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Code · REGISTER · 2008-01-29 · DEPARTMENT OF AGRICULTURE · Notices

Notices. Extension of approval of an information collection; comment request

25,295 words·~115 min read·/register/2008/01/29/08-403

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

BILLING CODE 6117-01-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request January 24, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *oira_submission@omb.eop.gov* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal Plant and Health Inspection Service *Title:* Importation of Fruits and Vegetables. *OMB Control Number:* 0579-0128. *Summary of Collection:* As authorized by the Plant Protection Act (7 U.S.C. 7701 *et seq.* ) (PPA), the Secretary of Agriculture may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, means of conveyance, or other article if the Secretary determines that the prohibition or restriction is necessary to prevent a plant pest or noxious weed from being introduced into or disseminated within the United States. The authority has been delegated to the Animal and Plant Health Inspection Service (APHIS), which administers regulations to implement the PPA. *Need and Use of the Information:* APHIS will use the collected information on the Phytosanitary Certificate, to determine the pest condition of the shipment at the time of inspection in the foreign country. Under Section 319.56-2(g) states, in part, that boxes of fruit imported into the United States must be clearly labeled with the name of the orchard or grove of origin, or the name of the grower, and the name of the municipality and State in which it was produced; and the type and amount of fruit it contains. The information is also used as a guide to the intensity of the inspection that is conducted when the shipment arrives. Without the information, the effectiveness of APHIS import regulations would be severely compromised. *Description of Respondents:* Business or other for profit; Federal Government. *Number of Respondents:* 191. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 883. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E8-1511 Filed 1-28-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request January 23, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *oira_submission@omb.eop.gov* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Agricultural Research Service *Title:* Food Stamp Nutrition Connection Resource Sharing Form. *OMB Control Number:* 0518-0031. *Summary of Collection:* The voluntary “Sharing Form” gives Food Stamp nutrition education providers the opportunity to share information about resources that they have developed or used. Data collected using this form helps the Food and Nutrition Information Center
(FNIC)identify existing nutrition education and training resources for review and inclusion into the Food Stamp Nutrition Connection's Resource Finder Database. State and local FSNE providers can use this database to identify and acquire existing, available nutrition education materials. *Need and Use of the Information:* FSNC staff members will use the collected information by the Resource Sharing Form to build and constantly enhance the online database of nutrition education and training materials known as the Resource Finder Database. FSNE providers access and use the database to identify and obtain curricula, lesson plan, research, training tools and participant materials. The information will be collected using online and printed versions of the form. Failure to collect this information would significantly inhibit FNIC's ability to provide up-to-date information on existing nutrition education materials that are appropriate for FSNE programs and providers. *Description of Respondents:* Not-for-profit institutions; Federal Government; State, Local or Tribal Government; Business or other for-profit. *Number of Respondents:* 50. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 16. Agricultural Research Service *Title:* Evaluation of User Satisfaction with NAL Internet Sites. *OMB Control Number:* 0518-0040. *Summary of Collection:* There is a need to measure user satisfaction with the National Agricultural Library
(NAL)Internet sites in order for NAL to comply with Executive Order 12862, which directs federal agencies that provide significant services directly to the public to survey customers to determine the kind and quality of services they want and their level of satisfaction with existing services. NAL Internet sites are a vast collection of Web pages created and maintained by component organizations of NAL, and are visited by 4.6 million people per month on average. The information generated from this research will enable NAL to evaluate the success of this new modality in response to fulfilling its legislative mandate to disseminate vital agricultural information and truly become the national digital library of agriculture. *Need and Use of the Information:* The purpose of the research is to ensure that intended audiences find the information provided on the Internet sites easy to access, clear, informative, and useful. The research will provide a means by which to classify visitors to the NAL Internet sites, to better understand how to serve them. If the information is not collected, NAL will be hindered from advancing its mandate to provide accurate, timely information to its users community. *Description of Respondents:* Individuals or households; Business or other for-profit; Not-for-profit institutions; Farms; Federal Government; State, Local or Tribal Government. *Number of Respondents:* 12,000. *Frequency of Responses:* Reporting: Monthly. *Total Burden Hours:* 1,003. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E8-1468 Filed 1-28-08; 8:45 am] BILLING CODE 3410-03-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request January 23, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *oira_submission@omb.eop.gov* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal Plant and Health Inspection Service *Title:* Swine Health Protection. *OMB Control Number:* 0579-0065. *Summary of Collection:* Title 7, U.S.C. 8301, The Animal Health Protection Act, authorizes the Secretary to prevent, control and eliminate domestic diseases, as well as, to take actions to prevent and manage exotic diseases such as hog cholera, foot-and-mouth disease, and other foreign diseases. Veterinary Services, a program with the Animal and Plant Health Inspection Service (APHIS), is responsible for administering regulations intended to prevent the dissemination of animal diseases within the United States. Garbage is one of the primary media through which numerous infections or communicable diseases of swine are transmitted. Because of the serious threat to the U.S. swine industry, Congress passed Public Law 96-468 “Swine Health Protection Act” on October 17, 1980. This law requires USDA to ensure that all garbage is treated prior to its being fed to swine that are intended for interstate or foreign commerce or that substantially affect such commerce. The Act and the regulations will allow only operators of garbage treatment facilities, which meet certain specification to utilize garbage for swine feeding. APHIS will use various forms to collect information. *Need and Use of the Information:* APHIS collects information from persons desiring to obtain a permit (license) to operate a facility to treat garbage. Prior to issuance of a license, an inspection will be made of the facility by an authorized representative to determine if it meets all requirements of the regulations. Periodic inspections will be made to determine if licenses are meeting the standards for operation of their approved facilities. Upon receipt of the information from the Public Health Officials, the information is used by Federal or State animal health personnel to determine whether the waste collector is feeding garbage to swine, whether it is being treated, and whether the feeder is licensed or needs to be licensed. *Description of Respondents:* Business or other for profit. *Number of Respondents:* 2,804. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 10,538. Animal and Plant Health Inspection Service *Title:* CWD in Cervids; Payment of Indemnity. *OMB Control Number:* 0579-0189. *Summary of Collection:* Title 7, U.S.C. 8301, Animal Health Protection Act, authorizes the Secretary of Agriculture to promulgate regulations and take measures to prevent the introduction into the United States and the interstate dissemination with the United States of communicable diseases of livestock and poultry, and to pay claims growing out of the destruction of animals. Disease prevention is the most effective method for maintaining a healthy animal population and enhancing the Animal and Plant Health Inspection Service (APHIS) ability to complete in exporting animals and animal products. Chronic wasting disease
(CWD)is a transmissible spongiform encephalopathy
(TSE)of elk, deer and moose typified by chronic weight loss leading to death. The presence of CWD disease in cervids causes significant economic and market losses to U.S. producers. APHIS will collect information using VS Form 1-23, Appraisal & Indemnity Claim form. *Need and Use of the Information:* APHIS will collect the owner's name and address, the number of animals for which the owner is seeking payment, and the appraised value of each animal. The owner must also certify as to whether the animals are subject to a mortgage. If there is a mortgage the form must be signed by the owner and each person holding a mortgage. Failure to collect this information would make it impossible for APHIS to effectively sustain their program to accelerate the eradication of CWD from the United States. *Description of Respondents:* Business Or Other For-Profit. *Number of Respondents:* 10. *Frequency of Responses:* Reporting: On Occasion. *Total Burden Hours:* 10. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E8-1470 Filed 1-28-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0159] Notice of Request for Extension of Approval of an Information Collection; Gypsy Moth Identification Worksheet AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Extension of approval of an information collection; comment request. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the gypsy moth program. DATES: We will consider all comments that we receive on or before March 31, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0159* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2007-0159, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0159. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: For information on the gypsy moth program, contact Dr. Weyman Fussell, Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;
(301)734-5705. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS* Information Collection Coordinator, at
(301)734-7477. SUPPLEMENTARY INFORMATION: *Title:* Gypsy Moth Identification Worksheet. *OMB Number:* 0579-0104. *Type of Request:* Extension of approval of an information collection. *Abstract:* Under the Plant Protection Act (7 U.S.C. 7701 *et seq.* ), the United States Department of Agriculture
(USDA)has authority for the control and eradication of plant pests. The Animal and Plant Health Inspection Service (APHIS), USDA, has delegated authority to carry out this mission. As part of the mission, Plant Protection and Quarantine (PPQ), APHIS, engages in detection surveys to monitor for the presence of, among other things, the European gypsy moth and the Asian gypsy moth. The European gypsy moth was introduced into the United States in the 1860's and has been damaging woodland areas in the Northeast for more than the last 100 years. The Asian gypsy moth, which is not established in this country, is considered to pose an even greater threat to trees and forested areas. Unlike the flightless European gypsy moth female adult, the Asian gypsy moth female adult is capable of strong directed flight between mating and egg deposition, significantly increasing its ability to spread over a much greater area and become widely established within a short time. To determine the presence and extent of a European gypsy moth or an Asian gypsy moth infestation, we set traps in high-risk areas to collect specimens. Once an infestation is identified, control and eradication work (usually involving State cooperation) is initiated to eliminate the moths. APHIS personnel, with assistance from State agriculture personnel, check traps for the presence of gypsy moths. If a suspicious moth is found in the trap, it is sent to APHIS laboratories at the Otis Methods Development Center in Massachusetts so that it can be correctly identified through DNA analysis. (Since the European gypsy moth and the Asian gypsy moth are strains of the same species, they cannot be visually distinguished from each other. DNA analysis is the only way to accurately identify these insects.) The PPQ or State employee submitting the moth for analysis completes a gypsy moth identification worksheet (PPQ Form 305), which accompanies the insect to the laboratory. The worksheet enables both Federal and State regulatory officials to identify and track specific specimens through the DNA identification tests that we conduct. The information provided by the gypsy moth identification worksheets is vital to our ability to monitor, detect, and eradicate gypsy moth infestations. We are asking the Office of Management and Budget
