapter 657, Laws of New York, 1967) and Sections 26-414 and 26-415 of the Administrative Code of the City, a survey is required in order to determine the supply, condition, and vacancy rate of housing in the city. The NYCHPD must take this survey every three years. The Census Bureau has conducted this survey for the city since 1962, most recently in 2002 under the authority of Title 13 U.S.C., section 8b. Census Bureau interviewers will conduct personal visit interviews for a sample of housing units in the City, the vast majority of which are rental units in multi-unit rental structures (apartment buildings). Single-family rental or owner-occupied units (houses), however, are not excluded from the sample. Census will interview residents (occupied units) or other knowledgeable people such as a building manager, superintendent, or rental or real estate agent (vacant units) to gather information on vacancy rates, housing costs, and the income of residents. About ten percent of the sample will be reinterviewed for quality control purposes. Census will also determine primarily by observation whether a separate sample of units previously lost from the City's housing inventory have been reconverted for residential use. The 2008 NYCHVS will be an up-to-date and comprehensive data source required by rent control laws as well as a source of data needed to evaluate the city's housing policies. Specifically, the city will look to the 2008 survey to provide accurate and reliable estimates of the rental and homeowner vacancy rates, to measure improvements in housing and neighborhood conditions, and to provide data on low-income, doubled-up, and crowded households at risk of becoming homeless. The city will use the results to develop programs and policies that aim to improve housing conditions. Affected Public: Individuals or households, business or other for-profit organizations. *Frequency:* Every three years. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13 U.S.C., Section 8b. *OMB Desk Officer:* Brian Harris-Kojetin,
(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: May 23, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10333 Filed 5-29-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* The American Community Survey. *Form Number(s):* ACS-1, ACS-1(SP), ACS-1PR, ACS-1PR(SP),ACS-1(GQ), ACS-1(PR)(GQ), GQFQ, ACS CATI (HU), ACS CAPI (HU), ACS Reinterview (HU), GQ Reinterivew. *Agency Approval Number:* 0607-0810. *Type of Request:* Revision of a currently approved collection. *Burden:* 1,994,500 hours. *Number of Respondents:* 3,220,000. *Average Hours Per Response:* 37 minutes. *Needs and Uses:* The Census Bureau has developed a methodology to collect and update every year demographic, social, economic, and housing data that are essentially the same as the “long-form” data that the Census Bureau traditionally has collected once a decade as part of the decennial census. Federal and state government agencies use such data to evaluate and manage federal programs and to distribute funding for various programs that include food stamp benefits, transportation dollars, and housing grants. State, county, and community governments, nonprofit organizations, businesses, and the general public use information like housing quality, income distribution, journey-to-work patterns, immigration data, and regional age distributions for decision-making and program evaluation. In years past, the Census Bureau collected the long-form data only once every ten years, which become out of date over the course of the decade. To provide more timely data, the Census Bureau developed an alternative called the American Community Survey (ACS). The ACS blends the strength of small area estimation with the high quality of current surveys. There is an increasing need for current data describing lower geographic detail. The ACS is now the only source of data available for small-area levels across the Nation and in Puerto Rico. In addition, there is an increased interest in obtaining data for small subpopulations such as groups within the Hispanic, Asian, and American Indian populations, the elderly, and children. The ACS provides current data throughout the decade for small areas and small subpopulations. In its reengineering efforts for Census 2010, the Census Bureau is working to achieve a simplified census based on addressing the needs of different population groups, creating an integrated system for data capture, processing, and tabulation, and conducting early testing and evaluation to achieve operational efficiencies. Decennial census data collection efforts will now be spread throughout the decade. The operations, and the systems and technologies that support them, will be revised and improved to support a continuous data collection program. Currently, the Census Bureau is implementing an alternative census design. The design retains a short form to conduct a census count and collect a few basic characteristics and removes the long form from the decennial census, opting instead to replace the once-a-decade long-form survey with a