Notices. Notice of proposed directives; request for public comment

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

BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Forest Service RIN 0596-AC50 Proposed Directives for Forest Service Outfitting and Guiding Special Use Permits and Insurance Requirements for Forest Service Special Use Permits AGENCY: Forest Service, USDA. ACTION: Notice of proposed directives; request for public comment. SUMMARY: The Forest Service is proposing changes to directives governing special use permits for outfitting and guiding conducted on National Forest System lands by simplifying the application and administration process; establishing a flat land use fee for temporary use permits; developing a process for allocation of use on a first-come, first-served basis for temporary use permits to facilitate greater participation in outfitting and guiding by youth, educational, and religious groups; offering the same terms and conditions to educational and institutional permit holders as to other types of permit holders; and clarifying policy for priority use permits governing performance, inspections, and allocation of use.

In addition, the Forest Service is proposing changes to a directive governing insurance requirements for Forest Service special use permits. Public comment is invited and will be considered in development of the final directives. DATES: Comments must be received in writing by January 17, 2008. ADDRESSES: Send comments electronically by following the instructions at the Federal eRulemaking portal at *http://www.regulation.gov.* Comments also may be submitted by mail to U.S. Forest Service, Attn:

Carolyn Holbrook, Recreation and Heritage Resources Staff (2720), 1400 Independence Avenue, SW., Stop 1125, Washington, DC 20250-1125. If comments are sent electronically, the public is requested not to send duplicate comments by mail. Please confine comments to issues pertinent to the proposed directives, explain the reasons for any recommended changes, and, where possible, reference the specific section and wording being addressed. All comments, including names and addresses when provided, will be placed in the record and will be available for public inspection and copying.

The public may inspect comments received on these proposed directives in the Office of the Director, Recreation and Heritage Resources Staff, 4th Floor Central, Sidney R. Yates Federal Building, 14th and Independence Avenue, SW., Washington, DC, on business days between 8:30 a.m. and 4 p.m. Those wishing to inspect comments are encouraged to call ahead at

(202)205-1426 to facilitate entry into the building. FOR FURTHER INFORMATION CONTACT: Carolyn Holbrook,

(202)205-1426, Recreation and Heritage Resources Staff. SUPPLEMENTARY INFORMATION: 1. Background and Need for the Proposed Directives Outfitting and guiding conducted on National Forest System lands have become one of the chief means for the recreating public to experience the outdoors. The Forest Service administers approximately 5,000 outfitting and guiding permits, authorizing activities ranging from guided hunting and fishing trips to jeep tours and outdoor leadership programs. The agency anticipates that outfitting and guiding will increase in importance as the public's desire for use of Federal lands increases and as the agency encourages use by increasingly diverse and urban populations, many of whom may lack the equipment and skills necessary in the outdoors. Therefore, agency policy needs to reflect the public's demand for services while incorporating standard business practices and sustaining the natural environment in which these activities occur. Except for the revision to term length for priority use permits (70 FR 19727), outfitting and guiding directives have remained relatively unchanged since they were finalized in 1995. Since that time, proposed legislation and field implementation of current policy have shown the need for updating the directives. Any proposed changes that are adopted would be incorporated as appropriate in the standard special use permit for outfitting and guiding, form FS-2700-4i, or other applicable forms. In addition, the Forest Service is proposing to update direction on the minimum amounts of insurance coverage required for special use permits, including outfitting and guiding permits. While this direction applies to special uses generally, it is particularly important for outfitting and guiding, which can entail significant risk and severity of injury. 2. Section-by-Section Analysis of Proposed Changes to Outfitting and Guiding Directives In General Chapter 40, section 41.53, of Forest Service Handbook

(FSH)2709.11 would be reformatted and renumbered in its entirety. The number of sections would be expanded from 12 to 15 (41.53a through 41.53o). Policy Proposed section 41.53c, paragraph 5, would be revised to provide that outfitting and guiding authorized under a term permit be addressed in a supplement to the term permit rather than in the operating plan. A Forest Service form would be created for this purpose that would incorporate clauses from the standard outfitting and guiding permit, form FS-2700-4i. Additionally, paragraph 6 would be added to clarify who can hold an outfitting and guiding permit. New Definitions In proposed section 41.53d, definitions for the following terms would be added in alphabetical order to the list of definitions currently in section 41.53c: *Allocation of Use.* An amount of use allocated to a holder that is measured in service days or quotas and that is enumerated in a programmatic or project decision that is consistent with the applicable land management plan. This definition, excerpted from ID 2709.11-2005-1, would be added to clarify how use will be measured. *Assigned Site.* A site, such as a base or drop camp, picnic area, boat launch, or helispot, that is authorized for use and occupancy by a holder and for which a fee is paid by that holder. This definition, from FSH 2709.11, section 37.05, with minor revisions, would be added to facilitate permit administration. *Commercial Use or Activity.* Any use or activity on National Forest System lands