(OMB)to approve our use of this information collection activity for an additional 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:
(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of our estimate of the burden of the information collection, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses. *Estimate of burden:* The public reporting burden for this collection of information is estimated to average 0.1708 hours per response. *Respondents:* State cooperators. *Estimated annual number of respondents:* 120. *Estimated annual number of responses per respondent:* 2. *Estimated annual number of responses:* 240. *Estimated total annual burden on respondents:* 41 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 23rd day of January 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-1529 Filed 1-28-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Announcement of Value-Added Producer Grant Application Deadlines AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Notice of solicitation of applications. SUMMARY: The Rural Business-Cooperative Service
(RBS)announces the availability of approximately $18.4 million in competitive grant funds for fiscal year
(FY)2008 to help independent agricultural producers enter into value-added activities. Awards may be made for planning activities or for working capital expenses, but not for both. The maximum grant amount for a planning grant is $100,000 and the maximum grant amount for a working capital grant is $300,000. 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 March 31, 2008, to be eligible for FY 2008 grant funding. Late applications are not eligible for FY 2008 grant funding. Electronic copies must be received by March 31, 2008, to be eligible for FY 2008 grant funding. Late applications are not eligible for FY 2008 grant funding. ADDRESSES: An application guide and other materials may be obtained at *http://www.rurdev.usda.gov/rbs/coops/vadg.htm* or by contacting the applicant's USDA Rural Development State Office. The State Office can be reached by calling
(202)720-4323 and pressing “1.” Paper applications must be submitted to the Rural Development State Office for the State in which the Project will primarily take place. Addresses are as follows: Alabama USDA Rural Development, Sterling Centre, Suite 601, 4121 Carmichael Road, Montgomery, AL 36106-3683,
(334)279-3623. Alaska USDA Rural Development, 800 West Evergreen, Suite 201, Palmer, AK 99645-6539,
(907)761-7722. Arizona USDA Rural Development, 230 North First Avenue, Suite 206, Phoenix, AZ 85003-1706,
(602)280-8717. Arkansas USDA Rural Development, 700 West Capitol Avenue, Room 3416, Little Rock, AR 72201-3225,
(501)301-3280. California USDA Rural Development, 430 G Street, AGCY 4169, Davis, CA 95616,
(530)792-5829. Colorado USDA Rural Development, 655 Parfet Street, Room E-100, Lakewood, CO 80215,
(720)544-2903. Connecticut USDA Rural Development, 451 West Street, Suite 2, Amherst, MA 01002-2999,
(413)253-4319. Delaware USDA Rural Development, 1221 College Park Drive, Suite 200, Dover, DE 19904,
(302)857-3580. Florida USDA Rural Development, 4440 NW. 25th Place, Gainesville, FL 32606,
(352)338-3482. Georgia USDA Rural Development, 111 East Spring St., Monroe, GA 30655,
(770)267-1413, Ext. 113. Hawaii USDA Rural Development, Federal Building, Room 311, 154 Waianuenue Avenue, Hilo, HI 96720,
(808)933-8313. Idaho USDA Rural Development, 9173 West Barnes Drive, Suite A1, Boise, ID 83709,
(208)378-5623. Illinois USDA Rural Development, 2118 West Park Court, Suite A, Champaign, IL 61821,
(217)403-6202. Indiana USDA Rural Development, 5975 Lakeside Blvd., Indianapolis, IN 46278,
(317)290-3100. Iowa USDA Rural Development, 873 Federal Building, 210 Walnut Street, Des Moines, IA 50309,
(515)284-4714. Kansas USDA Rural Development, 1303 SW. First American Place, Suite 100, Topeka, KS 66604-4040,
(785)271-2744. Kentucky USDA Rural Development, 771 Corporate Drive, Suite 200, Lexington, KY 40503,
(859)224-7435. Louisiana USDA Rural Development, 3727 Government St., Alexandria, LA 71302,
(318)473-7960. Maine USDA Rural Development, 967 Illinois Avenue, Suite 4, P.O. Box 405, Bangor, ME 04402-0405,
(207)990-9168. Maryland USDA Rural Development, 1221 College Park Drive, Suite 200, Dover, DE 19904,
(302)857-3580. Massachusetts USDA Rural Development, 451 West Street, Suite 2, Amherst, MA 01002-2999,
(413)253-4319. Michigan USDA Rural Development, 3001 Coolidge Road, Suite 200, East Lansing, MI 48823,
(517)324-5157. Minnesota USDA Rural Development, 375 Jackson St., Suite 410, St. Paul, MN 55101,
(651)602-7814. Mississippi USDA Rural Development, Federal Building, Suite 831, 100 West Capitol Street, Jackson, MS 39269,
(601)965-5457. Missouri USDA Rural Development, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203,
(573)876-9320. Montana USDA Rural Development, 900 Technology Blvd., Suite B, P.O. Box 850, Bozeman, MT 59771,
(406)585-2540. Nebraska USDA Rural Development, 100 Centennial Mall North, Room 152, Federal Building, Lincoln, NE 68508,
(402)437-5554. Nevada USDA Rural Development, 1390 S. Curry St., Carson City, NV 89703,
(775)887-1222, Ext. 19. New Hampshire USDA Rural Development, City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602,
(802)828-6069. New Jersey USDA Rural Development, 8000 Midlantic Drive, Suite 500N, Mt. Laurel, NJ 08054,
(856)787-7753. New Mexico USDA Rural Development, 6200 Jefferson Street, NE., Room 255, Albuquerque, NM 87109,
(505)761-4952. New York USDA Rural Development, 441 S. Salina St., Suite 357, Syracuse, NY 13202,
(315)477-6400. North Carolina USDA Rural Development, 4405 Bland Road, Suite 260, Raleigh, NC 27609,
(919)873-2040. North Dakota USDA Rural Development, Federal Building, Room 208, 220 East Rosser Avenue, P.O. Box 1737, Bismarck, ND 58502-1737,
(701)530-2065. Ohio USDA Rural Development, Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2418,
(614)255-2425. Oklahoma USDA Rural Development, 100 USDA, Suite 108, Stillwater, OK 74074-2654,
(405)742-1036. Oregon USDA Rural Development, 1201 NE. Lloyd Blvd., Suite 801, Portland, OR 97232-1274,
(503)414-3366. Pennsylvania USDA Rural Development, One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,
(717)237-2182 . Puerto Rico USDA Rural Development, IBM Building, 654 Munoz Rivera Avenue, Suite 601, Hato Rey, PR 00918-6106,
(787)766-5091, Ext. 251. Rhode Island USDA Rural Development, 451 West Street, Suite 2, Amherst, MA 01002-2999,
(413)253-4319. South Carolina USDA Rural Development, Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201,
(803)765-5881. South Dakota USDA Rural Development, Federal Building, Room 210, 200 4th Street, SW., Huron, SD 57350,
(605)352-1142. Tennessee USDA Rural Development, 3322 West End Avenue, Suite 300, Nashville, TN 37203-1084,
(615)783-1341. Texas USDA Rural Development, 101 South Main Street, Suite 102, Temple, TX 76501,
(254)742-9780. Utah USDA Rural Development, Wallace F. Bennett Federal Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138,
(801)524-4328. Vermont USDA Rural Development, City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602,
(802)828-6069. Virgin Islands USDA Rural Development, 4440 NW. 25th Place, P.O. Box 147010, Gainesville, FL 32606,
(352)338-3482. Virginia USDA Rural Development, 1606 Santa Rosa Road, Suite 238, Richmond, VA 23229,
(804)287-1594. Washington USDA Rural Development, 1835 Black Lake Blvd. SW., Suite B, Olympia, WA 98512,
(360)704-7729. West Virginia USDA Rural Development, 75 High Street, Room 320, Morgantown, WV 26505-7500,
(304)252-8644, Ext. 146. Wisconsin USDA Rural Development, 4949 Kirschling Court, Stevens Point, WI 54481,
(715)345-7610. Wyoming USDA Rural Development, Dick Cheney Federal Building, 100 East B Street, Room 1005, P.O. Box 11005, Casper, WY 82602-5006,
(307)233-6700. Electronic applications must be submitted through the Grants.gov Web site at: *http://www.grants.gov* , following the instructions found on this Web site. FOR FURTHER INFORMATION CONTACT: Applicants should visit the program Web site at *http://www.rurdev.usda.gov/rbs/coops/vadg.htm* , which contains application guidance, including Frequently Asked Questions and an Application Guide. Or applicants may contact their USDA Rural Development State Office. The State Office can be reached by calling
(202)720-4323 and pressing “1,” or by selecting the Contact Information link at the above Web site. 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. Also, applicants may submit drafts of their applications to their State Offices for a preliminary review anytime prior to February 15, 2008. The preliminary review will only assess the eligibility of the application and its completeness. The results of the preliminary review are not binding on the Agency. SUPPLEMENTARY INFORMATION: Overview *Federal Agency:* USDA Rural Development. *Funding Opportunity Title:* Value-Added Producer Grants. *Announcement Type:* Initial announcement. *Catalog of Federal Domestic Assistance Number:* 10.352. *Dates:* Application Deadline: 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 March 31, 2008 to be eligible for FY 2008 grant funding. Late applications are not eligible for FY 2008 grant funding. Electronic copies must be received by March 31, 2008 to be eligible for FY 2008 grant funding. Late applications are not eligible for FY 2008 grant funding. I. Funding Opportunity Description This solicitation is issued pursuant to section 231 of the Agriculture Risk Protection Act of 2000 (Pub. L. 106-224) as amended by section 6401 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171 (see 7 U.S.C. 1621 note)) authorizing the establishment of the Value-Added Agricultural Product Market Development grants, also known as Value-Added Producer Grants. 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 help Independent Producers of Agricultural Commodities, Agriculture Producer Groups, Farmer and Rancher Cooperatives, and Majority-Controlled Producer-Based Business Ventures develop strategies to create marketing opportunities and to help develop Business Plans for viable marketing opportunities regarding production of bio-based products from agricultural commodities. Cooperative Programs will competitively award funds for Planning Grants and Working Capital Grants. In order to provide program benefits to as many eligible applicants as possible, applicants must apply only for a Planning Grant or for a Working Capital Grant, but not both. Applicants other than Independent Producers must limit their Projects to Emerging Markets. Grants will only be awarded if Projects are determined to be economically viable and sustainable. No more than 10 percent of program funds can go to applicants that are Majority-Controlled Producer-Based Business Ventures. It should also be noted that businesses of all sizes may apply and that there is no restriction on the minimum grant size that will be awarded. In FY 2007, 35 percent of awards were $50,000 or less. Definitions The definitions at 7 CFR 4284.3 and 4284.904 are incorporated by reference. In addition, the Agency uses the following terms in this NOSA: Agricultural Commodity, Bio-energy Project, Biomass, Business Plan, Conflict of Interest, Farm or Ranch, Feasibility Study, Project, Renewable Energy, and Venture. It is the Agency's position that those terms are defined as follows. *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. *Bio-energy Project* —A Renewable Energy system that produces fuel, thermal energy, or electric power from a Biomass source. *Biomass* —Any organic material that is available on a renewable or recurring basis, including agricultural crops; trees grown for energy production; wood waste and wood residues; plants, including aquatic plants and grasses; fibers; animal waste and other waste materials; and fats, oils, and greases, including recycled fats, oils, and greases. It does not include paper that is commonly recycled or un-segregated solid waste. *Business Plan* —A plan for Venture implementation that includes key management personnel, business location, the financial package, product flow, and possible customers. It also includes at least three years of pro forma financial statements. The plan is usually developed by the business with assistance from third parties. *Conflict of Interest* —A situation in which a person or entity has competing professional or personal interests that make it difficult for the person or business to act impartially. An example of a Conflict of Interest is a grant recipient or an employee of a recipient that conducts or significantly participates in conducting a Feasibility Study for the recipient. *Farm or Ranch* —Any place from which $1,000 or more of agricultural products (crops and livestock) were raised and sold or normally would have been raised and sold during the previous year. *Feasibility Study* —An independent, third party analysis that shows how the Venture would operate under a set of assumptions—the technology used (the facilities, equipment, production process, etc.), the qualifications of the management team, and the financial aspects (capital needs, volume, cost of goods, wages, etc.). The analysis should answer the following questions about the Venture.
(1)Where is it now?
(2)Where does the group want to go?
(3)Why does the group want to go forward with the Venture?
(4)How will the group accomplish the Venture?
(5)What resources are needed?
(6)Who will provide assistance?
(7)When will the Venture be completed?
(8)How much will the Venture cost?