continuous annual survey, the American Community Survey. Given the escalating complexity of collecting data, the separation of long-form data collection from the 2010 Census is critical. The American Community Survey achieves this goal. The American Community Survey provides more timely information for critical economic planning by governments and the private sector. In the current information-based economy, federal, state, tribal, and local decision-makers, as well as private business and nongovernmental organizations, need current, reliable, and comparable socioeconomic data to chart the future. The ACS began providing up-to-date profiles in 2006 for areas and population groups of 65,000 or more people, providing policymakers, planners, and service providers in the public and private sectors with information every year-not just every ten years. The ACS program will provide estimates annually for all states and for all medium and large cities, counties, and metropolitan areas. For smaller areas and population groups, it will take three to five years to accumulate information to provide accurate estimates. After that period of time, the multiyear average estimates will be updated annually. Using the Master Address File
(MAF)from the decennial census that is updated each year, Census will select a sample of addresses, mail survey forms each month to a new group of potential households, and attempt to conduct interviews over the telephone with households that have not responded. Upon completion of the telephone follow-up, Census will select a sub-sample of the remaining households, which have not responded, typically at a rate of one in three, to designate a household for a personal interview. Census will also conduct interviews with a sample of residents at a sample of group quarters
(GQ)facilities. Collecting these data from a new sample of HU and GQ facilities every month will not only provide more timely data but will lessen respondent burden in the decennial census. We will release a yearly microdata file, similar to the Public Use Microdata Sample file of the Census 2000 long-form records. In addition, we will produce total population summary tabulations similar to the Census 2000 tabulations down to the block group level. The microdata files, tabulated files, and their associated documentation are available through the Internet. For the 2008 ACS, we will use modified data collection materials based upon results of the 2006 ACS Content Test. The content of the 2008 American Community Survey questionnaire and data collection instruments for both residential and group quarters operations reflect 2006 tested changes to content, instructions, and forms design. These survey instruments will also include changes based on wording, format and instructions of the 2010 Census form for gender, age, relationship, race, Hispanic origin, and tenure. The 2006 ACS Content Test resulted in a Census Bureau recommendation to OMB to modify twelve (seven housing and five population) question series on the ACS. The modified housing questions are: Year Structure Built, Value of Property, Number of Rooms, Number of Bedrooms, Kitchen Facilities, Plumbing Facilities, and Telephone Service Availability, and Food Stamp Benefit. The modified population questions are: School Enrollment, Educational Attainment, Residence 1 Year Ago, Disability, and Labor Force Status. Two ACS questions, veteran years of military service and seasonal residence, will no longer be included in the ACS. The Veterans Administration has determined that these data are no longer needed annually at small geographic areas. The seasonal residence question was included in the ACS for the Census Bureau to evaluate seasonality effects. We now have enough data and do not need to continue this data collection. The Census Bureau proposes including three new subjects on the ACS: Health insurance coverage, marital history, and veteran's service-connected disability ratings. Census is beginning the once-a-decade process of confirming the statutory basis of each question on the ACS. Census will be seeking documentation and confirmation from other Federal agencies to ensure that every ACS question is fully justified and that data are needed annually at small geographic areas. This documentation will be submitted to Congress by March 31, 2008, as required by statute, and to OMB and the public as well. *Affected Public:* Individuals or households, business or other for-profit organizations, not-for-profit institutions, Farms. *Frequency:* Monthly. Respondents are required to provide a response only once. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13 U.S.C., Sections 141, 193, and 221. *OMB Desk Officer:* Brian Harris-Kojetin,