(a)where an entry or participation fee is charged or

(b)where the primary purpose is the sale of a good or service and, in either case, regardless of whether the use or activity is intended to produce a profit (36 CFR 251.51). This definition, excerpted from 36 CFR 251.51, would be added to clarify that the for-profit or not-for-profit status of entities does not determine whether they are conducting a commercial use. *Controlling Interest.* In the case of a corporation, an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the business so as to permit the exercise of managerial authority over the actions and operations of the corporation or election of a majority of the board of directors of the corporation. In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity. In other circumstances, any arrangement under which a third party has the ability to exercise management authority over the actions or operations of the business. This definition, excerpted from 36 CFR 251.120, would be added for consistency with that rule and to clarify what constitutes a controlling interest for different types of business entities. *Livestock Use.* Use of pack and saddle stock authorized in connection with an outfitting and guiding permit, expressed in animal months and by type of animal. A cross-reference for this definition in FSM 2234.11 would be added to be consistent with terminology in Forest Service grazing policy. *Needs Assessment.* An assessment of public or agency need for authorized outfitting or guiding activities. This definition would be added to clarify an important step in deciding what types of public services are needed on National Forest System lands. *Quota.* An allotment of use measured as the number of stock per trip, people at one time, trips per hour or per day, the number of launches per day, or other unit of measure other than a service day that is consistent with the applicable land management plan guidance and established in a programmatic or project decision. This definition, adopted from ID 2709.11-2005-1, would be added to clarify that use may be allocated in a unit of measure other than a service day when consistent with the applicable land management plan guidance or approved in a programmatic or project decision. In contrast to service days, which allocate use annually, quotas set limits on the number of people or livestock that may be present at one time. *Resource Capacity.* Amount of overall use an area can sustain without detrimental social or physical resource impacts. This definition would be added to clarify an important step in deciding where and how much use is appropriate in an area under analysis. *Service Day.* An allocation of use derived from a day or any part of a day on National Forest System lands for which an outfitter or guide provides services to a client, multiplied by the number of clients on the trip. This definition, found in chapter 30 of FSH 2709.11 on fee determination and ID 2709.11-2007-1, would be added to chapter 40 to facilitate permit administration. In addition, this definition would be revised to conform to the agency's concept of a service day for purposes of allocation of outfitting and guiding use, which is based on the number of days or parts of days services are provided on National Forest System lands, as well as the number of clients on a trip. Revised Definitions The following definitions would be revised to read as follows: *Guiding.* Providing services or assistance (such as supervision, protection, education, training, packing, touring, subsistence, transporting people, or interpretation) for pecuniary remuneration or other gain to individuals or groups on National Forest System lands. The term “guide” includes the holder's employees and agents. This definition would be modified to make it consistent with revisions made to the definition during rulemaking (69 FR 41946, July 13, 2004). *Holder.* An individual or entity that holds a special use permit authorizing outfitting or guiding activities on National Forest System lands. This definition would be revised to apply to entities that have received a permit rather than to applicants. *Outfitting.* Renting on or delivering to National Forest System lands for pecuniary remuneration or other gain any saddle or pack animal, vehicle, boat, camping gear, or similar supplies or equipment. The term “outfitter” includes the holder's employees and agents. This definition would be revised to make it consistent with revisions made to the definition during rulemaking (69 FR 41946, July 13, 2004). *Priority Use.* Authorization of use for up to 10 years, based on the holder's past use and performance and applicable programmatic or project decision to allocate use. Except as provided in 36 CFR part 251, subpart E, authorizations providing for priority use are subject to renewal (FSH 2709.11, sec. 41.53k). This definition would be revised for better syntax. *Renewal.* The issuance of a new priority use permit for the same use to the same holder upon expiration of the holder's current priority use permit. This definition would be revised to clarify that renewal applies only to priority use permits and not to temporary use permits. *Temporary Use.* Authorization of a minor, non-recurring outfitting or guiding activity for one season or less. This definition would be revised for consistency with the concept of temporary use in proposed section 41.53j. Removed Definition The definition for incidental use would be removed and replaced with the proposed definition of temporary use. Land Use Management Proposed section 41.53e would be new direction that would address needs assessments, resource capacity analysis, and allocation of use for outfitting and guiding consistent with agency policy for land use management generally and land management planning. These subjects are not addressed in the current directive. Applicable Authority Proposed section 41.53g, paragraph 1, would cite the Federal Lands Recreation Enhancement Act (REA), rather than Section 4 of the Land and Water Conservation Fund Act (LWCFA), as the authority for outfitting and guiding permits. REA supplanted the authority in the LWCFA for issuing special recreation use permits. Proposed section 41.53g, paragraph 1, also would cite the Term Permit Act of 1915 to acknowledge that in some circumstances outfitting and guiding may be authorized under that authority. Operations With the increase in demand for limited outfitting and guiding opportunities, entrepreneurs are sometimes proposing unacceptable business practices. For example, some permit holders are proposing to serve as brokers for outfitters and guides, whereby the holders would contract with outfitters and guides for all aspects of the authorized services. This practice does not meet the intent of the special uses regulations at 36 CFR part 251, subpart B, which require the holder to be technically qualified to provide authorized services and contemplate that the holder control day-to-day operations, maintain all required insurance coverage, and serve as the principal owner of the business assets. Current policy does not address these requirements effectively. Accordingly, proposed section 41.53i, paragraph 5, would require the holder or the holder's employees to conduct the day-to-day activities authorized by the permit, subject to specific exceptions enumerated in paragraphs 5a through 5c. These exceptions would allow the holder to contract for services and equipment, subject to certain conditions. To ensure that services and equipment contracted by the holder are covered by the holder's insurance policy, proposed section 41.53i, paragraph 5, also would require the holder's insurance policy to include an endorsement covering contracted equipment and services. The endorsement would be included in insurance directives at FSM 2713.1, paragraph f, exhibit 01. Proposed section 41.53i, paragraph 5, would give holders the flexibility to contract for needed services and equipment, while protecting the public, holders, and the United States. Specifically, proposed section 41.53i, paragraph 5a, would allow certain specified ancillary services to be provided by a party other than the holder or the holder's employees, (other than unanticipated, intermittent ancillary services authorized by proposed section 41.53i, paragraph 5c), but only with prior written approval from the authorized officer, provided that certain conditions are met. These specified ancillary services would include provision of special equipment or livestock; food and shuttle services; and for a limited number of trips, a specialized guide for people with disabilities or for highly technical trips. Proposed section 41.53i, paragraph 5b, would allow a holder authorized to provide solely outfitting services to contract with a guide, but only with the prior written approval of the authorized officer, based upon a finding that the following conditions are met:

(1)The services of the contracted guide are covered under the contracting holder's operating plan.

(2)The contracted guide has all required state licenses.

(3)The contract for guiding services states that the contracting holder remains responsible for compliance with the terms of the permit in connection with provision of guiding services.