(9)What are the risks? *Project* —Includes all proposed activities to be funded by the VAPG and Matching Funds. *Renewable Energy* —Energy derived from a wind, solar, biomass, or geothermal source; or hydrogen derived from biomass or water using wind, solar, biomass, or geothermal energy sources. *Venture* —Includes the Project and any other activities related to the production, processing, and marketing of the Value-Added product that is the subject of the VAPG grant request. II. Award Information *Type of Award:* Grant. *Fiscal Year Funds:* FY 2008. *Approximate Total Funding:* $18.4 million. *Approximate Number of Awards:* 130. *Approximate Average Award:* $140,000. *Floor of Award Range:* None. *Ceiling of Award Range:* $100,000 for Planning Grants and $300,000 for Working Capital Grants. *Anticipated Award Date:* September 1, 2008. *Budget Period Length:* 12 months. *Project Period Length:* 12 months. III. Eligibility Information A. Eligible Applicants Applicants must be an Independent Producer, Agriculture Producer Group, Farmer or Rancher Cooperative, or Majority-Controlled Producer-Based Business Venture as defined in 7 CFR part 4284, subpart A. If the applicant is an unincorporated group (steering committee), it must form a legal entity before grant funds can be obligated. Please note that a steering committee may only apply as an Independent Producer. Therefore, the steering committee must be composed of 100 percent Independent Producers and the business to be formed must meet the definition of Independent Producer. Entities that contract out the production of an Agricultural Commodity are not considered Independent Producers. In addition, note that Farmer or Rancher Cooperatives that are 100 percent owned by farmers and ranchers are not considered under the Independent Producer category; these applicants must apply as Farmer or Rancher Cooperatives. It is the Agency's position that if a cooperative is 100 percent owned and controlled by agricultural harvesters (e.g., fishermen, loggers), it is eligible only as an Independent Producer and not as a Farmer- or Rancher-Cooperative. If a cooperative is not 100 percent owned and controlled by farmers and ranchers or 100 percent owned and controlled by agricultural harvesters, it may still be eligible to apply as a Majority-Controlled Producer-Based Business Venture, provided it meets the definition in 7 CFR part 4284, subpart A. B. Cost Sharing or Matching Matching Funds are required. Applicants must verify in their applications that Matching Funds are available for the time period of the grant. Matching Funds must be at least equal to the amount of grant funds requested. Unless provided by other authorizing legislation, other Federal grant funds cannot be used as Matching Funds. Matching Funds must be spent at a rate equal to or greater than the rate at which grant funds are expended. Matching Funds must be provided by either the applicant or by a third party in the form of cash or in-kind contributions. Matching Funds must be spent on eligible expenses and must be from eligible sources. C. Other Eligibility Requirements *Product Eligibility:* The project proposed must involve a Value-Added product as defined in 7 CFR part 4284, subpart A. The definition of Value-Added includes four categories that increase the value that is realized by the producer from an Agricultural Commodity or product as the result of: 1. A change in its physical state; 2. Differentiated production or marketing, as demonstrated in a Business Plan; 3. Product segregation; or 4. The economic benefit realized from the production of Farm- or Ranch-based Renewable Energy. *Purpose Eligibility:* The application must specify whether grant funds are requested for planning activities or for working capital. Applicants may not request funds for both types of activities in one application. Applications requesting more than the maximum grant amount will be considered ineligible. Please note that working capital expenses are not considered eligible for Planning Grants and planning expenses are not considered eligible for Working Capital Grants. It is the Agency's position that applicants other than Independent Producers applying for a Working Capital Grant must demonstrate that the venture has not been in operation more than two years at the time of application in order to show that they are entering an Emerging Market. *Grant Period Eligibility:* Applications that have a timeframe of more than 365 days will be considered ineligible. Applications that request funds for a time period beginning prior to October 1, 2008 and/or ending after November 30, 2009, will be considered ineligible. *Multiple Grant Eligibility:* An applicant can only submit one application per funding cycle. Applicants who have already received a Planning Grant for the proposed Project cannot receive another Planning Grant for the same Project. Applicants who have already received a Working Capital Grant for a Project cannot receive any additional grants for that Project. *Current Grant Eligibility:* If an applicant currently has a VAPG, that grant period must be scheduled to expire by November 30, 2008. *Judgment Eligibility:* In accordance with 7 CFR part 4284.6. 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/vadg.htm* . Alternatively, applicants may contact their USDA Rural Development State Office. The State Office can be reached by calling
(202)720-4323 and pressing “1.” 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/vadg.htm* . It is strongly 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 a paper submission or it can be filled out electronically and submitted as an attachment through Grants.gov. If an application is submitted on paper, one signed original of the complete application must be submitted. If the application is submitted electronically, the applicant must follow the instructions given at *http://www.grants.gov* . Applicants are strongly advised to visit the site well in advance of the application deadline if they plan to apply electronically to insure that they have obtained the proper authentication and have sufficient computer resources to complete the application. Applicants must complete and submit the following elements. Please note that the requirements in the following locations within 7 CFR part 4284 have been combined with other requirements to simplify the application and reduce duplication: Sec. 4284.910(b)(5)(i), Sec. 4284.910(b)(5)(ii), and Sec. 4284.910(b)(5)(iv). The Agency will conduct an initial screening of all application 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 from disclosure 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 an Employer Identification Number (or a Social Security Number if the applicant is an individual or steering committee) and a DUNS number (unless the applicant is an individual). The DUNS number is a nine-digit identification number, which uniquely identifies business entities. To obtain a DUNS number, access *http://www.dnb.com/us* , or call
(866)705-5711. Additional information on the VAPG program can be obtained at *http://www.rurdev.usda.gov/rbs/coops/vadg.htm* or by contacting the applicant's Rural Development State Office. The State Office can be reached by calling
(202)720-4323 and pressing “1.” 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. *Title Page (limited to one page* ). The title page must include the title of the project and may include other relevant identifying information. 5. *Table of Contents* . For ease of locating information, each application must contain a detailed Table of Contents
(TOC)immediately following the title page. 6. *Executive Summary (limited to one page* ). The Executive Summary should briefly describe the Project, including goals, tasks to be completed and other relevant information that provides a general overview of the Project. In this element, the applicant must clearly state whether the application is for a Planning Grant or a Working Capital Grant and the grant amount requested. 7. *Eligibility Discussion (limited to four pages* ). The applicant must describe in detail how the eligibility requirements are met. i. *Applicant Eligibility* . The applicant must first describe how it meets the definition of an Independent Producer, Agriculture Producer Group, Farmer or Rancher Cooperative, or a Majority-Controlled Producer-Based Business Venture as defined in 7 CFR 4284.3. The applicant must apply in only one of the following categories. It is the Agency's position that an applicant must provide information that it meets all of the requirements in the selected category in order to be eligible in that category. a. *Independent Producer* . The application must provide the following information: *1* . A discussion of how 100 percent of the owners of the applicant organization meet the definition of an Independent Producer; *2* . A discussion that demonstrates these owners currently own and produce more than 50 percent of the raw commodity that will be used for the Value-Added product; and *3* . A discussion that demonstrates the product will be owned by the Independent Producers from its raw commodity state through the production of the Value-Added product during the Project. b. *Agriculture Producer Group* . The application must provide the following information: *1* . The mission of the applicant, including how the organization works on behalf of Independent Producers; *2* . A statement demonstrating that the majority of the applicant's membership and board of directors meet the definition of Independent Producer; *3* . An identification (either by name or by class) of the Independent Producers on whose behalf the work will be done; *4* . A discussion demonstrating that these Independent Producers currently own and produce more than 50 percent of the raw commodity that will be used for the Value-Added product; and *5* . A discussion demonstrating that the Value-Added product will be owned by the Independent Producers from its raw commodity state through the production of the Value-Added product during the Project. Note that applicants tentatively selected for a grant award must verify that the work will be done on behalf of the Independent Producers identified in the application. c. *Farmer or Rancher Cooperative* . The application must provide the following information: *1* . The applicant must reference the business' good standing as a cooperative in its state of incorporation; *2* . The applicant must also explain how the cooperative is 100 percent owned and controlled by farmers and ranchers; *3* . If the applicant is applying on behalf of only a portion of its membership, that portion must be identified, and the applicant must explain how all members in this portion of its membership meet the definition of an Independent Producer; *4* . A discussion demonstrating that these Independent Producers currently own and produce more than 50 percent of the raw commodity that will be used for the Value-Added product; and *5* . A discussion demonstrating that the Value-Added product will be owned by the Independent Producers from its raw commodity state through the production of the Value-Added product during the Project. d. *Majority-Controlled Producer-Based Business Venture* . The application must provide the following information: *1* . A statement demonstrating that the majority of the number of owners of the applicant organization meets the definition of an Independent Producer; *2* . A statement demonstrating that the majority of the financial interest in the applicant organization is owned by Independent Producers; *3* . A statement demonstrating that the majority of voting members on the governing board meets the definition of Independent Producer; *4* . A discussion demonstrating that these Independent Producers currently own and produce more than 50 percent of the raw commodity that will be used for the Value-Added product; and *5* . A discussion demonstrating that the Value-Added product will be owned by the Independent Producers from its raw commodity state through the production of the Value-Added product during the Project. ii. *Product Eligibility.* The applicant must next describe how the Value-Added product to be produced meets at least one of the categories in the definition of Value-Added as defined in 7 CFR part 4284, subpart A. Regardless of category, the applicant must describe the raw commodity that will be used, the process used to add value, and the Value-Added product that will be marketed. a. *Change in physical state* . The application must explain how the change in physical state or form of the product enhances its value. A change in physical state is only achieved if the product cannot be returned to its original state. Examples of this type of product include: Fish fillets, diced tomatoes, ethanol, bio-diesel, and wool rugs. Common production or harvesting methods are not considered Value-Added. The following examples are not eligible under this category: Dehydrated corn, raw fiber, and cut flowers. b. *Differentiated production or marketing* (as demonstrated in a Business Plan). The application must explain how the production or marketing of the commodity enhances its value. The enhancement of value must be quantified by using a comparison with products produced or marketed in the standard manner, using information from the Feasibility Study and Business Plan developed for the Venture. Examples of this type of product include: Organic carrots, identity-preserved apples, and branded milk. The following example is not eligible under this category: Marketing a non-standard variety of produce. Also, a Business Plan that has been developed for the applicant for the Venture must be referenced by indicating who developed the Business Plan and when it was completed. c. *Physical segregation* . The application must explain how the physical segregation of a commodity enhances its value. The enhancement of value should be quantified to the extent possible by using a comparison with products marketed without segregation. Applicants must demonstrate that a physical barrier ( *i.e.* distance or a structure) separates the commodity from other varieties of the same commodity during production, that the commodity will continue to be separated during processing, and that the Value-Added product produced will be separated from similar products during marketing. An example of this type of product is non-genetically-modified corn that is produced on the same Farm as genetically-modified corn where an increase in incremental value is realized for either one or both of the types of corn that is attributed to physical segregation. The following examples are not eligible under this category: Livestock sorted by grade, produce sorted by size or grade. d. *Farm- or ranch-based renewable energy* . The application must explain how the Renewable Energy will be generated on a Farm or a Ranch owned or leased by the owners of the Venture. Please note that the owners/leasers of the Farm or Ranch must currently produce an Agricultural Commodity on the Farm or Ranch and the Farm or Ranch must meet the definition of a Farm or a Ranch as defined in the “Definitions” section of this notice. Examples of this type of product are wind energy, solar energy, and anaerobic digesters. The following examples are not eligible under this category: Any type of fuel, such as ethanol, bio-diesel, and switchgrass pellets, that is not generated on a Farm or Ranch owned or leased by the owners of the Venture. iii. *Purpose Eligibility* . The applicant must describe how the Project purpose is eligible for funding. The project purpose is comprised of two components. First, the applicant must describe how the proposed Project consists of eligible planning activities or eligible working capital activities. Second, the applicant must demonstrate that the activities are directly related to the processing and/or marketing of a Value-Added product. Applicants applying for a Working Capital Grants, must reference a third-party, independent Feasibility Study and a Business Plan completed specifically for the proposed Venture. The reference must include the name of the party who conducted the Feasibility Study and developed the Business Plan as well as the dates the Feasibility Study and Business Plan were completed. Applicants applying for Working Capital Grants, and which are an Agriculture Producer Group, a Farmer or Rancher Cooperative, or a Majority-Controlled Producer-Based Business Venture, must also demonstrate that the proposed Venture has been in operation for less than two years at the time of application, in order to show that the applicant is entering an Emerging Market. 8. *Proposal Narrative (limited to 35 pages* ). i. *Goals of the Project* . The application must include a clear statement of the ultimate goals of the Project. There must be an explanation of how a market will be expanded and the degree to which incremental revenue will accrue to the benefit of the Agricultural Producer(s). ii. *Performance Evaluation Criteria* . Applicants applying for Planning Grants must suggest at least one criterion by which their performance under a grant could be evaluated. Applicants applying for Working Capital Grants must identify the projected increase in customer base, revenue accruing to Independent Producers, and number of jobs attributed to the Project. Working capital projects with significant energy components must also identify the projected increase in capacity ( *e.g.* gallons of ethanol produced annually, megawatt hours produced annually) attributed to the Project. Please note that these criteria are different from the Proposal Evaluation Criteria and are a separate requirement. iii. *Proposal Evaluation Criteria* . Each of the proposal evaluation criteria referenced in this funding announcement must be addressed, specifically and individually, in narrative form. Applications that do not address the appropriate criteria (Planning Grant applications must address Planning Grant evaluation criteria and Working Capital Grant applications must address Working Capital Grant evaluation criteria) will be considered ineligible. 