(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov)* . Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail *(bharrisk@omb.eop.gov).* Dated: May 23, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10335 Filed 5-29-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Submission for OMB Review: Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995, Public Law 104-13. *Bureau:* International Trade Administration (ITA). *Title:* Advocacy Comment Card. *Agency Form Number:* None. *OMB Number:* 0625-0251. *Type of Request:* Regular submission. *Burden:* 54 hours. *Number of Respondents:* 650. *Average Hours Per Response:* 5 minutes. *Needs and Uses:* The International Trade Administration's U.S. Commercial Service
(USCS)is mandated by Congress to help U.S. businesses, particularly small- and medium-sized companies, export their products and services to global markets. As part of its mission, the USCS uses “Comment Cards” to collect feedback from the U.S. business clients it serves. The surveys request the client to evaluate the USCS on its customer service provision. The results from the surveys are used to make improvements to the agency's business processes in order to provide better and more effective export assistance to U.S. companies. The purpose of the survey is to collect feedback from U.S. businesses that receive advocacy services from the USCS. In providing these services, the USCS advocates on behalf of a U.S. company that is bidding on a project or government contract, attempting to recover payment or goods, or facing a barrier to market entry. *Affected Public:* Business or other for-profit organizations. *Frequency:* On occasion. *Respondents Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 or via the Internet at *dHynek@doc.gov* . Written comments and recommendations for the proposed information collection should be sent within 30 days of this publication to David Rostker, OMB Desk Officer, via the Internet *David_Rostker@omb.eop.gov* or Fax
(202)395-7285. Dated: May 24, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10406 Filed 5-29-07; 8:45 am] BILLING CODE 3510-FP-P DEPARTMENT OF COMMERCE Census Bureau Survey of Industrial Research and Development ACTION: Proposed information collection; comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before July 30, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Julius Smith, Jr., Census Bureau, Room 7K145, Washington, DC 20233-6900, 301-763-4683 (or via the Internet at *julius.smith.jr@census.gov* ) and Raymond M. Wolfe, National Science Foundation, 4201 Wilson Boulevard, Suite 965, Arlington, VA 22230, 703-292-7789 (or via the Internet at *rwolfe@nsf.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The U.S. Census Bureau plans to extend the current OMB clearance for the Survey of Industrial Research and Development (R&D). The survey has been conducted annually since 1953. The information collection involves the estimation of the expenditures on research and development performed within the United States by industrial firms. Industry accounts for over 70 percent of total U.S. R&D each year and since its inception, the survey has provided continuity of statistics on R&D expenditures by major industry groups and by source of funds. The survey is the industrial component of the National Science Foundation
(NSF)statistical program that seeks “* * * to provide a central clearinghouse for the collection, interpretation, and analysis of data on scientific and engineering resources and to provide a source of information for policy formulation by other agencies of the Federal government, as mandated in the National Science Foundation Act of 1950.” Statistics from the survey will be released by the Census Bureau and published in NSF's annual publication series Research and Development in Industry. The proposed collection will continue the survey for three years. II. Method of Collection The Census Bureau will use mail out/mail back survey forms to collect the data and will also offer an electronic version of the form via the Internet. Companies will be asked to respond within 30 days (RD-1A) or 60 days (RD-1) of initial mailing. This due date will be imprinted at the top of the form. Letters encouraging participation will be mailed to companies that have not responded by the designated time. III. Data *OMB Number:* 0607-0912. *Form Number:* RD-1 (long form); RD-1A (abbreviated form). *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* RD-1, 3,600; and RD-1A, 28,500. *Estimated Time Per Response:* RD-1—8 hours; RD-1A—1 hour. *Estimated Total Annual Burden Hours:* 57,300. *Estimated Total Annual Cost:* $1,056,039. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13, United States Code, Sections 182, 224, and 225. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: May 23, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10330 Filed 5-29-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Census Bureau Local Update of Census Addresses
(LUCA)Program ACTION: Proposed information collection; comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before July 30, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Robert A. LaMacchia, Chief, Geography Division, U.S. Census Bureau, Washington, DC 20233-7400; telephone
(301)763-2131; fax
(301)763-4710; or by e-mail at *robert.a.lamacchia@census.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The Local Update of Census Addresses