(4)The contracting holder will exercise management authority over all the day-to-day field operations of the business, including guiding services covered by the contract. When on a particular day a holder lacks sufficient equipment or guides to accommodate the holder's customers, proposed section 41.53i, paragraph 5c, would allow the holder, without prior written approval from the authorized officer, to contract for additional equipment or guides from another Forest Service outfitting and guiding permit holder. The contracted equipment and services would be covered under the permit and operating plan of the contracting holder. Special Uses Streamlining Section 41.53j, paragraph 12, of this proposed directive would decrease administrative costs of temporary use permits for both the Forest Service and permit holders by eliminating the need for annual performance evaluations for these permits. This approach is consistent with the rationale for the Department's special uses streamlining regulations, promulgated at 36 CFR part 251, subpart B (63 FR 65949, November 30, 1998), to maximize efficiencies in the special uses program. Under proposed section 41.53j, temporary use permits would be issued for minor, non-recurring outfitting and guiding activities for one season or less and would not be subject to renewal, consistent with current policy. Examples of temporary use include a day trip conducted by an educational institution. As competition for limited outfitting and guiding opportunities has increased, the agency has become aware of the need to enhance availability of temporary use. To address this need, proposed section 41.53j, paragraphs 5, 6, and 7, would provide for allocation of temporary use service days or quotas from a common pool on a first-come, first-served basis throughout the calendar year. Upon termination of a temporary use permit, all service days or quotas allocated to the holder of that permit would be returned to the common pool for redistribution during the next calendar year. Additionally, priority use service days or quotas that have not been used within the first five years of a priority use permit or upon renewal of a priority use permit may be reallocated to the common pool for temporary use permits. This revision would increase the availability of use days for non-recurring outfitting and guiding. Supporting Small Businesses Proposed section 41.53k, paragraphs 2 and 3, would streamline administration of priority use by establishing a probationary 2-year permit term that could be extended based upon satisfactory performance. This proposed revision would replace the current, more cumbersome system of conversion from temporary to priority use. This proposed revision also would benefit applicants by allowing longer-term business planning than temporary permits that do not exceed one year and that have no assurance of renewal the following year. Under current policy, allocation of use for a priority use permit holder can be reduced if the holder uses less than 70 percent of the assigned use in each of three consecutive years. Adverse impacts on tourism from the events of September 11, 2001, and increasing numbers of large fires on National Forest System lands have demonstrated the need for modification of policy on adjusting allocation of use for priority use permit holders who do not use all their allotted service days. Current policy may penalize holders for actions outside their control and does not allow them to regain their original allocation. Proposed section 41.53l would provide for review of actual use after five years and adjustment of the allocation of use to match the highest amount of actual use in one calendar year during that period. In addition, ten percent of this amount would be added to the allocation to account for market fluctuations, availability of state hunting licenses, and natural phenomena (such as forest fires or floods) that may have adversely affected the holder's ability to utilize the authorized use fully, provided that the combination of the highest amount of actual use in one calendar year and the additional ten percent of use could not exceed the original amount of allocated use. This proposed change would more accurately reflect the time necessary to adjust to evolving market trends, would give the holder a buffer to manage cancellation of reservations, and would bring predictability to elements affecting business planning decisions. Additionally, this adjustment would release unused priority use days to other holders. 10-Year Term for Educational and Institutional Groups By removing section 41.53l on institutional and semi-public outfitting and guiding in the current directive, this proposed directive would apply the Forest Service's policy on priority use permits, including the maximum permit term of ten years, to institutional and semi-public groups, such as youth, educational, and religious groups. Currently, institutional and semi-public groups may hold only a temporary use permit of one year or less. Many of the largest holders in terms of client use and revenue are institutional groups. This change would facilitate greater business continuity and provide consistency and equity with other types of outfitting and guiding. Consistent with removing direction in current section 41.53l on institutional and semi-public outfitting and guiding and proposed changes to streamline administration of temporary use, the Forest Service is proposing to change the title of FSH 2709.11, section 37.21b, from “Fee for Temporary Use Permits for Incidental Use,” to “Flat Fee for Temporary Use Permits,” and revise the text to establish a flat fee for temporary use permits when adjusted gross revenue for use authorized by those permits is less than $10,000 for 50 or fewer service days or less than $20,000 for 51 to 100 service days. Permit Administration Proposed section 41.53n would address the grounds for revocation and suspension of an outfitting and guiding permit. This proposed section also would address applicable procedures for revocation and suspension, including immediate suspension, in accordance with applicable regulations. Paragraphs 3 and 4 of proposed section 41.53o, governing administration of priority use permits, would clarify requirements for performance standards developed by the Forest Service and would require development of a scoring system or other means for correlating the standards to performance ratings. Paragraph 5 of proposed section 41.53o would clarify the consequences ( *e.g.* , letter of probation, suspension, or revocation) of adverse performance ratings. Paragraph 6 of proposed section 41.53o would clarify notice requirements for suspension or revocation of a priority use permit, the requirement for a reasonable opportunity to take corrective action prescribed by the authorized officer, and the availability of appeal of adverse annual performance ratings and a decision to take adverse action based on those ratings. Paragraphs 7 and 8 would clarify that the findings from inspections which are used as a basis for performance ratings are not subject to administrative appeal. 3. Analysis of Proposed Changes to the Insurance Directive The Forest Service has determined that direction on insurance required for special use permits is obsolete. Specifically, minimum amounts of liability insurance coverage for special use permits enumerated in Forest Service Manual

(FSM)2713.1 are too low. In addition, current FSM 2713.1 does not provide guidance on distinguishing among different levels of risk in determining the minimum amount of liability insurance coverage. Proposed FSM 2713.1 would establish minimum amounts of liability insurance coverage that are consistent with industry practice and potential liability. Specifically, proposed FSM 2713.1 would increase the current minimum insurance amount of $100,000 for injury or death to one person to a range of $300,000 to $1,000,000, and would increase the current minimum insurance amount of $200,000 for injury or death to more than one person to a range of $500,000 to $2,000,000. Proposed FSM 2713.1 also would provide guidance on distinguishing among different levels of risk, both in terms of the severity and likelihood of injury, in selecting the minimum amount of insurance coverage within each range. Additionally, the reference to and exhibit for the sample certificate of insurance would be replaced with a reference to certificates of insurance on industry standard form ACCORD 25-S. The agency is proposing to reformat FSM 2713.1 and to make minor technical changes to the section. These changes include a new paragraph referencing separate, regionally established minimum amounts of liability insurance coverage for commercial users of National Forest System roads that are subject to an investment sharing agreement or reciprocal easement. 4. Regulatory Requirements Environmental Impact These proposed directives would revise national policy governing administration of special use permits for outfitting and guiding. Section 31b of Forest Service Handbook 1909.15 (57 FR 43180, September 18, 1992) excludes from documentation in an environmental assessment or environmental impact statement “rules, regulations, or policies to establish Servicewide administrative procedures, program processes, or instructions.” The agency has concluded that these proposed directives fall within this category of actions and that no extraordinary circumstances exist which would require preparation of an environmental assessment or environmental impact statement. Regulatory Impact These proposed directives have been reviewed under USDA procedures and Executive Order (E.O.) 12866 as revised by E.O. 13422, on regulatory planning and review. The Office of Management and Budget has determined that these are not significant directives. These proposed directives would not have an annual effect of $100 million or more on the economy, nor would they adversely affect productivity, competition, jobs, the environment, public health and safety, or State or local governments. These proposed directives would not interfere with an action taken or planned by another agency, nor would they raise new legal or policy issues. Finally, these proposed directives would not alter the budgetary impact of entitlement, grant, user fee, or loan programs or the rights and obligations of beneficiaries of such programs. Accordingly, these proposed directives are not subject to Office of Management and Budget review under Executive Order 12866. Moreover, these proposed directives have been considered in light of the Regulatory Flexibility Act (5 U.S.C. 602 *et seq.* ). It has been determined that these proposed directives would not have a significant economic impact on a substantial number of small entities as defined by the act because the proposed directives would not impose record-keeping requirements on them; the proposed directives would not affect their competitive position in relation to large entities; and the proposed directives would not significantly affect their cash flow, liquidity, or ability to remain in the market. To the contrary, the efficiencies and consistency to be achieved by the proposed outfitting and guiding directive should benefit small businesses that seek to use and occupy National Forest System lands by providing the potential for greater business continuity for outfitters and guides and by reducing the frequency of time-consuming and sometimes costly processing of special use applications. The benefits cannot be quantified and are not likely to substantially alter costs to small businesses. Increasing the minimum amounts of liability insurance coverage would not adversely affect small businesses because most outfitters and guides voluntarily carry, and most Forest Service regions already require, minimum coverage consistent with the proposed minimums, in accordance with industry practice. No Takings Implications These proposed directives have been analyzed in accordance with the principles and criteria contained in Executive Order 12630, and it has been determined that the proposed directives would not pose the risk of a taking of private property. Civil Justice Reform These proposed directives have been reviewed under Executive Order 12988 on civil justice reform. If the proposed directives were adopted,