9. *Certification of Matching Funds* . Applicants must certify that Matching Funds will be available at the same time grant funds are anticipated to be spent and that Matching Funds will be spent in advance of grant funding, such that for every dollar of grant funds advanced, not less than an equal amount of Matching Funds will have been expended prior to submitting the request for reimbursement. Please note that this certification is a separate requirement from the verification of Matching Funds requirement. Applicants must include a statement for this section that reads as follows: “[INSERT NAME OF APPLICANT] certifies that matching funds will be available at the same time grant funds are anticipated to be spent and that matching funds will be spent in advance of grant funding, such that for every dollar of grant funds advanced, not less than an equal amount of matching funds will have been expended prior to submitting the request for reimbursement.” A separate signature is not required. 10. *Verification of Matching Funds* . Applicants must provide documentation of all proposed Matching Funds, both cash and in-kind. The documentation below must be included in the Appendix. i. *Matching Funds provided by the applicant in cash* . A copy of a bank statement with an ending date within one month of the application submission and showing an ending balance equal to or greater than the amount of cash Matching Funds proposed is required. ii. *Matching Funds provided through a loan or line of credit* . The applicant must include a signed letter from the lending institution verifying the amount available, the purposes for which funds may be used, and the time period of availability of the funds. Specific dates (month/day/year) corresponding to the proposed grant period or to dates within the grant period when matching funds will be made available, must be included. iii. *Matching Funds provided by the applicant through an in-kind contribution* . The application must include a signed letter from the applicant verifying the goods or services to be donated, the value of the goods or services, and when the goods and services will be donated. Specific dates (month/day/year) corresponding to the proposed grant period or to dates within the grant period when matching contributions will be made available, must be included. Please note that if the applicant organization is purchasing goods or services for the grant ( *e.g.* salaries, inventory), the contribution is considered a cash contribution and must be verified as described in paragraph i. above. Also, if an owner or employee of the applicant organization is donating goods or services, the contribution is considered a third-party in-kind contribution and must be verified as described in paragraph v. below. iv. *Matching Funds provided by a third party in cash* . The application must include a signed letter from that third party verifying how much cash will be donated and when it will be donated. Specific dates (month/day/year) corresponding to the proposed grant period or to dates within the grant period when matching funds will be made available, must be included. v. *Matching Funds provided by a third party in-kind donation* . The application must include a signed letter from the third party verifying the goods or services to be donated, the value of the goods or services, and when the goods and services will be donated. Specific dates (month/day/year) corresponding to the proposed grant period or to dates within the grant period when matching contributions will be made available, must be included. Verification for cash or in-kind contributions donated outside the proposed time period of the grant will not be accepted. Verification for in-kind contributions that are over-valued will not be accepted. The valuation process for the in-kind funds does not need to be included in the application, especially if it is lengthy, but the applicant must be able to demonstrate how the valuation was achieved at the time of notification of tentative selection for the grant award. If the applicant cannot satisfactorily demonstrate how the valuation was determined, the grant award may be withdrawn or the amount of the grant may be reduced. If Matching Funds are in cash, they must be spent on goods and services that are eligible expenditures for this grant program. If Matching Funds are in-kind contributions, the donated goods or services must be considered eligible expenditures for this grant program. Matching Funds must be spent or donated during the grant period and the funds must be expended at a rate equal to or greater than the rate grant funds are expended. Some examples of acceptable uses for matching funds are: Skilled labor performing work required for the proposed Project, office supplies, and purchasing inventory. Some examples of unacceptable uses of matching funds are: Real property, fixed equipment, buildings, and vehicles. Expected program income may not be used to fulfill the Matching Funds requirement at the time of application. If program income is earned during the time period of the grant, it is subject to the requirements of 7 CFR part 3015, subpart F and 7 CFR 3019.24 and any provisions in the Grant Agreement. C. Submission Dates and Times *Application Deadline Date:* March 31, 2008. *Explanation of Deadlines:* Paper applications must be postmarked by the deadline date (see Section IV.F. for the address). Final electronic applications must be received by Grants.gov by the deadline date. If an application does not meet the deadline above, it will not be considered for funding. Applicants will be notified that their applications did not meet the submission deadline. 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 an applicant's state has an SPOC, the applicant may submit the application directly for review. Any comments obtained through the SPOC must be provided to Rural Development for consideration as part of the application. If the applicant's state has not established an SPOC, or the applicant does not want to submit the application, Rural Development will submit the application to the SPOC or other appropriate agency or agencies. Applicants are also encouraged to contact their Rural Development State Office for assistance and questions on this process. The Rural Development State Office can be reached by calling
(202)720-4323 and selecting option “1” or by viewing the following Web site: *http://www.rurdev.usda.gov/* . E. Funding Restrictions Funding restrictions apply to both grant funds and matching funds. Funds may only be used for planning activities or working capital for Projects focusing on processing and marketing a value-added product. 1. Examples of acceptable planning activities include: i. Obtaining legal advice and assistance related to the proposed Venture; ii. Conducting a Feasibility Study of a proposed Value-Added Venture to help determine the potential marketing success of the Venture; iii. Developing a Business Plan that provides comprehensive details on the management, planning, and other operational aspects of a proposed Venture; and iv. Developing a marketing plan for the proposed Value-Added product, including the identification of a market window, the identification of potential buyers, a description of the distribution system, and possible promotional campaigns. 2. Examples of acceptable working capital uses include: i. Designing or purchasing an accounting system for the proposed Venture; ii. Paying for salaries, utilities, and rental of office space; iii. Purchasing inventory, office equipment (e.g., computers, printers, copiers, scanners), and office supplies (e.g., paper, pens, file folders); and iv. Conducting a marketing campaign for the proposed Value-Added product. 3. No funds made available under this solicitation shall be used to: i. Plan, repair, rehabilitate, acquire, or construct a building or facility, including a processing facility; ii. Purchase, rent, or install fixed equipment, including processing equipment; iii. Purchase vehicles, including boats; iv. Pay for the preparation of the grant application; v. Pay expenses not directly related to the funded Venture; vi. Fund political or lobbying activities; vii. Fund any activities prohibited by 7 CFR parts 3015 and 3019; viii. Fund architectural or engineering design work for a specific physical facility; ix. Fund any expenses related to 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. The Agency considers these expenses to be ineligible because the intent of the program is to assist producers with marketing value-added products rather than producing Agricultural Commodities; x. Fund research and development; xi. Purchase land; xii. Duplicate current services or replace or substitute support previously provided; xiii. Pay costs of the Project incurred prior to the date of grant approval; xiv. 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; or xv. Pay any judgment or debt owed to the United States; or xvi. Conduct activities on behalf of anyone other than a specific Independent Producer or group of Independent Producers. The Agency considers conducting industry-level Feasibility Studies and Business Plans that are also known as feasibility study templates or guides or business plan templates or guides to be ineligible because the assistance is not provided to a specific group of Independent Producers. xvii. Pay for any goods or services provided by a person or entity who has a Conflict of Interest. Also, note that in-kind Matching Funds may not be provided by a person or entity that has a Conflict of Interest. F. Other Submission Requirements Paper applications must be submitted to the Rural Development State Office for the State in which the Project will primarily take place. Addresses can be found online at: *http://www.rurdev.usda.gov/recd_map.html* or in the ADDRESSES section at the beginning of this Notice. Applications can also be submitted electronically at *http://www.grants.gov.* Applications submitted by electronic mail or facsimile will not be accepted. Each application submission must contain all required documents in one envelope, if by mail or courier delivery service. V. Application Review Information A. Criteria All eligible and complete applications will be evaluated based on the following criteria. Applications for Planning Grants have different criteria to address than applications for Working Capital Grants. 1. *Criteria for Planning Grant applications:* i. *Nature of the proposed venture* (0-8 points). Projects will be evaluated for technological feasibility, operational efficiency, profitability, sustainability and the likely improvement to the local rural economy. Evaluators may rely on their own knowledge and examples of similar ventures described in the proposal to form conclusions regarding this criterion. Points will be awarded based on the greatest expansion of markets and increased returns to producers. ii. *Qualifications of those doing work* (0-8 points). Proposals will be reviewed for whether the personnel who are responsible for doing proposed tasks, including those hired to do the studies, have the necessary qualifications. If a consultant or others are to be hired, more points may be awarded if the proposal includes evidence of their availability and commitment as well. If staff or consultants have not been selected at the time of application, the application should include specific descriptions of the qualifications required for the positions to be filled. Qualifications of the personnel and consultants should be discussed directly within the response to this criterion. If resumes are included, those pages will count toward the page limit for the narrative. iii. *Commitments and support* (0-8 points). Producer commitments will be evaluated on the basis of the number of Independent Producers currently involved as well as how many may potentially be involved, and the nature, level and quality of their contributions. End-user commitments will be evaluated on the basis of potential markets and the potential amount of output to be purchased. Proposals will be reviewed for evidence that the project enjoys third party support and endorsement, with emphasis placed on financial and in-kind support as well as technical assistance. Support should be discussed directly within the response to this criterion. If support letters are included, those pages will count toward the page limit for the narrative. Points will be awarded based on the greatest level of documented and referenced commitment. iv. *Project leadership* (0-8 points). The leadership abilities of individuals who are proposing the Venture will be evaluated as to whether they are sufficient to support a conclusion of likely project success. Credit may be given for leadership evidenced in community or volunteer efforts. Leadership abilities should be discussed directly within the response to this criterion. If resumes are attached at the end of the application, those pages will count toward the page limit for the narrative. v. *Work plan/budget* (0-8 points). Applicants must submit a work plan and budget. The work plan will be reviewed to determine whether it provides specific and detailed descriptions of tasks that will accomplish the project's goals. The budget must present a detailed breakdown of all estimated costs associated with the planning activities and allocate these costs among the listed tasks. Points may not be awarded unless sufficient detail is provided to determine if funds are being used for qualified purposes. Matching funds as well as grant funds must be accounted for in the budget to receive points. vi. *Amount requested* (0 or 2 points). Two points will be awarded for grant requests of $50,000 or less. To determine the number of points to award, the Agency will use the amount indicated in the work plan and budget. vii. *Project cost per owner-producer* (0-3 points). The applicant must state the number of Independent Producers that are owners of the Venture. Points will be calculated by dividing the amount of Federal funds requested by the total number of Independent Producers that are owners of the Venture. The allocation of points for this criterion shall be as follows: • 0 points will be awarded to applications without enough information to determine the number of owner-producers. • 1 point will be awarded to applications with a project cost per owner-producer of $70,001-$100,000. • 2 points will be awarded to applications with a project cost per owner-producer of $35,001-$70,000. • 3 points will be awarded to applications with a project cost per owner-producer of $1-$35,000. An owner cannot be considered an Independent Producer unless he/she is a producer of the Agricultural Commodity to which value will be added as part of this Project. For Agriculture Producer Groups, the number used must be the number of Independent Producers represented who produce the commodity to which value will be added. In cases where family members (including husband and wife) are owners and producers in a Venture, each family member shall count as one owner-producer. Applicants must be prepared to prove that the numbers and individuals identified meet the requirements specified upon notification of a grant award. Failure to do so shall result in withdrawal of the grant award. viii. *Business management capabilities* (0-10 points). Applicants must discuss their financial management system, procurement procedures, personnel policies, property management system, and travel procedures. Up to two points can be awarded for each component of this criterion, based on the appropriateness of the system, procedures or policies to the size and structure of the business applying. Larger, more complex businesses will be expected to have more complex systems, procedures, and policies than smaller, less complex businesses. ix. *Sustainability and economic impact* (0-15 points). Projects will be evaluated based on the expected sustainability of the Venture and the expected economic impact on the local economy. x. *Business size* (5 points if the application meets the criterion or 0 points if the application does not meet the criterion). Applicants must state the amount of gross sales earned for their most recent complete fiscal year or start-up operations must state that they have not completed a fiscal year. Points will be awarded as follows: • 0 points will be awarded to applicants that have $10 million or more in gross sales OR to applicants that do not provide enough information to determine gross sales. • 5 points will be awarded to applicants that have less than $10 million in gross sales. If an applicant is tentatively selected for funding, the applicant will need to verify the gross sales amount at the time of award. Failure to verify the amount stated in the application will be grounds for withdrawing the award. xi. *Administrator points* (up to 5 points, but not to exceed 10 percent of the total points awarded for the other 10 criteria). The Administrator of USDA Rural Development Business and Cooperative Programs may award additional points to recognize innovative technologies, insure geographic distribution of grants, or encourage Value-Added Projects in under-served areas. Applicants may submit an explanation of how the technology proposed is innovative and/or specific information verifying that the project is in an under-served area. 2. *Criteria for Working Capital applications:* i. *Business viability* (0-8 points). Proposals will be evaluated on the basis of the technical and economic feasibility and sustainability of the Venture and the efficiency of operations. ii. *Customer base/increased returns* (0-8 points). Describe in detail how the customer base for the product being produced will expand because of the Value-Added Venture. Provide documented estimates of this expansion. Describe in detail how a greater portion of the revenue derived from the venture will be returned to the producers that are owners of the Venture. Applicants should also reference the pro forma financial statements developed for the Venture. Applications that demonstrate strong growth in a market or customer base and greater Value-Added revenue accruing to producer-owners will receive more points than those that demonstrate less growth in markets and realized Value-Added returns. iii. *Commitments and