(LUCA)Program was developed by the U.S. Census Bureau to meet the requirements of the Census Address List Improvement Act of 1994, Public Law 103-430. The Census Bureau will use the LUCA program to help develop the housing unit and group quarters (e.g., college dormitory, nursing home, correctional facility, etc.) address information that it will need to conduct the 2010 Decennial Census. Under the voluntary LUCA Program, participating governments may review the Census Bureau's confidential list of individual living quarters addresses and provide to the Census Bureau address additions, corrections, deletions, and/or the identification of corrected address counts for census blocks; street and street attribute updates; and legal boundary updates. Governments electing to participate in the LUCA program also provide program contact information, certification of their agreement to maintain the confidentiality of the Census Bureau address information, responses regarding their physical and information technology security capabilities, program option and product media preference information, shipment inventory information, and certification of their return/destruction of materials containing confidential data. The program will be available to tribal, state, and local governments, and the District of Columbia and Puerto Rico (or their designated representatives) in areas for which the Census Bureau performs a precensus address canvassing operation (excluded are sparsely settled areas in the states of Alaska and Maine). The LUCA program includes federally recognized American Indian tribes with reservations and/or off-reservation trust lands, states, and general-purpose local governments, such as cities and townships, for which the Census Bureau reports data. This information collection will occur between August 2007 and April 2008. II. Method of Collection The information on address additions, corrections, deletions, and/or the identification of corrected address counts for census blocks is collected, at the participating government's option, in the form of: a. Handwritten annotations to printed address listings (for governments with 6,000 or fewer addresses); or b. Electronic data files formatted to Census Bureau specifications; or c. Electronic data files output by the MAF/TIGER Partnership Software, a desktop computer application supplied free-of-charge to LUCA Program participants that permits the review and update of Census Bureau address and map information. The information on street and street attribute updates as well as legal boundary updates is collected, at the participating government's option, in the form of: a. Handwritten annotations on Census Bureau-supplied paper maps; or b. Electronic updates to Census Bureau-supplied digital shape files; or c. Shape files output by the MAF/TIGER Partnership Software, a desktop computer application supplied free-of-charge to LUCA Program participants that permits the review and update of Census Bureau address and map information. The information on the program contacts, certification of agreement to maintain the confidentiality of the Census Bureau address information, physical and information technology security capabilities, program option and product media preferences, shipment inventory, and certification of the return/destruction of materials containing confidential data is collected via the completion of printed paper forms. III. Data *OMB Number:* 0607-0795. *Form Numbers:* D-1668—Registration Form—English D-1668(PR)(S)—Registration Form—Spanish D-1669—Confidentiality Agreement Form—English D-1669(PR)(S)—Confidentiality Agreement Form—Spanish D-1670—Participation Option/Product Preference Form D-1670(LTW)—Product Preference Form—Mailed to entities wholly within a federally-recognized American Indian reservation and/or trust land D-1670(SG)—Participation Option/GIS Preference/County Selection Form—mailed to governors only (state level form) D-1670(PR)(S)—Participation Option/Product Preference Form—Spanish D-1670(SG)(PR)(S)—Participation Option/GIS Preference/County Selection Form—mailed to governors only (state level form) D-1671—Inventory Form—English D-1671(PR)(S)—Inventory Form—Spanish D-1674—Return/Destruction Form—English D-1674(PR)(S)—Return/Destruction Form—Spanish D-1676—Self-Assessment Checklist—English D-1676(PR)(S)—Self-Assessment Checklist—Spanish D-1690(LG)—Address List—local government D-1690(TG)—Address List—tribal government D-1690(PR)(S)—Address List—Puerto Rico (Spanish) D-1691(LG)—Address List Add Page—local government D-1691(TG)—Address List Add Page—tribal government D-1691(PR)(S)—Address List Add Page—Puerto Rico (Spanish) D-1692(LG)—Address Count List—local government D-1692(TG)—Address Count List—tribal government D-1692(PR)(S)—Address Count List—Puerto Rico (Spanish) *Type of Review:* Reinstatement, with change, of a previously approved collection for which approval has expired. *Affected Public:* Tribal, state, and local governments. *Estimated Number of Respondents:* 19,780 governments. *Estimated Time Per Response:* 196 hours on average; will vary by population size of government. *Estimated Total Annual Burden Hours:* 3,909,829. *Estimated Total Annual Cost:* $0. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13 U.S.C., Chapter 1, Subchapter 1, Section 16. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: May 24, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10361 Filed 5-29-07; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Bureau of Industry and Security Voluntary Self-Disclosure of Antiboycott Violations ACTION: Proposed information collection: Comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before July 30, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington DC 20230, (or via the Internet at *dHynek@doc.gov.* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Larry Hall, BIS ICB Liaison, Department of Commerce, Room 6622, 14th & Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: I. Abstract This collection of information supports enforcement of the antiboycott provisions for the Export Administration Regulations
(EAR)by providing a method for industry to voluntarily self-disclose antiboycott violations. II. Method of Collection Paper form. III. Data *OMB Number:* 0694-0132. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Businesses or other for-profit organizations, and not-for-profit institutions. *Estimated Number of Respondents:* 10. *Estimated Time Per Response:* 10 to 600 hours per response. *Estimated Total Annual Burden Hours:* 1,280. *Estimated Total Annual Cost:* No start-up capital expenditures. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. In addition, the public is encouraged to provide suggestions on how to reduce and/or consolidate the current frequency of reporting. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they will also become a matter of public record. Dated: May 23, 2007 Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7-10328 Filed 5-29-07; 8:45 am] BILLING CODE 3510-DT-P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 05-BIS-16] In the Matter of: Rufina Sanchez Lopez, Principal; Winter Aircraft Products SA; a/k/a Ruf S. Lopez SA; C/Ferrocarril 41; 1 DCHA; 28045 Madrid Spain; Respondent; Final Decision and Order This matter is before me upon a Recommended Decision and Order of the Administrative Law Judge (“ALJ”). In a charging letter filed on September 12, 2005, the Bureau of Industry and Security (“BIS”) alleged that Respondent, Rufina Sanchez Lopez, (“Sanchez Lopez”), in her capacity as Principal of Winter Aircraft Products SA (“Winter Aircraft”), committed two violations of the Export Administration Regulations (currently codified at 15 CFR parts 730-774) (2007)) (“Regulations”) 1 , issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (the “Act”). 2 Specifically, the charging letter alleged that between on or about November 1, 2000, and on or about November 17, 2000, Sanchez Lopez took actions with intent to evade the Regulations. Specifically, on or about November 1, 2000, Sanchez Lopez, acting through her company Winter Aircraft, acquired aircraft parts, items subject to the Regulations and classified under Export Control Classification Number (“ECCN”) 9A991, from U.S. suppliers with intent to transship such items to Iran. Winter Aircraft failed to inform the U.S. suppliers of the ultimate destination of the items and, as such, no license was obtained from the U.S. Government for this transaction, as was required by Section 746.7 of the Regulations. On or about November 17, 2000, Winter Aircraft transshipped the aircraft parts to Iran. In taking these actions, Sanchez Lopez committed one violation of Section 764.2(h) of the Regulations. 1 The violations charged occurred in 2000. The Regulations governing the violations at issue are found in the 2000 version of the Code of Federal Regulations (15 CFR parts 730-774 (2000)). The 2007 Regulations establish the procedures that apply to this matter. 2 From August 21, 1994, through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (“IEEPA”). On November 13, 2000, the Act was reauthorized and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 3, 2006 (71 FR 44,551 (August 7, 2006)), has continued the Regulations in effect under IEEPA. The charging letter further alleged that between on or about October 19, 2000, and on or about November 22, 2000, Sanchez Lopez took actions with intent to evade the Regulations. Specifically, on or about October 19, 2000, Sanchez Lopez, acting through her company Winter Aircraft, acquired aircraft parts, items subject to the Regulations and classified under ECCN 9A991, from U.S. suppliers with intent to transship such items to Iran. Winter Aircraft failed to inform the U.S. suppliers of the ultimate destination of the items and, as such, no license was obtained from the U.S. Government for this transaction, as was required by Section 746.7 of the Regulations. On or about November 22, 2000, Winter Aircraft transshipped the aircraft parts subject to the Regulations to Iran. In taking these actions, Sanchez Lopez committed one violation of