(1)All State and local laws and regulations that are in conflict with the proposed directives or that would impede their full implementation would be preempted;

(2)no retroactive effect would be given to the proposed directives; and

(3)they would not require administrative proceedings before parties may file suit in court challenging their provisions. Federalism and Consultation and Coordination With Indian Tribal Governments The agency has considered these proposed directives under the requirements of Executive Order 13132 on federalism and has concluded that the proposed directives conform with the federalism principles set out in this executive order; would not impose any compliance costs on the States; and would not have substantial direct effects on the States, the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the agency has determined that no further assessment of federalism implications is necessary at this time. Moreover, these proposed directives do not have tribal implications as defined by Executive Order 13175, entitled “Consultation and Coordination With Indian Tribal Governments,” and therefore advance consultation with Tribes is not required. Energy Effects These proposed directives have been reviewed under Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.” The Agency has determined that these proposed directives do not constitute a significant energy action as defined in the Executive Order. Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), which the President signed into law on March 22, 1995, the agency has assessed the effects of these proposed directives on State, local, and Tribal governments and the private sector. These proposed directives would not compel the expenditure of $100 million or more by any State, local, or Tribal government or anyone in the private sector. Therefore, a statement under section 202 of the act is not required. Controlling Paperwork Burdens on the Public These proposed directives do not contain any record-keeping or reporting requirements or other information collection requirements as defined in 5 U.S.C. part 1320 that are not already required by law or not already approved for use. Any information collected from the public that would be required by these proposed directives has been approved by the Office of Management and Budget and assigned control number 0596-0082. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) and its implementing regulations at 5 CFR part 1320 do not apply. 5. Access to Proposed Directives The Forest Service organizes its directive system by alphanumeric codes and subject headings. The intended audience for this direction is Forest Service employees charged with issuing and administrating outfitting and guiding special use permits. To view the proposed directive text, visit the Forest Service's Web site at *http://www.fs.fed.us/recreation/permits/* . Only those sections of the Forest Service Manual and Handbook that are the subject of this notice have been posted, including: Forest Service Handbook 2709.11—Special Uses Handbook Chapter 40, Special Uses Administration, Sections 41.53a through 41.53o, Outfitting and Guiding, and Chapter 30, Fee Determination, Section 37.21b, Flat Fee for Temporary Use Permits; and Forest Service Manual Chapter 2710, Special Use Authorizations, Section 2713.1, Liability and Insurance. Dated: September 20, 2007. Abigail R. Kimbell, Chief, Forest Service. [FR Doc. E7-20659 Filed 10-18-07; 8:45 am] BILLING CODE 3410-11-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions ACTION: Proposed additions to and deletions from procurement list. SUMMARY: The Committee is proposing to add to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a product and services previously furnished by such agencies. *Comments Must be Received On or Before:* November 18, 2007. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. *For Further Information or to Submit Comments Contact:* Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov* . SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)

(2)and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product or service will be required to procure the services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Services Service Type/Location: Base Supply Center, Defense Supply Center Richmond, 8000 Jefferson Davis Highway, Richmond, VA. NPA: Virginia Industries for the Blind, Charlottesville, VA. Contracting Activity: Defense Logistics Agency, Defense Supply Center-Richmond, VA. Service Type/Location: Catering Services, San Antonio Detention Center, 8940 Fourwinds Drive, 1st Floor Detention Branch, San Antonio, TX. NPA: Goodwill Industries of San Antonio, San Antonio, TX. Contracting Activity: Immigration and Customs Enforcement, Washington, DC. Deletions Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for deletion from the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product and services are proposed for deletion from the Procurement List: Product Paper, Xerographic & Inkjet (Large Format) NSN: 7530-00-NIB-0483 NSN: 7530-00-NIB-0598 NSN: 7530-00-NIB-0599 NSN: 7530-00-NIB-0600 NSN: 7530-00-NIB-0601 NSN: 7530-00-NIB-0602 NSN: 7530-00-NIB-0603 NSN: 7530-00-NIB-0604 NSN: 7530-00-NIB-0605 NSN: 7530-00-NIB-0606 NSN: 7530-00-NIB-0607 NSN: 7530-00-NIB-0608 NSN: 7530-00-NIB-0609 NSN: 7530-00-NIB-0610 NSN: 7530-00-NIB-0611 NSN: 7530-00-NIB-0612 NSN: 7530-00-NIB-0613 NSN: 7530-00-NIB-0614 NSN: 7530-00-NIB-0615 NSN: 7530-00-NIB-0616 NSN: 7530-00-NIB-0617 NSN: 7530-00-NIB-0618 NSN: 7530-00-NIB-0619 NSN: 7530-00-NIB-0620 NSN: 7530-00-NIB-0621 NSN: 7530-00-NIB-0622 NSN: 7530-00-NIB-0623 NSN: 7530-00-NIB-0624 NSN: 7530-00-NIB-0625 NSN: 7530-00-NIB-0626 NSN: 7530-00-NIB-0627 NSN: 7530-00-NIB-0628 NSN: 7530-00-NIB-0629 NSN: 7530-00-NIB-0630 NSN: 7530-00-NIB-0631 NSN: 7530-00-NIB-0632 NSN: 7530-00-NIB-0633 NSN: 7530-00-NIB-0634 NSN: 7530-00-NIB-0635 NSN: 7530-00-NIB-0636 NSN: 7530-00-NIB-0637 NSN: 7530-00-NIB-0638 NSN: 7530-00-NIB-0639 NSN: 7530-00-NIB-0640 NSN: 7530-00-NIB-0641 NSN: 7530-00-NIB-0642 NPA: Wiscraft Inc.—Wisconsin Enterprises for the Blind, Milwaukee, WI Contracting Activity: General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY Services Service Type/Location: Food Service Attendant, Air National Guard Base, Building 600, Lincoln, NE. NPA: Goodwill Services, Inc., Lincoln, NE. Contracting Activity: Air National Guard, Lincoln, NE. Service Type/Location: Grounds Maintenance, U.S. Department of Agriculture, Forest Service Office, Beaverhead-Deerlodge National Forest, Butte, MT. NPA: BSW, Inc., Butte, MT. Contracting Activity: U.S. Department of Agriculture, Forest Service, Butte, MT. Service Type/Location: Janitorial/Custodial, U.S. Customs Service, 8855 NE Airport Way, Portland, OR. NPA: Portland Habilitation Center, Inc., Portland, OR. Contracting Activity: U.S. Customs Service, Indianapolis, IN. Service Type/Location: Janitorial/Custodial, Naval and Marine Corps Reserve Center, Eugene, OR. NPA: Unknown. Contracting Activity: Naval Facilities Engineering Command—Everett, Everett, WA. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E7-20637 Filed 10-18-07; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List: Additions and Deletions AGENCY: Committee for Purchase from People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from the Procurement List. SUMMARY: This action adds to the Procurement List a product and service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a product and service previously furnished by such agencies. DATES: *Effective Date:* November 18, 2007. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail: *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On August 17 and August 24, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 46207; 48610) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the product and service and impact of the additions on the current or most recent contractors, the Committee has determined that the product and service listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and service to the Government. 2. The action will result in authorizing small entities to furnish the product and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and service proposed for addition to the Procurement List. End of Certification Accordingly, the following product and service are added to the Procurement List: Product Long Format Binder for FCCL *NSN:* 7510-00-NSH-0118—Blue. *NSN:* 7510-00-NSH-0119—Red. *Coverage:* B-List for the broad Government requirements as specified by the General Services Administration. *NPA:* Pueblo Diversified Industries, Inc., Pueblo, CO. *Contracting Activity:* General Services Administration, Federal Supply Services, Region 2, New York, NY. Service *Service Type/Location:* Grounds Maintenance, U.S. Department of Agriculture—Agriculture Research Service, Southeastern Fruit & Tree Nut Research Laboratory (SEFTNRL), 21 Dunbar Road, Byron, GA. *NPA:* NAMI-Central Georgia, Inc., Warner Robins, GA. *Contracting Activity:* U.S. Department of Agriculture, Agriculture Research Service-SAA, Athens, GA. Deletions On August 24, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 48611) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the products and service listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and service deleted from the Procurement List. End of Certification Accordingly, the following products and service are deleted from the Procurement List: Products SKILCRAFT SAVVY BK-14 H/D Degreasing Detergent *NSN:* 7930-00-NIB-0144—SKILCRAFT SAVVY BK-14 H/D Degreasing Detergent—32 oz. *NSN:* 7930-00-NIB-0145—SKILCRAFT SAVVY BK-14 H/D Degreasing Detergent—1 Gallon. *NSN:* 7930-00-NIB-0146—SKILCRAFT SAVVY BK-14 H/D Degreasing Detergent—5 Gallon. *NSN:* 7930-00-NIB-0147—SKILCRAFT SAVVY BK-14 H/D Degreasing Detergent—55 Gallon. SKILCRAFT SAVVY BK-1260 G/P Disinfectant Detergent *NSN:* 7930-00-NIB-0176—SKILCRAFT SAVVY BK-1260 G/P Disinfectant Detergent—32 oz. *NSN:* 7930-00-NIB-0177—SKILCRAFT SAVVY BK-1260 G/P Disinfectant Detergent—1 gallon. *NSN:* 7930-00-NIB-0178—SKILCRAFT SAVVY BK-1260 G/P Disinfectant Detergent—5 gallon. *NSN:* 7930-00-NIB-0179—SKILCRAFT SAVVY BK-1260 G/P Disinfectant Detergent—55 gallon. *NPA:* Susquehanna Association for the Blind and Visually Impaired, Lancaster, PA. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Services Service Type/Location: Impressions Custom Printed Products Service, for General Services Administration, 26 Federal Plaza, New York, NY. *NPA:* The Lighthouse for the Blind, Inc. Seattle, WA. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E7-20638 Filed 10-18-07; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Economic Development Administration [Docket No.: 070607177-7586-02] Solicitation of Applications for the National Technical Assistance, Training, Research and Evaluation Program: Information Dissemination Project and Business Incubator Research Project AGENCY: Economic Development Administration (EDA), Department of Commerce. ACTION: Notice and request for applications. SUMMARY: The Economic Development Administration