support* (0-8 points). Producer commitments will be evaluated on the basis of the number of Independent Producers currently involved as well as how many may potentially be involved, and the nature, level and quality of their contributions. End-user commitments will be evaluated on the basis of identified markets, letters of intent or contracts from potential buyers and the amount of output to be purchased. Applications will be reviewed for evidence that the Project enjoys third-party support and endorsement, with emphasis placed on financial and in-kind support as well as technical assistance. Support should be discussed directly within the response to this criterion. If support letters are included, those pages will count toward the page limit for the narrative. Points will be awarded based on the greatest level of documented and referenced commitment. iv. *Management team/work force* (0-8 points). The education and capabilities of project managers and those who will operate the Venture must reflect the skills and experience necessary to affect Project success. The availability and quality of the labor force needed to operate the Venture will also be evaluated. Applicants must provide the information necessary to make these determinations. Applications that reflect successful track records managing similar projects will receive higher points for this criterion than those that do not reflect successful track records. v. *Work plan/budget* (0-8 points). The work plan will be reviewed to determine whether it provides specific and detailed descriptions of tasks that will accomplish the project's goals and the budget will be reviewed for a detailed breakdown of estimated costs associated with the proposed activities and allocation of these costs among the listed tasks. Points may not be awarded unless sufficient detail is provided to determine if funds are being used for qualified purposes. Matching Funds as well as grant funds must be accounted for in the budget to receive points. vi. *Amount requested* (0 or 2 points). Two points will be awarded for grant requests of $150,000 or less. To determine the number of points to award, the Agency will use the amount indicated in the work plan and budget. vii. *Project cost per owner-producer* (0-3 points). The applicant must state the number of Independent Producers that are owners of the Venture. Points will be calculated by dividing the amount of Federal funds requested by the total number of Independent Producers that are owners of the Venture. The allocation of points for this criterion shall be as follows: • 0 points will be awarded to applications without enough information to determine the number of owner-producers. • 1 point will be awarded to applications with a project cost per owner-producer of $200,001-$300,000. • 2 points will be awarded to applications with a project cost per owner-producer of $100,001-$200,000. • 3 points will be awarded to applications with a project cost per owner-producer of $1-$100,000. An owner cannot be considered an Independent Producer unless he/she is a producer of the Agricultural Commodity to which value will be added as part of this Project. For Agriculture Producer Groups, the number used must be the number of Independent Producers represented who produce the commodity to which value will be added. In cases where family members (including husband and wife) are owners and producers in a Venture, each family member shall count as one owner-producer. Applicants must be prepared to prove that the numbers and individuals identified meet the requirements specified upon notification of a grant award. Failure to do so shall result in withdrawal of the grant award. viii. *Business management capabilities* (0-10 points). Applicants should discuss their financial management system, procurement procedures, personnel policies, property management system, and travel procedures. Up to two points can be awarded for each component of this criterion, based on the appropriateness of the system, procedures or policies to the size and structure of business applying. Larger, more complex businesses will be expected to have more complex systems, procedures, and policies than smaller, less complex businesses. ix. *Sustainability and economic impact* (0-15 points). Projects will be evaluated based on the expected sustainability of the Venture and the expected economic impact on the local economy. x. *Business size* (5 points if the application meets the criterion or 0 points if the application does meet the criterion). Applicants must state the amount of gross sales earned for their most recent complete fiscal year or start-up operations must state that they have not completed a fiscal year. Points will be awarded as follows: • 0 points will be awarded to applicants that have $10 million or more in gross sales or to applicants that do not provide enough information to determine gross sales. • 5 points will be awarded to applicants that have less than $10 million in gross sales. If an applicant is tentatively selected for funding, the applicant will need to verify the gross sales amount at the time of award. Failure to verify the amount stated in the application will be grounds for withdrawing the award. xi. *Administrator points* (up to 5 points, but not to exceed 10 percent of the total points awarded for the other 10 criteria). The Administrator of USDA Rural Development Business and Cooperative Programs may award additional points to recognize innovative technologies, insure geographic distribution of grants, or encourage Value-Added projects in under-served areas. Applicants may submit an explanation of how the technology proposed is innovative and/or specific information verifying that the project is in an under-served area. B. Review and Selection Process The Agency will conduct an initial screening of 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. As part of this review, the Rural Development State Office may require Working Capital applicants to submit their Feasibility Studies and Business Plans after the application deadline, but prior to the selection of grantees to facilitate the eligibility review process. All eligible and complete proposals will be evaluated by three reviewers based on criteria i through v described in Section V(A)
(1)or (2). One of these reviewers will be a Rural Development employee not from the servicing State Office and the other two reviewers will be non-Federal persons. All reviewers must either:
(1)Possess at least five years of working experience in an agriculture-related field, or
(2)have obtained at least a bachelors degree in one or more of the following fields: Agri-business, business, economics, finance, or marketing and have a minimum of three years of experience in an agriculture-related field (e.g. farming, marketing, consulting, university professor, research, officer for trade association, government employee for an agricultural program). Once the scores for criteria i through v have been completed by the three reviewers, they will be averaged to obtain the independent reviewer score. The application will also receive one score from the Rural Development servicing State Office based on criteria vi through x. This score will be added to the independent reviewer score. Finally, the Administrator of USDA Rural Development Business and Cooperative Programs will award any Administrator points based on Proposal Evaluation Criterion xi. These points will be added to the cumulative score for criteria i through x. A final ranking will be obtained based solely on the scores received for criteria i through xi. After the award selections are made, all applicants will be notified of the status of their applications by mail. Grantees must meet all statutory and regulatory program requirements in order to receive their award. In the event that a grantee cannot meet the requirements, the award will be withdrawn. Applicants for Working Capital Grants must submit complete, independent third-party Feasibility Studies and Business Plans before the grant award can be finalized. All Projects will be evaluated by the servicing State Office prior to finalizing the award to ensure that funded Projects are likely to be feasible in the proposed project area. Regardless of scoring, a Project determined to be unlikely to be feasible by the servicing State Office with concurrence by the National Office will not be funded. C. Anticipated Announcement and Award Dates Award Date: The announcement of award selections is expected to occur on or about September 1, 2008. 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 dispute resolution alternatives, by mail. B. Administrative and National Policy Requirements 7 CFR parts 3015, 3019, and 4284 are applicable and may be accessed at *http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1* . The following additional requirements apply to grantees selected for this program: 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.” Additional information on these requirements can be found at *http://www.rurdev.usda.gov/rbs/coops/vadg.htm.* Reporting Requirements: Grantees must provide Rural Development with a paper or electronic copy that includes all required signatures of the following reports. The reports must 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. 1. Form SF-269 or SF-269A. A “Financial Status Report,” listing expenditures according to agreed upon budget categories, on a semi-annual basis. Reporting periods end each March 31 and September 30, regardless of when the grant period begins. Reports are due 30 days after the reporting period ends. 2. Semi-annual performance reports that compare accomplishments to the objectives stated in the Grant Agreement. 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 should 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 and an accounting of how working capital funds were spent. 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 should be discussed. Supporting documentation for completed tasks must also be submitted. The supporting documentation for completed tasks include, but are not limited to, Feasibility Studies, marketing plans, Business Plans, articles of incorporation and bylaws and an accounting of how working capital funds were spent. Planning Grant Projects must also report the estimated increase in revenue, increase in customer base, number of jobs created, and any other relevant economic indicators generated by continuing the project into its operational phase. Working Capital Grants must report the increase in revenue, increase in customer base, number of jobs created, any other relevant economic indicators generated by the project during the grant period in addition to the total funds used for the Venture during the grant period. These total funds must include other federal, state, local, and other funds used for the venture. Projects with significant energy components must also report expected or actual capacity (e.g. gallons of ethanol produced annually, megawatt hours produced annually) and any emissions reductions incurred during the project. The final performance report is due within 90 days of the completion of the project. VII. Agency Contacts For general questions about this announcement and for program technical assistance, applicants should contact their USDA Rural Development State Office at *http://www.rurdev.usda.gov/rbs/coops/vadg.htm.* The State Office can also be reached by calling
(202)720-4323 and pressing “1.” If an applicant is unable to contact their State Office, a nearby State Office may be contacted or the RBS National Office can be reached at Mail STOP 3250, Room 4016-South, 1400 Independence Avenue, SW., Washington, DC 20250-3250, Telephone:
(202)720-7558, e-mail: *cpgrants@wdc.usda.gov.* 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, marital 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
(866)632-9992 (voice) or
(202)401-0216 (TDD). USDA is an equal opportunity provider and employer. Dated: January 18, 2008. Ben Anderson, Administrator, Rural Business-Cooperative Service. [FR Doc. E8-1532 Filed 1-28-08; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF AGRICULTURE Rural Housing Service Request for Proposals (RFP): Farm Labor Housing Technical Assistance Grants AGENCY: Rural Housing Service, USDA. ACTION: Notice. SUMMARY: This RFP announces an availability of funds and the timeframe to submit proposals for Farm Labor Housing Technical Assistance (FLH-TA) grants. USDA Rural Development administers the programs of the Rural Housing Service. Section 516(i) of the Housing Act of 1949 as amended, authorizes the Rural Development to provide financial assistance (grants) to eligible private and public nonprofit agencies, which includes faith-based organizations, and to encourage the development of domestic and migrant farm labor housing projects. This RFP solicits proposals from qualified private and public nonprofit agencies on how they will provide technical assistance to groups who qualify for FLH loans and grants. Work performed under these grants is expected to result in an increased submission of applications for farm labor housing loans and grants under the section 514 and 516 programs. DATES: The deadline for receipt of all applications in response to this RFP is 5 p.m., Eastern Time, March 14, 2008. The application closing deadline is firm as to date and hour. USDA Rural Development will not consider any application that is received after the closing deadline. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the closing deadline. Acceptance by the Postal Service or private mailer does not constitute delivery. Facsimile (FAX), COD, and postage due applications, will not be accepted. ADDRESSES: Applications should be submitted to the USDA Rural Development; Attention: William K. Coles, Multi-Family Housing Processing Division, 1400 Independence Avenue SW., STOP 0781, Washington, DC 20250-0781. USDA Rural Development will date and time stamp incoming applications to evidence timely receipt and, upon request, will provide the applicant with a written acknowledgement of receipt. FOR FURTHER INFORMATION CONTACT: Sue M. Harris-Green, Deputy Director, Multi-Family Housing Processing Division—Direct Loans, USDA Rural Development, 1400 Independence Ave. SW., STOP 0781, Washington, DC 20250-0781, Telephone:
(202)720-1604. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: The technical assistance grants authorized under section 516 are for the purpose of encouraging the development of domestic and migrant farm labor housing projects under sections 514 and 516 of the Act. USDA Rural Development regulations for section 514 and 516 farm labor housing program are published at 7 CFR part 3560. Proposals must demonstrate the ability to provide the intended technical assistance. USDA Rural Development intends to award one grant for each of three geographic regions listed below. When establishing the three regions and amounts of funding available for each, consideration was given to such factors as farmworker migration patterns and the similarity of agricultural products and labor needs within certain areas of the United States. A single applicant may submit grant proposals for more than one region; however, separate proposals must be submitted for each region. *Eastern Region:* AL, CT, DE, FL, GA, IN, KY, MA, MD, ME, NH, NJ, NY, NC, OH, PA, PR, RI, SC, TN, VI, VT, VA, and WV. *Central Region:* AR, IL, IA, KS, LA, MI, MN, MS, MO, NE, ND, OK, SD, TX, and WI. *Western Region:* AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY, and the Pacific Territories. Funding USDA Rural Development has the authority under section 516(i) of the Housing Act of 1949, as amended to utilize up to ten
(10)percent of its section 516 appropriation for FLH-TA grants. The amount USDA Rural Development has made available for FLH-TA grants is $1,386,000 for Fiscal Year
(FY)2008. Of that amount, up to $519,750 will be available for each of the Eastern and Western Grant Regions and up to $346,500 of the remaining funds will be available for the Central Grant Region. Applications for FY 2008 will only be accepted through the date and time listed in this Notice. If no proposal is received from an eligible applicant for one of the grant regions, USDA Rural Development may, at its discretion,
(1)use that grant region's funds in one or two of the other regions or
(2)choose not to use that grant region's funds for FLH-TA. Work performed under these grants must be completed within three years of entering into the grant agreement provided as Appendix A to this Notice. The disbursement of grant funds during the grant period will be contingent upon the grantee meeting the minimum performance requirements as described in the Scope of Work section of this notice, including, but not limited to, the submission of loan application packages. Eligibility Eligibility for grants under this RFP is limited to private and public nonprofit agencies (including faith-based organizations). Grantees must have the knowledge, ability, technical expertise, and practical experience necessary to develop and package loan and grant applications for FLH under the section 514 and 516 programs (see the Application Requirements section of this RFP). In addition, grantees must possess the ability to exercise leadership, organize work, and prioritize assignments to meet work demands in a timely and cost-efficient manner. The grantee may arrange for other nonprofit agencies to provide services on its behalf. There is no contribution requirement for the grantee; however, USDA Rural Development will expect the grantee to provide the overall management necessary to ensure the objectives of the grant are met. Scope of Work *Minimum Performance Requirements:*
(1)Grantees shall conduct outreach to broad-based nonprofit organizations, nonprofit organizations of farm workers, Federally recognized Indian tribes, agencies or political subdivisions of State or local government, public agencies (such as housing authorities) and other eligible organizations to further the section 514 and 516 FLH programs. Grantees will make at least twelve informational presentations to the general public annually to inform them about the section 514 and 516 FLH programs.