Section 764.2(h) of the Regulations. On September 12, 2005, BIS mailed the notice of issuance of the charging letter by registered mail to Sanchez Lopez at her last known address, in accordance with Section 766.3(b)(1) of the Regulations. The notice of issuance of a charging letter was received by Sanchez Lopez on or about September 21, 2005. To date, Sanchez Lopez has not filed an answer to the charging letter with the ALJ, as required by the Regulations. In accordance with Section 766.7 of the Regulations, BIS filed a Motion for Default Order on March 20, 2007. This Motion for Default Order recommended that Sanchez Lopez be denied export privileges under the Regulations for a period often years. Under Section 766.7(a) of the Regulations, “[f]ailure of the respondent to file an answer within the time provided constitutes a waiver of the respondent's right to appear,” and “on BIS's motion and without further notice to the respondent, [the ALJ] shall find the facts to be as alleged in the charging letter.” Based upon the record before him, the ALJ found Sanchez Lopez in default. On May 1, 2007, the ALJ issued a Recommended Decision and Order in which he found that Sanchez Lopez committed two violations of Section 764.2(h). The ALJ recommended the penalty of denial of export privileges for ten years. The ALJ's Recommended Decision and Order, together with the entire record in this case, has been referred to me for final action under Section 766.22 of the Regulations. I find that the record supports the ALJ's findings of fact and conclusions of law. I also find that the penalty recommended by the ALJ is appropriate, given the nature of the violations and the facts of this case, and the importance of preventing future unauthorized exports. Based on my review of the entire record, I affirm the findings of fact and conclusions of law in the ALJ's Recommended Decision and Order. *Accordingly it is therefore ordered,* *First,* that for a period of ten years from the date of this Order, Rufina Sanchez Lopez, Principal, Winter Aircraft Products SA, a/k/a Ruf S. Lopez SA, C/Ferrocarril 41, 28045 Madrid, Spain, and when acting for or on behalf of Sanchez Lopez, her representatives, agents and employees (hereinafter collectively referred to as the “Denied Person”), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. *Second,* that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and that is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. *Third,* that after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to the Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. *Fourth,* that this Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreign-produced direct product of U.S.-origin technology. *Fifth,* that this Order shall be served on the Denied Person and on BIS, and shall be published in the **Federal Register** . In addition, the ALJ's Recommended Decision and Order, except for the section related to the Recommended Order, shall be published in the **Federal Register** . This Order, which constitutes the final agency action in this matter, is effective immediately. Dated: May 24, 2007. Mark Foulon, Acting Under Secretary of Commerce for Industry and Security. Recommended Decision and Order On September 12, 2005, the Bureau of Industry and Security, U.S. Department of Commerce (“BIS”), issued a charging letter initiating this administrative enforcement proceeding against Rufina Sanchez Lopez, (“Sanchez Lopez”), in her capacity as Principal of Winter Aircraft Products SA (“Winter Aircraft”). The charging letter alleged that Sanchez Lopez committed two violations of the Export Administration Regulations (currently codified at 15 CFR Parts 730-774 (2006)) (the “Regulations”), 1 issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420
(2000)(the “Act”). 2 In accordance with § 766.7 of the Regulations, BIS has moved for the issuance of an Order of Default against Sanchez Lopez as Sanchez Lopez has failed to file an answer to the allegations in the charging letter issued by BIS within the time period required by law. 1 The violations charged occurred in 2000. The Regulations governing the violations at issue are found in the 2000 version of the Code of Federal Regulations (15 CFR Parts 730-774 (2000)). The 2006 Regulations establish the procedures that apply to this matter. 2 From August 21, 1994 through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12,924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000, 3 CFR, 2000 Comp. 397 (2001), continued the Regulations in effect under the International Emergency Economic Powers Act, 50 U.S.C. 1701-1706