(EDA)publishes this notice to solicit applications for funding under its National Technical Assistance, Training, Research and Evaluation Program (NTA Program). On June 21, 2007, EDA published in the **Federal Register** a notice regarding NTA Program funding, to solicit applications for funding that address one or both of the following two projects:

(1)Information dissemination to practitioners serving economically distressed areas; and

(2)a national symposium to bring together leaders to discuss current and future trends in economic development. On July 6, 2007, EDA published another notice in the **Federal Register** to solicit applications for funding that address one or more of four research projects, including one relating to business incubators. After completing its review of applications submitted in response to the June 21, 2007 and July 6, 2007 **Federal Register** notices, EDA decided not to make an award for either the information dissemination project or the business incubator research project. Through this notice, EDA solicits applications for funding that address only the information dissemination project or the business incubator research project. EDA encourages applicants to read the descriptions of both projects as EDA has provided additional information on important requirements that were not in the original Federal Funding Opportunity

(FFO)announcements and **Federal Register** notices. DATES: The closing date and time for receipt of electronic or paper applications for funding under this notice and request for applications is Friday, November 9, 2007 at 5 p.m. EST. To be considered timely, a completed application, regardless of the format in which it is submitted, must be either:

(1)Received by the EDA representative listed below under “Paper Submissions” no later than November 9, 2007 at 5 p.m. EST; or

(2)transmitted and time-stamped at *www.grants.gov* no later than November 9, 2007 at 5 p.m. EST. Any application received or transmitted, as the case may be, after 5 p.m. EST on November 9, 2007 will be considered non-responsive and will not be considered for funding. By December 7, 2007, EDA expects to notify the applicants selected for investment assistance under this notice. The selected applicant should expect to receive funding for its project within thirty days of EDA's notification of selection. Applicants choosing to submit completed applications electronically in whole or in part through *www.grants.gov* should follow the instructions set out below under “Electronic Access” and in section IV. of the complete FFO announcement for this request for applications. ADDRESSES: *Paper Submissions:* Full or partial paper (hardcopy) applications submitted pursuant to this notice and request for applications may be: 1. E-mailed to William P. Kittredge, Senior Program Analyst, at *wkittredge@eda.doc.gov* ; or 2. Hand-delivered or mailed to William P. Kittredge, Senior Program Analyst, Economic Development Administration, Room 7009, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. Applicants submitting full or partial paper submissions are encouraged to do so by e-mail. Applicants are advised that, due to mail security measures, EDA's receipt of mail sent via the United States Postal Service may be substantially delayed or suspended in delivery. *Electronic Submissions:* Applicants may submit applications electronically in whole or in part in accordance with the instructions provided at *www.grants.gov* and in section IV.B. of the FFO announcement. EDA strongly encourages that applicants not wait until the application closing date to begin the application process through *www.grants.gov* . The preferred file format for electronic attachments (e.g., the project narrative and additional exhibits to Form ED-900A and Form ED-900A's program-specific component) is portable document format (PDF); however, EDA will accept electronic files in Microsoft Word, WordPerfect, Lotus or Excel formats. FOR FURTHER INFORMATION CONTACT: For additional information regarding paper submissions, please contact William P. Kittredge, Senior Program Analyst, via e-mail at *wkittredge@eda.doc.gov* (preferred) or by telephone at

(202)482-5442. For additional information regarding electronic submissions, please access the following link for assistance in navigating *www.grants.gov* and for a list of useful resources: *http://www.grants.gov/applicants/applicant_help.jsp* . If you do not find an answer to your question under Frequently Asked Questions, try consulting the *Applicant's User Guide* . If you still cannot find an answer to your question, contact *www.grants.gov* via email at *support@grants.gov* or telephone at 1-800-518-4726. The hours of operation for *www.grants.gov* are Monday-Friday, 7 a.m. to 9 p.m.