(2)In addition grantees shall conduct at least twelve one-on-one meetings annually with groups who are interested in applying for FLH loans or grants and assist such groups with the loan and grant application process.
(3)Grantees shall assist loan and grant applicants in securing funding sources other than USDA Rural Development for the purpose of leveraging those funds with USDA Rural Development funds.
(4)Grantees shall provide technical assistance during the development and construction phase of FLH proposals selected for funding.
(5)When submitting a grant proposal, applicants need not identify the geographic location of the places they intend to target for their outreach activities; however, applicants must commit to targeting at least five areas within the grant proposal's region. All targeted areas must be distinct market areas and not overlap. At least four of the targeted areas must be in different States. If the proposal is selected for funding, the applicant will be required to consult with each USDA Rural Development State Director in the proposal's region for the purpose of developing their list of targeted areas. When determining which areas to target, consideration will be given to
(a)the total number of farm workers in the area,
(b)the number of farm workers in that area who lack adequate housing,
(c)the percentage of the total number of farm workers in the area that are without adequate housing, and
(d)the areas which have not recently had a section 514 or 516 loan or grant funded for new construction. In addition, if selected for funding, the applicant will be required to revise their Statement of Work to identify the geographic location of the targeted areas and will submit their revised Statement of Work to the USDA Rural Development National Office for approval. When submitted for approval, the applicant must also submit a summary of their consultation with the USDA Rural Development State Directors. At grant closing, the revised Statement of Work will be attached to, and become a part of, the grant agreement.
(6)During the grant period, each grantee must submit a minimum number of loan application packages to the Agency for funding consideration. The minimum number shall be the greater of
(a)at least nine loan application packages for the Eastern and Western Regions and at least seven for the Central Region or
(b)a total number of loan application packages that is equal to 70 percent of the number of areas the grantee's proposal committed to targeting. Fractional percentages shall be rounded up to the next whole number. For example, if the grantee's proposal committed to targeting 13 areas, then the grantee must submit at least ten loan application packages during the grant period (13 areas x 70 percent = 9.1 rounded up to 10). The disbursement of grant funds during the grant period will be contingent upon the grantee making progress in meeting this minimum performance requirement. More than one application package for the same market area will not be considered unless the grantee submits documentation of the need for more than one FLH facility.
(7)Grantees shall provide training to applicants of FLH loans and grants to assist them in their ability to manage FLH. Application Requirements The application process will be in two phases; the initial application (or proposal) and the submission of a formal application. Only those proposals that are selected for funding will be invited to submit formal applications. All proposals must include the following: 1. A summary page listing the following items. This information should be double-spaced between items and not be in narrative form. a. Applicant's name, b. Applicant's Taxpayer Identification Number, c. Applicant's address, d. Applicant's telephone number, e. Name of applicant's contact person, telephone number, and address, f. Amount of grant requested, g. The FLH-TA grant region for which the proposal is submitted (i.e., Eastern, Central, or Western Region), and h. Applicant's Dun and Bradstreet Data Universal Numbering System
(DUNS)number. As required by the Office of Management and Budget (OMB), all grant applicants must provide a DUNS number when applying for Federal grants on or after October 1, 2003. Organizations can receive a DUNS number at no cost by calling the toll-free request line at 1-866-705-5711. Additional information concerning this requirement is provided in a policy directive issued by OMB and published in the **Federal Register** on June 27, 2003 (68 FR 38402-38405). 2. A narrative describing the applicant's ability to meet the eligibility requirements stated in this Notice. If the applicant intends to have other agencies working on their behalf, the narrative must identify those agencies and address their ability to meet the stated eligibility requirements. 3. A detailed Statement of Work covering a three year period that contains measurable monthly and annual accomplishments. The applicant's Statement of Work is a critical component of the selection process. The Statement of Work must include an outreach component describing the grantee's activities to inform potentially eligible groups about the section 514 and 516 FLH program. The outreach component must include a schedule of their planned outreach activities and must be included in a manner so that performance can be measured. In addition, the outreach activities must be coordinated with the appropriate USDA Rural Development State office and meet the minimum performance requirements as stated in the Scope of Work section of this Notice. The Statement of Work must state how many areas the applicant will target for their outreach activities. ( **Note:** If selected for funding, the applicant will be required to revise their Statement of Work, after consultation with USDA Rural Development State Directors, to identify the areas that will be targeted.) The Statement of Work must also include a component for training organizations on the application process and the long-term management of FLH; describe the applicant's plans to access other funding for the development and construction of FLH and their experience in obtaining such funding, and describe any duties or activities that will be performed by other agencies on behalf of the grantee. 4. An organizational plan that includes a staffing chart complete with name, job title, salary, hours, timelines, and descriptions of employee duties to achieve the objectives of the grant program. 5. Organizational documents and financial statements to evidence the applicant's status as a properly organized private or public nonprofit agency and the financial ability to carry out the objectives of the grant program. If other agencies will be working on behalf of the grantee, working agreements between the grantee and those agencies must be submitted as part of the proposal and any associated cost must be included in the applicant's budget. Organizational and financial statements must also be submitted as part of the application for any agencies that will be working on behalf of the grantee to document the eligibility of those organizations. 6. A detailed budget plan projecting the monthly and annual expenses the grantee will incur. Costs will be limited to those that are allowed under 7 CFR parts 3015, 3016 and 3019. 7. To assure that funds are equitably distributed and that there is no duplication of efforts on related projects, all applicants will submit a list of projects they are currently involved with, whether publicly or privately supported, that are, or may be, related to the objectives of this grant. In addition, the same disclosure must be provided for any agency that will be working on behalf of the grantee. 8. The applicant must include a narrative describing its knowledge, demonstrated ability, and practical experience in providing training and technical assistance to applicants for loans or grants for the development of multi-family or farm worker housing. The applicant must identify the type of assistance that was applied for (loan or grant, tax credits, leveraged funding, etc.), the number of times they have provided such assistance, and the success ratio of their applications. In addition, information must be provided concerning the number of housing units, their size, their design, and the amount of grant and loan funds that were secured. If the applicant has previously received, or is currently receiving, a FLH-TA grant, the applicant must provide documentation that they met the minimum performance requirements of that grant. 9. A narrative describing the applicant's knowledge and demonstrated ability in estimating development and construction costs of multi-family or farm labor housing and for obtaining the necessary permits and clearances. 10. A narrative describing the applicant's ability and experience in overcoming community opposition to farm labor housing and describing the methods and techniques that they will use to overcome any such opposition, should it occur. 11. A separate one-page information sheet listing each of the “Application Scoring Criteria” contained in this RFP, followed by the page numbers of all relevant material and documentation that is contained in the proposal that supports these criteria. Application Scoring Criteria The initial application (or proposal) evaluation process designed for this RFP will consist of two phases. The first phase will evaluate the applicant's Statement of Work and the degree to which it sets forth measurable objectives that are consistent with the objectives of FLH-TA grant program. The second phase will evaluate the applicant's knowledge and ability to provide the management necessary for carrying out a FLH-TA grant program. Proposals will only compete against other proposals within the same region. Selection points will be awarded as follows: Phase I—Statement of Work The Statement of Work will be evaluated to determine the degree to which it outlines efficient and measurable monthly and annual outcomes as follows: a. The minimum performance requirements of this Notice require that the grantee commit to targeting at least five areas (at least four of which are in different States). The more areas the applicant commits to targeting, the more scoring points they will be awarded; however, the more areas that they commit to targeting, the more loan application packages they will be expected to submit as discussed above under Scope of Work. The minimum performance requirements of this grant are based, in part, on the number of areas the applicant has committed to targeting. The number of areas within the region that the applicant has committed to targeting for outreach activities:
(1)5-7 targeted areas: 0 points.
(2)8 targeted areas: 5 points.
(3)9-10 targeted areas: 10 points.
(4)11-12 targeted areas: 15 points.
(5)13 or more areas: 20 points. b. USDA Rural Development wants the grantee to cover as much of the grant region as possible. USDA Rural Development does not want the grantee's efforts to be concentrated in a limited number of States. For this reason, additional points will be awarded to grant proposals that target areas in more than four States (the minimum requirement is four) within their region. The grant proposal commits to targeting areas in the following number of States:
(1)4 States: 0 points.
(2)5 States: 5 points.
(3)6 States: 10 points.
(4)7 States: 15 points.
(5)More than 7 States: 20 points. Phase II—Project Management a. The number of complete Section 515 multi-family or Section 514 or 516 FLH loan or grant applications the applicant entity has assisted in developing and packaging:
(1)0-5 applications: 0 points.
(2)6-10 applications: 10 points.
(3)11-15 applications: 20 points.
(4)16 or more applications: 30 points. b. The number of groups seeking loans or grants for the development of Section 515 multi-family or Section 514 or 516 FLH projects that the applicant entity has provided training and technical assistance:
(1)0-5 groups: 0 points.
(2)6-10 groups: 5 points.
(3)11-15 groups: 10 points.
(4)16 or more groups: 15 points. c. The number of Section 515 multi-family or Section 514 or 516 FLH projects for which the applicant entity has assisted in estimating development and construction costs and obtaining the necessary permits and clearances:
(1)0-5 projects: 0 points.
(2)6-10 projects: 5 points.
(3)11-15 projects: 10 points.
(4)16 or more projects: 15 points. d. The number of times the applicant entity has encountered community opposition and was able to overcome that opposition so that farm labor housing development was completed:
(1)0-2 times: 0 points.
(2)2-5 times: 5 points.
(3)6-10 times: 10 points.
(4)11 or more times: 15 points. e. The number of times the applicant entity has been able to leverage funding from two or more sources for the development of a Section 515 multi-family or Section 514 or 516 FLH project:
(1)0-5 times: 0 points.
(2)6-10 times: 5 points.
(3)11-15 times: 10 points.
(4)16 or more times: 15 points. f. The number of FLH projects that the applicant entity has assisted with on-going management (i.e., making units available to rent out to potential tenants, maintenance, etc.):
(1)0-5 FLH projects: 0 points.
(2)6-10 FLH projects: 5 points.
(3)11-15 FLH projects: 10 points.
(4)16 or more FLH projects: 15 points. *Tie Breakers* —In the event two or more proposals within a region are scored with an equal amount of points, selections will be made in the following order: 1. If there are two or more proposals that have equivalent scores, the lowest cost proposal will be selected. 2. If two or more proposals have equivalent scores and have the same cost, a proposal will be selected at random. Paperwork Reduction Act The reporting requirements contained in this notice have been approved by the Office of Management and Budget
(OMB)under Control Number 0575-0189. Dated: January 15, 2008. Russell T. Davis, Administrator, Housing and Community Facilities Programs, USDA Rural Development. Appendix A—Farm Labor Housing Technical Assistance Grant Agreement Farm Labor Housing Technical Assistance Grant Agreement This agreement dated ________ is between ________________ , Herein called “grantee”, organized and operated under __________ , (authorizing State statute) and the United States of America acting through the Rural Housing Service, USDA Rural Development, herein called “USDA Rural Development”. USDA Rural Development agrees to grant a sum not to exceed $ ________ , subject to the terms and conditions of this agreement; provided, however, that the grant funds actually advanced and not needed for grant purposes shall be returned immediately to USDA Rural Development. The Farm Labor Housing Technical Assistance (FLH-TA) grant statement of work approved by USDA Rural Development, is attached, and shall commence within 10 days of the date of execution of this agreement by USDA Rural Development and be completed by ________ .