(2000)(“IEEPA”). On November 13, 2000, the Act was reauthorized and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13,222 of August 17, 2001, 3 CFR, 2001 Comp. 783 (2002), as extended by the Notice of August 3, 2006, 71 FR 44551 (Aug. 7, 2006), has continued the Regulations in effect under the IEEPA. A. Legal Authority for Issuing an Order of Default Section 766.7 of the Regulations states that BIS may file a motion for an order of default if a respondent fails to file a timely answer to a charging letter. That section, entitled Default, provides in pertinent part: Failure of the respondent to file an answer within the time provided constitutes a waiver of the respondent's right to appear and contest the allegations in the charging letter. In such event, the administrative law judge, on BIS's motion and without further notice to the respondent, shall find the facts to be as alleged in the charging letter and render an initial or recommended decision containing findings of fact and appropriate conclusions of law and issue or recommend and order imposing appropriate sanctions. 15 CFR 766.7 (2006). Pursuant to § 766.6 of the Regulations, a respondent must file an answer to the charging letter “within 30 days after being served with notice of the issuance of the charging letter” initiating the proceeding. B. Service of the Notice of Issuance of Charging Letter In this case, BIS served notice of issuance of the charging letter in accordance with § 766.3(b)(1) of the Regulations when it sent a copy of the charging letter by registered mail to Sanchez Lopez at her last known address on September 12, 2005. Although, BIS did not receive the signed registered mail receipt, BIS did receive a letter from Winter Aircraft, the company in which Sanchez Lopez is Principal, acknowledging receipt of the charging letter on September 21, 2005. Further, BIS and Winter Aircraft have engaged in several months of correspondence regarding the matter. BIS counsel has advised Sanchez Lopez, through her company Winter Aircraft, repeatedly to file an answer to the charging letter with the Administrative Law Judge (“ALJ”). Sanchez Lopez has failed to file an answer to the charging letter as required by section 766.6 of the Regulations. Accordingly, Sanchez Lopez is in default. C. Summary of Violations Charged The charging letter filed by BIS included a total of two charges. Specifically, the charging letter alleged the following: Charge 1 (15 CFR 764.2(h)—Engaging in a Transaction With Intent To Evade the Regulations) Between on or about November 1, 2000, and on or about November 17, 2000, Sanchez Lopez, took actions with intent to evade the Regulations. Specifically, on or about November 1, 2000, Sanchez Lopez, acting through her company Winter Aircraft, acquired aircraft parts, items subject to the Regulations and classified under Export Control Classification Number (“ECCN”) 9A991, from U.S. suppliers with intent to transship such items to Iran. Winter Aircraft failed to inform the U.S. suppliers of the ultimate destination of the items and, as such, no license was obtained from the U.S. Government for this transaction, as was required by Section 746.7 of the Regulations. On or about November 17, 2000, Winter Aircraft transshipped the aircraft parts subject to the EAR to Iran with a substantial markup in price. In taking these actions, Sanchez Lopez committed one violation of Section 764.2(h) of the Regulations. Charge 2 (15 CFR 764.2(h)—Engaging in a Transaction With Intent To Evade the Regulations) Between on or about October 19, 2000, and on or about November 22, 2000, Sanchez Lopez took actions with intent to evade the Regulations. Specifically, on or about October 19, 2000, Sanchez Lopez, acting through her company Winter Aircraft, acquired aircraft parts, items subject to the Regulations and classified under ECCN 9A991, from U.S. suppliers with intent to transship such items to Iran. Winter Aircraft failed to inform the U.S. suppliers of the ultimate destination of the items, and, as such, no license was obtained from the U.S. Government for this transaction, as was required by Section 746.7 of the Regulations. On or about November 22, 2000, Winter Aircraft transshipped the aircraft parts subject to the EAR to Iran with a substantial markup in price. In taking these actions, Sanchez Lopez committed one violation of Section 764.2(h) of the Regulations. D. Penalty Recommendation [REDACTED SECTION] E. Conclusion Accordingly, the undersigned refers this Recommended Decision and Order to the Under Secretary of Commerce for Industry and Security for review and final action for the agency, without further notice to the Respondent, as provided in § 766.7 of the Regulations. Within 30 days after receipt of this Recommended Decision and Order, the Under Secretary shall issue a written order affirming, modifying, or vacating the Recommended Decision and Order. *See* 15 CFR 766.22(c). Dated: May 1, 2007. Joseph N. Ingolia, Chief Administrative Law Judge. [FR Doc. 07-2675 Filed 5-25-07; 8:45 am]
Connectionstraces to 7
10 references not yet in our index
- 435 U.S. 519
- 803 F.2d 1016
- 490 F. Supp. 1334
- 40 CFR 1503.3
- 40 CFR 1501.7
- Pub. L. 110-5
- 7 CFR 3015
- Pub. L. 104-13
- Pub. L. 103-430
- 50 USC 1701-1706
Citation graph
cites case law
Notices
Notice of intent to prepare a supplemental environmental impact statement
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
F. Supp.490 F. Supp. 1334
Cite40 CFR 1503.3
Cite40 CFR 1501.7
Cites 17 · showing 12Cited by 0 across 0 sources