(EST)(except for federal holidays). Additional information about EDA and its NTA Program may be obtained from EDA's Internet Web site at *http://www.eda.gov* . SUPPLEMENTARY INFORMATION: *Background Information:* On June 21, 2007 and July 6, 2007, EDA published two separate **Federal Register** notices soliciting applications for funding under its NTA Program. The June 21, 2007, **Federal Register** notice (72 FR 34225) solicited applications for funding that addressed one or both of the following two projects:

(1)Information dissemination to practitioners serving economically distressed areas; and

(2)a national symposium to bring together leaders to discuss current and future trends in economic development. The deadline for receipt of applications closed July 23, 2007 at 5 p.m. EST. After completing its review of applications submitted in response to the June 21, 2007 **Federal Register** notice, EDA decided not to make an award for the information dissemination project. Through this notice, EDA solicits applications for the information dissemination project in accordance with the project description and deliverables set out in section I.B. of the FFO announcement. This notice does not address and does not solicit applications for the national symposium project. The July 6, 2007, **Federal Register** notice (72 FR 36952) solicited applications for funding that addressed one or more of the following four research projects:

(1)Rural economic development policy;

(2)business incubators;

(3)21st century regionalism; and

(4)private sector community investment. The deadline for receipt of applications closed on August 3, 2007 at 5 p.m. EST. After completing its review of applications submitted in response to the July 6, 2007 **Federal Register** notice, EDA decided not to make an award for the business incubator research project. Through this notice, EDA solicits applications for the business incubator research project in accordance with the project description set out in section I.B. of the FFO announcement. Because EDA has made awards for research projects for

(1)Rural economic development policy,

(2)21st century regionalism, and

(3)private sector community investments, this notice does not address or solicit applications for those projects. Project Title: Information Dissemination to Practitioners Serving Economically Distressed Areas As part of its ongoing mission to assist economically distressed areas, EDA supports the dissemination of information to economic development practitioners serving distressed communities. EDA's intent is to implement a coordinated and complementary information dissemination program that, through strategic linkages, reaches the maximum number of economic development practitioners. The dissemination effort includes the development of distribution lists for each deliverable, which will be made available to EDA for its use. EDA is soliciting applications to fund three separate tasks that will serve the economic development needs of distressed rural and urban regions, take greater advantage of new technologies for information dissemination, and identify and widely disseminate information in new or emerging areas of economic development. As described in detail in the accompanying FFO announcement that can be accessed at *www.grants.gov* and at *www.eda.gov* , the information dissemination project will include a variety of media and has three component tasks:

(i)Producing and broadcasting strategy telecasts;

(ii)preparing and disseminating monthly electronic newsletters; and

(iii)preparing and disseminating a quarterly magazine/pamphlet. The applicant must address all three tasks in its application. Project Title: Business Incubators Recent studies on economic development, including several EDA-funded reports, stress the importance of a regional approach to successful economic development efforts and the importance of fostering innovation and supporting entrepreneurship as key elements in regional economic development. Pursuant to its NTA Program, EDA is soliciting applications to undertake research involving business incubators. Business incubators may provide wet lab or office space, and often also offer business support services, such as business planning and marketing assistance. Business incubators of whatever type share a common principle: To nurture the development of entrepreneurial companies. EDA solicits applications from qualified researchers to build on the existing body of knowledge about business incubators, distilling the characteristics of successful incubation efforts and discussing quantitative and qualitative approaches to measuring incubator success. The research must be peer-review quality, include coverage of recent developments, such as virtual incubators, and must be of sufficient scope that the results, including but not limited to identification of best practices, are generalizable across the United States. To be considered for funding, all applications for the projects solicited through this notice must comply with the new program requirements set out in the FFO announcement. Any applicant that submitted an application during the previous solicitation period should submit a new and complete application, if it wishes to be considered for funding. All materials must be received by EDA by November 9, 2007 at 5 p.m. EST. *Application Package:* An application package for either proposed project consists of the following three forms: 1. Form ED-900A, *Application for Investment Assistance* (OMB Control No. 0610-0094); 2. Form ED-900A's program-specific component, *National Technical Assistance, Training, and Research and Evaluation Program Requirements* (OMB Control No. 0610-0094); and 3. Form SF-424, *Application for Federal Assistance* (OMB Control No. 4040-0004). Please note that applicants must submit all three forms in accordance with the instructions provided in sections IV. and VII.B. of the FFO announcement. Applicants also must ensure that they access and complete the current version of all required forms. As stated in section I.A. of the FFO announcement, applicants that applied during the prior solicitation period and are interested in applying under this competitive solicitation should submit new and complete applications that fully adhere to the project descriptions and deliverables set out under section I.B. of the FFO announcement. *Submitting Application Packages:* Applications for either project may be submitted in three formats:

(1)Full paper (hardcopy) submission;

(2)partial paper (hardcopy) submission and partial electronic submission; or

(3)full electronic submission, each in accordance with the procedures provided in section IV.B. of the FFO announcement. The content of the application is the same for paper submissions as it is for electronic submissions. Applications completed in accordance with the instructions set forth in the FFO announcement, regardless of the option chosen for submission, will be considered for EDA funding under this request for applications. Incomplete applications and applications submitted by facsimile will not be considered. *Paper Access:* Each of the three forms listed above under “Application Package” are separate attachments available at *http://www.eda.gov/InvestmentsGrants/Application.xml* . You may print copies of each of these forms from *http://www.eda.gov/InvestmentsGrants/Application.xml* . You also may obtain paper application packages by contacting the EDA representative listed above under “For Further Information Contact.” *Electronic Access:* Applicants may apply electronically through *www.grants.gov,* and may access this grant opportunity synopsis by following the instructions provided on *http://www.grants.gov/search/basic.do* . The synopsis will have an application package, which is an electronic file that contains forms pertaining to this specific grant opportunity. On *http://www.grants.gov/search/basic.do* , applicants can perform a basic search for this grant opportunity by completing the “ *Keyword Search* ,” the “ *Search by Funding Opportunity Number* ,” or the “ *Search by CFDA Number* ” field, and then clicking the “ *Search* ” button. *Funding Availability:* EDA will use funds currently available to make awards under the NTA Program authorized under section 207 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3147), as amended (PWEDA), and 13 CFR part 306, subpart A. Based on recent past awards for projects similar to the information dissemination project solicited under this announcement, the range of total expenditures for such projects has been from $150,000 to $250,000. Based on recent past awards for research projects similar to the business incubator research project solicited under this announcement, the range of funding awarded for such a project has been from $150,000 to $350,000. The project period will be one year from the date the award is made, but the recipient may be required to remain available to present research findings at select meetings and conferences approximately six to twelve months beyond the project period. Although the schedule for such meetings and conferences will likely not be known until EDA has received the final business incubator research report, they will be scheduled in consultation with the recipient, and the recipient will have ample time to prepare. *Statutory Authority:* The authority for the NTA Program is PWEDA. EDA published final regulations (codified at 13 CFR chapter III) in the **Federal Register** on September 27, 2006 (71 FR 56658). The final regulations and PWEDA are accessible on EDA's Internet website at *http://www.eda.gov/InvestmentsGrants/Lawsreg.xml* . These regulations will govern an award made under this notice and request for applications. *Catalog of Federal Domestic Assistance