(Date)USDA Rural Development may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of this grant agreement or USDA Rural Development regulations related hereto. The grantee may appeal adverse decisions in accordance with USDA Rural Development's appeal procedures contained in 7 CFR part 11. In consideration of said grant by USDA Rural Development to the grantee, to be made pursuant to section 516 of the Housing Act of 1949, as amended, the grantee will provide such a program in accordance with the terms of this grant agreement and applicable regulations. PART A—Definitions 1. “Beginning date” means the date this agreement is executed by both parties and costs can be incurred. 2. “Ending date” means the date this agreement is scheduled to be completed. It is also the latest date grant funds will be provided under this agreement, without an approved extension. 3. “Disallowed costs” are those charges to a grant which USDA Rural Development determines cannot be authorized in accordance with applicable federal cost principles contained in 7 CFR parts 3015, 3016 and 3019, as appropriate. 4. “Grant closeout” is the process by which the grant operation is concluded at the expiration of the grant period or following a decision to terminate the grant. 5. “Termination” of the grant means the cancellation of Federal assistance, in whole or in part, at any time before the date of completion. PART B—Terms of Agreement *USDA Rural Development and the grantee agree that:* 1. All grant activities shall be limited to those authorized by this grant agreement and section 516
(i)of the Housing Act of 1949, as amended. 2. This agreement shall be effective when executed by both parties. 3. The FLH-TA grant activities approved by USDA Rural Development shall commence and be completed by the date indicated above, unless terminated under part B, paragraph 18 of this grant agreement, or extended by execution of the attached “Amendment” by both parties. 4. The grantee shall carry out the FLH-TA grant activities and processes as described in the approved statement of work which is attached to, and made a part of, this grant agreement. Grantee will be bound by the activities and processes contained in the statement of work and the further conditions contained in this grant agreement. If the statement of work is inconsistent with this grant agreement, then the latter will govern. A change of any activities and processes must be in writing and must be signed by the approval official. 5. The grantee shall use grant funds only for the purposes and activities approved by USDA Rural Development in the FLH-TA grant budget and authorized by law. Any uses not provided for in the approved budget must be approved in writing by USDA Rural Development in advance. 6. If the grantee is a private nonprofit corporation, expenses charged for travel or per diem will not exceed the rates paid to Federal employees or (if lower) an amount authorized by the grantee for similar purposes. If the grantee is a public body, the rates will be those that are allowable under the customary practice in the government of which the grantee is a part; if none are customary, the USDA Rural Development Federal employee rates will be the maximum allowed. 7. Grant funds will not be used:
(a)To pay obligations incurred before the beginning date or after the ending date of this agreement;
(b)For any entertainment purposes;
(c)To pay for any capital assets, the purchase of real estate or vehicles, the improvement or renovation of the grantee's office space, or for the repair or maintenance of privately owned vehicles;
(d)For any other purpose prohibited in 7 CFR parts 3015, 3016, 3019 and 3560, as applicable;
(e)For administrative expenses exceeding 20 percent of the FLH-TA grant funds; or
(f)For purposes other than to encourage the development of farm labor housing. 8. The grant funds shall not be used to substitute for any financial support previously provided and currently available or assured from any other source. 9. The disbursal of grants will be governed as follows:
(a)In accordance with 31 CFR part 205, grant funds will be provided by USDA Rural Development as cash advances on an as needed basis not to exceed one advance every 30 days. The advance will be made by a United States Department of Treasury (“Treasury”) check or electronic funds transfer, as appropriate, directly to the grantee. In addition, the grantee must submit Standard Form
(SF)272, “Federal Cash Transactions Report,” each time an advance of funds is made. This report shall be used by USDA Rural Development to monitor cash advances made to the grantee. The financial management system of the recipient organization shall provide for effective control over and accountability for all federal funds as required by 7 CFR parts 3015, 3016, and 3019, as applicable.
(b)Cash advances to the grantee shall be limited to the minimum amounts needed and shall be timed to be in accord with the actual, immediate cash requirements of the grantee in carrying out the purpose of the planned project. The timing and amount of cash advances shall be as close as administratively feasible to the actual disbursements by the grantee for direct program costs (as identified in the grantee's statement of work and budget and fund use plan) and proportionate share of any allowable indirect costs.
(c)Grant funds should be promptly refunded to the USDA Rural Development and redrawn when needed if the funds are erroneously drawn in excess of immediate disbursement needs. The only exceptions to the requirement for prompt refunding are when the funds involved:
(i)Will be disbursed by the recipient organization within 7 calendar days from the date of the Electronic Funds Transfer (EFT); or
(ii)Are less than $10,000 and will be disbursed within 30 calendar days from the date of the EFT.
(d)Grantee shall provide satisfactory evidence to USDA Rural Development that all officers of the grantee's organization authorized to receive or disburse federal funds are covered by fidelity bonds in an amount of at least the grant amount to protect USDA Rural Development's interests. 10. The grantee will submit performance, financial, and annual reports as required by 7 CFR parts 3015, 3016, and 3019, as applicable, to the appropriate USDA Rural Development office. These reports must be reconciled to the grantee's accounting records.
(a)As needed, but not more frequently than once every 30 calendar days, submit an original and two copies of SF-270, “Request for Advance or Reimbursement.” In addition, the grantee must submit a SF-272, each time an advance of funds is made. This report shall be used by USDA Rural Development to monitor cash advances made to the grantee.
(b)Quarterly reports will be submitted within 15 days after the end of each calendar quarter. Quarterly reports shall consist of an original and one copy of SF-269, “Financial Status Report,” and a quarterly performance report summarizing the grantee's activities and accomplishments for the prior quarter. Item 10(g) (total program outlays) of SF-269, will be less any rebates, refunds, or other discounts. The quarterly performance report will provide a summary of the grantee's activities for the prior quarter and their progress in accomplishing the tasks described in the grantee's statement of work. The quarterly report will also inform USDA Rural Development of any problems or difficulties the grantee is experiencing (i.e., locating sites, finding feasible markets, gaining public support, etc.). The reports will be reviewed by USDA Rural Development for the purpose of evaluating whether the grantee is accomplishing the objectives of the grant and whether USDA Rural Development can assist the grantee in any manner. Quarterly reports shall be submitted to a designated official at the USDA Rural Development National office, with a copy of the report to each State Director within the FLH-TA grant region where the grantee is operating.
(c)Submit within 90 days after the termination or expiration of the grant agreement, an original and two copies of SF-269, and a final performance report which will include a summary of the project's accomplishments, problems, and planned future activities of the grantee under FLH-TA grants. Final reports may serve as the last quarterly report.
(d)USDA Rural Development may change the format or process of the monthly and quarterly activities and accomplishments reports during the performance of the agreement. 11. In accordance with Office of Management and Budget
(OMB)Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments (a copy of which is available in any USDA Rural Development office), compensation for employees will be considered reasonable only to the extent that such compensation is consistent with that paid for similar work in other activities of the State or local government. 12. If the grant exceeds $100,000, cumulative transfers among direct cost budget categories totaling more than 5 percent of the total budget must have prior written approval of USDA Rural Development. 13. The results of the program assisted by grant funds may be published by the grantee without prior review by USDA Rural Development, provided that such publications acknowledge the support provided by funds provided by USDA Rural Development pursuant to the provisions of title V of the Housing Act of 1949, as amended, and that five copies of each such publication are furnished to USDA Rural Development. 14. The grantee certifies that no person or organization has been employed or retained to solicit or secure this grant for a commission, percentage, brokerage, or contingency fee. 15. No person in the United States shall, on the grounds of race, religion, color, sex, familial status, age, national origin, or disability, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in connection with the use of grant funds. Grantee will comply with the nondiscrimination regulations of USDA Rural Development contained in 7 CFR part 1901, subpart E. 16. In all hiring or employment made possible by or resulting from this grant:
(a)The grantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, familial status, age, national origin, or disability;
(b)The grantee will ensure that employees are treated without regard to their race, religion, color, sex, familial status, age, national origin, or disability. This requirement shall apply to, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship; and
(c)In the event grantee signs a contract related to this grant which would be covered by any Executive Order, law, or regulation prohibiting discrimination, grantee shall include in the contract the “Equal Employment Clause” as specified by Form RD 400-1, “Equal Opportunity Agreement”. 17. The grantee accepts responsibility for accomplishing the FLH-TA grant program as submitted and included in its pre-application and application, including its statement of work. The grantee shall also:
(a)Endeavor to coordinate and provide liaison with state and local housing organizations, where they exist.
(b)Provide continuing information to USDA Rural Development on the status of grantee's FLH-TA grant programs, projects, related activities, and problems.
(c)Inform USDA Rural Development as soon as the following types of conditions become known:
(i)Problems, delays, or adverse conditions which materially affect the ability to attain program objectives, prevent the meeting of time schedules or goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated, new time schedules required and any USDA Rural Development assistance needed to resolve the situation.
(ii)Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. 18. The grant closeout and termination procedures will be as follows:
(a)Promptly after the date of completion or a decision to terminate a grant, grant closeout actions are to be taken to allow the orderly discontinuation of grantee activity.
(i)The grantee shall immediately refund to USDA Rural Development any uncommitted balance of grant funds.
(ii)The grantee will furnish to USDA Rural Development within 90 calendar days after the date of completion of the grant, SF-269 and all financial, performance, and other reports required as a condition of the grant, including a final audit report, as required by 7 CFR parts 3015, 3016, and 3019, as applicable. In accordance with 7 CFR part 3015 and OMB Circular A-133, audits must be conducted in accordance with generally accepted government auditing standards.
(iii)The grantee shall account for any property acquired with FLH-TA grant funds or otherwise received from USDA Rural Development.
(iv)After the grant closeout, USDA Rural Development will recover any disallowed costs which may be discovered as a result of an audit.
(b)When there is reasonable evidence that the grantee has failed to comply with the terms of this grant agreement, the Administrator (or his or her designee) can, on reasonable notice, suspend the grant pending corrective action or terminate the grant in accordance with part B, paragraph 18(c) of this grant agreement. In such instances, USDA Rural Development may reimburse the grantee for eligible costs incurred prior to the effective date of the suspension or termination and may allow all necessary and proper costs which the grantee could not reasonably avoid. USDA Rural Development will withhold further advances and grantees are prohibited from further use of grant funds, pending corrective action.
(c)Grant termination will be based on the following:
(i)Termination for cause. This grant may be terminated in whole, or in part, at any time before the date of completion, whenever USDA Rural Development determines that the grantee has failed to comply with the terms of this agreement. The reasons for termination may include, but are not limited to, such problems as:
(A)Failure to make reasonable and satisfactory progress in attaining grant objectives.
(B)Failure of grantee to use grant funds only for authorized purposes.
(C)Failure of grantee to submit adequate and timely reports of its operation.
(D)Violation of any of the provisions of any laws administered by USDA Rural Development or any regulation issued thereunder.
(E)Violation of any nondiscrimination or equal opportunity requirement administered by USDA Rural Development in connection with any USDA Rural Development programs.
(F)Failure to maintain an accounting system acceptable to USDA Rural Development.
(ii)Termination for convenience. USDA Rural Development or the grantee may terminate the grant in whole, or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in case of partial termination, the portion to be terminated.
(d)USDA Rural Development shall notify the grantee in writing of the determination and the reasons for and the effective date of the suspension or termination. Except for termination for convenience, grantees have the opportunity to appeal a suspension or termination in accordance with 7 CFR part 11. 19. Upon any default under its representations or agreements contained in this instrument, the grantee, at the option and demand of USDA Rural Development, will repay to USDA Rural Development forthwith the grant funds received with interest at the rate of 5 percent per annum or such other rate as USDA Rural Development has established by regulation from the date of the default. The provisions of this grant agreement may be enforced by USDA Rural Development, at its option and without regard to prior waivers by it or previous defaults of the grantee, by judicial proceedings to require specific performance of the terms of this grant agreement or by such other proceedings in law or equity, in either Federal or state courts, as may be deemed necessary by USDA Rural Development to assure compliance with the provisions of this grant agreement and the laws and regulations under which this grant is made. 20. Extension of this grant agreement, modifications of the statement of work, or changes in the grantee's budget may be approved by USDA Rural Development provided, in USDA Rural Development's opinion, the extension or modification is justified and there is a likelihood that the grantee can accomplish the goals set out and approved in the statement of work during the period of the extension and/or modifications. 21. The provisions of 7 CFR parts 3015, 3016, and 3019, as applicable, are incorporated herein and made a part hereof by reference. PART C—Grantee Agrees 1. To comply with property management standards for expendable and nonexpendable personal property established by 7 CFR parts 3015, 3016, and 3019. 2. To provide a financial management system which will include:
(a)Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on a cash basis. The financial management system shall include a tracking system to insure that all program income, including loan repayments, are used properly. The standards for financial management systems are contained in OMB Circular A-110 and 7 CFR part 3015.