(CFDA)Numbers:* 11.303, Economic Development—Technical Assistance; 11.312, Economic Development—Research and Evaluation. *Eligibility Requirement:* Pursuant to PWEDA, eligible applicants for and eligible recipients of EDA investment assistance include a District Organization; an Indian Tribe or a consortium of Indian Tribes; a State; a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; an institution of higher education or a consortium of institutions of higher education; a public or private non-profit organization or association; and, as provided in section 207 of PWEDA (42 U.S.C. 3147) for the NTA Program, a for-profit organization. *See* section 3 of PWEDA (42 U.S.C. 3122) and 13 CFR 300.3. *Cost Sharing Requirement:* Generally, the amount of the EDA grant may not exceed fifty

(50)percent of the total cost of the project. However, a project may receive an additional amount that shall not exceed thirty

(30)percent, based on the relative needs of the region in which the project will be located, as determined by EDA. *See* section 204(a) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(1). Under this competitive solicitation, the Assistant Secretary of Commerce for Economic Development (Assistant Secretary) also has the discretion to establish a maximum EDA investment rate of up to one hundred

(100)percent where the project

(i)merits and is not otherwise feasible without an increase to the EDA investment rate; or

(ii)will be of no or only incidental benefit to the recipient. *See* section 204(c)(3) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(4). While cash contributions are preferred, in-kind contributions, consisting of assumptions of debt or contributions of space, equipment, and services, may provide the non-federal share of the total project cost. See section 204(b) of PWEDA (42 U.S.C. 3144). EDA will fairly evaluate all in-kind contributions, which must be eligible project costs and meet applicable federal cost principles and uniform administrative requirements. Funds from other federal financial assistance awards are considered matching share funds only if authorized by statute that allows such use, which may be determined by EDA's reasonable interpretation of the statute. *See* 13 CFR 300.3. The applicant must show that the matching share is committed to the project, available as needed and not conditioned or encumbered in any way that precludes its use consistent with the requirements of EDA investment assistance. *See* 13 CFR 301.5. *Intergovernmental Review:* Applications under the NTA Program are not subject to Executive Order 12372, “ *Intergovernmental Review of Federal Programs* .” *Evaluation and Selection Procedures:* To apply for an award under this request for applications, an eligible applicant must submit a completed application package to EDA before the closing date and time specified in the “Dates” section of this notice, and in the manner provided in section IV. of the FFO announcement. Any application received or transmitted, as the case may be, after 5 p.m. EST on November 9, 2007 will not be considered for funding. Applications that do not meet all items required or that exceed the page limitations set forth in section IV.C. of the FFO announcement will be considered non-responsive and will not be considered for funding. By December 7, 2007, EDA expects to notify the applicants selected for investment assistance under this notice. Unsuccessful applicants will be notified by postal mail that their applications were not selected for funding. Applications that meet all the requirements will be evaluated by a review panel comprised of at least three EDA staff members, all of whom will be full-time federal employees. *Evaluation Criteria:* The review panel will evaluate the applications received for each proposed project and rate and rank them using the following criteria of approximate equal weight: 1. Conformance with EDA's statutory and regulatory requirements, including the extent to which the proposed project satisfies the award requirements set out below and as provided in 13 CFR 306.2: a. Strengthens the capacity of local, State or national organizations and institutions to undertake and promote effective economic development programs targeted to regions of distress; b. Benefits distressed regions; and c. Demonstrates innovative approaches to stimulate economic development in distressed regions; 2. The degree to which an EDA investment will have strong organizational leadership, relevant project management experience and a significant commitment of human resources talent to ensure the project's successful execution ( *see* 13 CFR 301.8(b)); 3. The ability of the applicant to implement the proposed project successfully ( *see* 13 CFR 301.8); 4. The feasibility of the budget presented; and 5. The cost to the Federal government. *Selection Factors:* The Assistant Secretary will be the Selecting Official. EDA expects to fund the highest ranking application for each project, as recommended by the review panel, submitted under this competitive solicitation. However, for one or both projects, the Assistant Secretary may not make any selection, or he may select an application out of rank order for the following reasons:

(1)A determination that the application better meets the overall objectives of sections 2 and 207 of PWEDA (42 U.S.C. 3121 and 3147);

(2)the applicant's performance under previous awards; or

(3)the availability of funding. The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements The *Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements* , published in the **Federal Register** on December 30, 2004 (69 FR 78389), are applicable to this competitive solicitation. This notice may be accessed by entering the **Federal Register** volume and page number provided in the previous sentence at the following Internet website: *http://www.gpoaccess.gov/fr/retrieve.html* . Paperwork Reduction Act This request for applications contains collections of information subject to the requirements of the Paperwork Reduction Act (PRA). The Office of Management and Budget

(OMB)has approved the use of Form ED-900A ( *Application for Investment Assistance* ) under control number 0610-0094. Form ED-900A's program-specific component ( *National Technical Assistance, Training, and Research and Evaluation Program Requirements* ) also is approved under OMB control number 0610-0094, and incorporates Forms SF-424A ( *Budget Information—Non-Construction Programs* , OMB control number 0348-0044) and SF-424B ( *Assurances—Non-Construction Programs* , OMB control number 0348-0040). OMB has approved the use of Form SF-424 ( *Application for Financial Assistance* ) under control number 4040-0004. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless the collection of information displays a currently valid OMB control number. Executive Order 12866 This notice has been determined to be not significant for purposes of Executive Order 12866, “ *Regulatory Planning and Review* .” Executive Order 13132 It has been determined that this notice does not contain “policies that have Federalism implications,” as that phrase is defined in Executive Order 13132, “ *Federalism* .” Administrative Procedure Act/Regulatory Flexibility Act Prior notice and an opportunity for public comments are not required by the Administrative Procedure Act or any other law for rules concerning grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: October 15, 2007. Benjamin Erulkar, Deputy Assistant Secretary of Commerce for Economic Development and Chief Operating Officer. [FR Doc. E7-20627 Filed 10-18-07; 8:45 am] BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XD42 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings. DATES: The Council and its advisory entities will meet November 4-9, 2007. The Council meeting will begin on Monday, November 5, at 9 a.m., reconvening each day through Friday, November 9. All meetings are open to the public, except a closed session will be held from 9 a.m. until 10 a.m. on Monday, November 4 to address litigation and personnel matters. The Council will meet as late as necessary each day to complete its scheduled business. ADDRESSES: The meetings will be held at the Hyatt Regency Mission Bay, San Diego, CA 92109; telephone:

(619)224-1234. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220. FOR FURTHER INFORMATION CONTACT: Dr. Donald O. McIsaac, Executive Director; telephone:

(503)820-2280. SUPPLEMENTARY INFORMATION: The following items are on the Council agenda, but not necessarily in this order: A. Call to Order 1. Opening Remarks and Introductions 2. Roll Call 3. Executive Director's Report 4. Approve Agenda B. Open Public Comment C. Administrative Matters 1. Future Council Meeting Agenda Planning 2. West Coast Governors' Agreement on Ocean Health 3. Magnuson-Stevens Act Reauthorization Implementation 4. Fiscal Matters 5. Membership Appointments and Council Operating Procedures 6. Future Council Meeting Outlook, March Council Meeting Agenda, and Workload Priorities D. Groundfish Management 1. NMFS Report 2. Exempted Fishing Permits for 2008 3. Stock Assessments and Rebuilding Analyses for 2009-10 Groundfish Fisheries 4. Management Recommendations for 2009-10 Groundfish Fisheries - Part I: Preliminary Range of Acceptable Biological Catch and Optimum Yields 5. Amendment 21: Intersector Allocation 6. Consideration of Inseason Adjustments for 2007 and 2008 Fisheries, Including Pacific Whiting Season Dates 7. Amendment 20: Trawl Rationalization Alternatives (Trawl Individual Quotas and Cooperatives) 8. Final Consideration of Inseason Adjustments 9. Management Recommendations for 2009-10 Groundfish Fisheries - Part II E. Pacific Halibut Management Changes to Catch Sharing Plan and 2008 Annual Regulations F. Salmon Management 1. Preseason Salmon Management Schedule for 2008 2. Salmon Methodology Review G. Coastal Pelagic Species Management Pacific Sardine and Pacific Mackerel Management SCHEDULE OF ANCILLARY MEETINGS SUNDAY, NOVEMBER 4, 2007 Groundfish Management Team 8 a.m. Groundfish Advisory Subpanel 10 a.m. Budget Committee 4 p.m. MONDAY, NOVEMBER 5, 2007 Council Secretariat 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Scientific and Statistical Committee 8 a.m. Enforcement Consultants 4:30 p.m. Trawl Rationalization Information Briefing 7 p.m. TUESDAY, NOVEMBER 6, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Enforcement Consultants 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Highly Migratory Species Advisory Subpanel 8 a.m. Highly Migratory Species Management Team 8 a.m. Scientific and Statistical Committee 8 a.m. WEDNESDAY, NOVEMBER 7, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Enforcement Consultants 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Highly Migratory Species Advisory Subpanel 8 a.m. Highly Migratory Species Management Team 8 a.m. Coastal Pelagic Species Advisory Subpanel 1 p.m. Coastal Pelagic Species Management Team 1 p.m. Council Annual Banquet 6 p.m. THURSDAY, NOVEMBER 8, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Coastal Pelagic Species Advisory Subpanel 8 a.m. Coastal Pelagic Species Management Team 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Enforcement Consultants As Necessary FRIDAY, NOVEMBER 9, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Enforcement Consultants As Necessary Although non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at

(503)820-2280 at least 5 days prior to the meeting date. Dated: October 15, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-20589 Filed 10-18-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XD27 South Atlantic Fishery Management Council; Public Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of public hearings. SUMMARY: The South Atlantic Fishery Management Council (Council) will convene a series of public hearings regarding Amendments15A and 15B to the Snapper Grouper Fishery Management Plan. Amendment 15A will contain actions to establish management reference points, rebuilding schedules, and rebuilding strategies for snowy grouper, black sea bass, and red porgy. Amendment 15B will contain actions to prohibit the sale of recreationally-caught fish, reduce the effects on sea turtle and smalltooth sawfish if hooked, change the permit renewal period, change the permit transferability requirements, implement a plan to monitor and assess bycatch, establish allocations for snowy grouper and red porgy, and establish Maximum Sustainable Yield (MSY), Optimum Yield

(OY)and Maximum Stock Size Threshold

(MSST)for golden tilefish. DATES: The public hearings will be held in November 2007. Written comments for Amendment 15 A must be received in the Council office by 5 p.m. on December 3, 2007. Written comments for Amendment 15B must be received in the Council office by 5 p.m. on January 11, 2008. See SUPPLEMENTARY INFORMATION for the specific dates and times of the public scoping meetings. ADDRESSES: Written comments should be sent to Bob Mahood, Executive Director, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405, fax:

(843)769-4520 or via email. Email Amendment 15A comments to *SG15A@safmc.net* and Amendment 15B comments to *SG15B@safmc.net* . Copies of the Amendment 15A and Amendment 15B Public Hearing Documents are available from Richard DeVictor, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:

(843)571-4366 or toll free at

(866)SAFMC-10. FOR FURTHER INFORMATION CONTACT: Richard DeVictor, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:

(843)571-4366; fax:

(843)769-4520; email address: *Richard.devictor@safmc.net* . SUPPLEMENTARY INFORMATION: Public hearing dates and locations: All meetings are scheduled to begin at 6 p.m. •November 13, 2007 - Sombrero Cay Club, 19 Sombrero Boulevard, Marathon, FL 33050; telephone:

(305)743-2250. •November 14, 2007 - Sheraton Yankee Clipper Hotel, 1140 Seabreeze Boulevard (A1A), Fort Lauderdale, FL 33316; telephone:

(954)524-5551. •November 15, 2007 - Radisson Resort at the Port, 8701 Astronaut Boulevard, Cape Canaveral, FL 32920; telephone:

(321)784-0000. •November 16, 2007 - Comfort Inn Oceanfront, 1515 North 1st Street, Jacksonville Beach, FL 32250; telephone:

(904)241-2311. •November 27, 2007 - Mighty Eighth Air Force Museum, 175 Bourne Avenue, Pooler, GA 31322; telephone:

(912)748-8888. •November 28, 2007 - Hilton Garden Inn Charleston Airport, 5265 International Boulevard, North Charleston, SC 29418; telephone:

(843)308-9330. •November 28, 2007 - Avista Resort, 300 N. Ocean Boulevard, North Myrtle Beach, SC 29582; telephone:

(843)249-2521. •November 29, 2007 - Shell Island Resort, 2700 Lumina Avenue, Wrightsville Beach, NC 28480; telephone:

(910)256-0418. •November 30, 2007 - NC Aquarium on Roanoke Island, 374 Airport Road, Manteo, NC 27954; telephone:

(252)473-3494. •December 3, 2007 - Sheraton Atlantic Beach, 2717 W. Fort Macon Road, Atlantic Beach, NC 28512; telephone:

(252)240-1155. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) by November 8, 2007. Dated: October 15, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-20588 Filed 11-18-07; 8:45 am] BILLING CODE 3510-22-S COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings TIME AND DATE: 11 a.m., Friday, November 2, 2007. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance Matters. CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202-418-5084. David A. Stawick, Scretary of the Commission. [FR Doc. 07-5178 Filed 10-16-07; 4:41 pm]

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