(b)Records which identify adequately the source and application of funds for grant supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income.
(c)Effecting control over and accountability for all funds, property, and other assets. Grantee shall adequately safeguard all such assets and shall assure that they are solely for authorized purposes.
(d)Accounting records supported by source documentation. 3. To retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least 3 years after the submission of the final performance report, in accordance with part B, paragraph 10
(c)of this grant agreement, except in the following situations:
(a)If any litigation, claim, audit, or investigation is commenced before the expiration of the 3-year period, the records shall be retained until all litigation, claims, audits, or investigative findings involving the records have been resolved.
(b)Records for nonexpendable property acquired by USDA Rural Development, the 3-year retention requirement is not applicable.
(c)When records are transferred to or maintained by USDA Rural Development, the 3-year retention requirement is not applicable.
(d)Scanned or microfilm copies may be substituted in lieu of original records. USDA Rural Development and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the grantee which are pertinent to the specific grant program for the purpose of making audits, examinations, excerpts, and transcripts. 4. To provide information as requested by USDA Rural Development concerning the grantee's actions in soliciting citizen participation in the applications process, including published notices of public meetings, actual public meetings held, and content of written comments received. 5. Not to encumber, transfer, or dispose of the property or any part thereof, furnished by USDA Rural Development or acquired wholly or in part with FLH-TA grant funds without the written consent of USDA Rural Development. 6. To provide USDA Rural Development with such periodic reports of grantee operations as may be required by authorized representatives of USDA Rural Development. 7. To execute Form RD 400-1, “Equal Opportunity Agreement”, and Form RD 400-4, “Assurance Agreement,” and to execute any other agreements required by USDA Rural Development to implement the civil rights requirements. 8. To include in all contracts in excess of $100,000, a provision for compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7606. Violations shall be reported to USDA Rural Development and the regional office of the United States Environmental Protection Agency. 9. That no member of Congress shall be admitted to any share or part of this grant or any benefit that may arise there from, but this provision shall not be construed to bar as a contractor under the grant a public-held corporation whose ownership might include a member of Congress. 10. That all non-confidential information resulting from its activities shall be made available to the general public on an equal basis. 11. That the grantee shall relinquish any and all copyrights and privileges to the materials developed under this grant, such material being the sole property of the Federal Government. In the event anything developed under this grant is published in whole or in part, the material shall contain a notice and be identified by language to the following effect: “The material is the result of tax supported research and as such is not copyrightable. It may be freely reprinted with the customary crediting of the source.” 12. That the grantee shall comply with 7 CFR parts 3015, 3016, or 3019, as applicable, which provide standards for use by grantees in establishing procedures for the procurement of supplies, equipment, and other services with Federal grant funds. 13. That it is understood and agreed that any assistance granted under this grant agreement will be administered subject to the limitations of section 516 of title V of the Housing Act of 1949, as amended, and that all rights granted to USDA Rural Development herein or elsewhere may be exercised by it in its sole discretion to carry out the purposes of the assistance, and protect USDA Rural Development's financial interest. 14. That the grantee will adopt and provide to USDA Rural Development a standard of conduct which provides that, if an employee, officer, or agency of the grantee, or such person's immediate family members conducts business with the grantee, the grantee must not:
(a)Participate in the selection, award, or administration of a contract to such persons for which Federal funds are used;
(b)Knowingly permit the award or administration of the contract to be delivered to such persons or other immediate family members or to any entity (i.e., partnerships, corporations, etc.) in which such persons or their immediate family members have an ownership interest; or
(c)Permit such person to solicit or accept gratuities, favors, or anything of monetary value from landlords or developers of rental or ownership housing projects or any other person receiving FLH-TA grant assistance. 15. That the grantee will be in compliance with and provide the necessary forms concerning the debarment and suspension and the drug-free workplace requirements. PART D—USDA Rural Development Agrees 1. That it will assist the grantee, within available appropriations, with such technical and management assistance as needed in coordinating the statement of work with local officials, comprehensive plans, and any State or area plans for improving housing for farm workers. 2. That at its sole discretion, USDA Rural Development may at any time give any consent, deferment, subordination, release, satisfaction, or termination of any or all of the grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as the grantor may determine to be:
(a)Advisable to further the purposes of the grant or to protect USDA Rural Development's financial interests therein; and
(b)Consistent with the statutory purposes of the grant and the limitations of the statutory authority under which it is made and USDA Rural Development's regulations. PART E—Attachments The grantee's statement of work is attached to and made a part of this grant agreement. This grant agreement is subject to current USDA Rural Development regulations and any future regulations not inconsistent with the express terms hereof. Grantee has caused this grant agreement to be executed by its duly authorized ________ properly attested to and its corporate seal affixed by its duly authorized __________. Attest: Grantee: By: (Title) Date of Execution of Grant Agreement by Grantee: United States of America Acting through the United States Department of Agriculture Rural Housing Service, Rural Development By: Date of Execution of Grant Agreement by USDA Rural Development: __________ Amendment to Farm Labor Housing Technical Assistance Grant Agreement This amendment between ____________, herein called the “Grantee,” and the United States of America acting through USDA Rural Development, hereby amends the Farm Labor Housing Technical Assistance Grant Agreement originally executed by said parties on __________. Said grant agreement is amended by extending the ending date of the grant agreement to __________, or by making the following changes noted in the attachments hereto (list and identify proposals) and any other documents pertinent to the grant agreement which are attached to this amendment. The grantee has caused this “Amendment to Farm Labor Housing Technical Assistance Grant Agreement” to be executed by its duly authorized ________ properly attested to and its corporate seal affixed by its duly authorized __________. Attest: Grantee: By: (Title) Date of Execution of Amendment to Grant Agreement by Grantee: United States of America Acting through the United States Department of Agriculture Rural Housing Service, Rural Development By: (Title) Date of Execution of Amendment to Grant Agreement by USDA Rural Development: [FR Doc. E8-1495 Filed 1-28-08; 8:45 am] BILLING CODE 3410-XV-P COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Florida 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 Florida Advisory Committee to the Commission will convene at 11 a.m. and adjourn at 2 p.m. on Thursday, February 21, 2008, at the Ying Academic Center, 36 W. Pine Street, University of Central Florida, Orlando, Florida. The purpose of the meeting is for the Committee to consider its report on the restoration of voting rights for ex-felons. Members of the public are entitled to submit written comments; the comments must be received in the regional office by Friday, February 15, 2008. The address is Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth St., SW., Suite 18T40, Atlanta, GA 30303. Persons wishing to email their comments or who desire additional information should contact Peter Minarik, Regional Director, Southern Regional Office, at
(404)562-7000 or by e-mail at *pminarik@usccr.gov.* Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten
(10)working days before the scheduled date of the meeting. Records generated from these meetings may be inspected and reproduced at the Southern 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 Southern 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 at Washington, DC, January 24, 2008. Christopher Byrnes, Chief, Regional Programs Coordination Unit. [FR Doc. E8-1512 Filed 1-28-08; 8:45 am] BILLING CODE 6335-01-P COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Kentucky 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 briefing to and a planning meeting of the Kentucky Advisory Committee to the Commission will convene at 1 p.m. and adjourn at 4 p.m. on Friday, February 15, 2008, at Room 321, Gardiner Hall, University of Louisville, Louisville, Kentucky. The purpose of the briefing is to provide information to the Committee on fair housing enforcement in Kentucky. The purpose of the planning meeting is for the Committee to consider its report on the enforcement of fair housing in Kentucky. Members of the public are entitled to submit written comments; the comments must be received in the regional office by Friday, February 8, 2008. The address is Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth St., SW., Suite 18T40, Atlanta, GA 30303. Persons wishing to email their comments or who desire additional information should contact Peter Minarik, Regional Director, Southern Regional Office, at
(404)562-7000, or by e-mail at *pminarik@usccr.gov* . Hearing-impaired persons who will attend the meetings and require the services of a sign language interpreter should contact the Regional Office at least ten
(10)working days before the scheduled date of the meeting. Records generated from these meetings may be inspected and reproduced at the Southern 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 Southern 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 at Washington, DC, January 24, 2008. Christopher Byrnes, Chief, Regional Programs Coordination Unit. [FR Doc. E8-1514 Filed 1-28-08; 8:45 am] BILLING CODE 6335-01-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1539] Approval for Expansion of Subzone 107A, Winnebago Industries, Inc. (Motor Home Vehicles), Charles City and Forest City, IA Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas* , the Iowa Foreign-Trade Zone Corporation, grantee of FTZ 107, has requested authority on behalf of Winnebago Industries, Inc., to expand the subzone and the scope of manufacturing authority under zone procedures within Subzone 107A at the company's facilities in Charles City and Forest City, Iowa (FTZ Docket 26-2007, filed 7/23/07); *Whereas* , notice inviting public comment has been given in the **Federal Register** (72 FR 41705, 7/31/07); and, *Whereas* , the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore* , the Board hereby approves the expansion of Subzone 107A as well as the scope of manufacturing authority under zone procedures within Subzone 107A at the Winnebago Industries, Inc., facilities located in Charles City and Forest City, Iowa, as described in the application and the **Federal Register** notice, subject to the FTZ Act and the Board's regulations, including Section 400.28. Signed at Washington, DC, this 17th day of January 2008. David M. Spooner, David M. Spooner Assistant Secretary of Commerce For Import Administration, Alternate Chairman, Foreign-Trade Zones Board. Attest: Andrew McGilvray, *Executive Secretary.* [FR Doc. E8-1540 Filed 1-28-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1540] Approval for Manufacturing Authority Merck Sharpe & Dohme Quimica de Puerto Rico Inc. (Pharmaceutical Products) Caguas, PR Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas,* the Puerto Rico Industrial Development Corporation, grantee of Foreign-Trade Zone
(FTZ)7, has requested manufacturing authority under § 400.32(b)(2) of the Board's regulations on behalf of Merck Sharpe & Dohme Quimica de Puerto Rico Inc. within FTZ 7 at the MOVA Pharmaceutical Corporation facility in Caguas, Puerto Rico (FTZ Docket 31-2007, filed 7/27/07); *Whereas,* notice inviting public comment has been given in the **Federal Register** (72 FR 43233, 8/3/07); and, *Whereas,* the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore,* the Board hereby orders: The application for manufacturing authority within FTZ 7 on behalf of Merck Sharpe & Dohme Quimica de Puerto Rico Inc. is approved, subject to the FTZ Act and the Board's regulations, including section 400.28. Signed at Washington, DC, this 17th day of January 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. Andrew McGilvray, *Executive Secretary.* [FR Doc. E8-1544 Filed 1-28-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 2-2008] Foreign-Trade Zone 124—Gramercy, LA; Application for Subzone; Baker Hughes, Inc., (Barite Grinding and Milling), Morgan City, LA An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Port of South Louisiana, grantee of Foreign-Trade Zone
(FTZ)124, requesting special-purpose subzone status for the barite grinding and milling facility of Baker Hughes, Inc. (Baker Hughes) located in Morgan City, Louisiana. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on January 16, 2008. The Baker Hughes facility (12 acres, 13 employees) is located at 100 First Street, in Morgan City, within the Morgan City Customs and Border Protection port of entry. The facility is used for manufacturing, warehousing and distribution activities related to the processing of raw barite (HTSUS 2511.10) into ground barite (up to 350,000 tons annually). Ground barite is used in the production of drilling fluids (drilling mud) and various specialty chemicals for use by the oil and gas exploration industry. Baker Hughes sources the majority of its raw barite from abroad. The duty rate on the imported raw barite is $1.25 per metric ton. This application requests authority for Baker Hughes to conduct the activity under FTZ procedures, which would exempt the company from Customs duty payments on the imported barite used in export production. Less than one percent of production is exported. On domestic sales, the company could choose the lower duty rate (duty-free) for the imported raw barite used in manufacturing that applies to the finished product. The majority of FTZ-related savings will come from the elimination of the duty on the finished product. Baker Hughes will also realize additional savings on the elimination of duties on materials that become scrap/waste during manufacturing. The application indicates that the FTZ-related savings would improve the plant's international competitiveness. In accordance with the Board's regulations, a member of the FTZ staff has been designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address listed below. The closing period for their receipt is March 31, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to April 14, 2008). A copy of the application and accompanying exhibits will be available at each of the following addresses: Port of South Louisiana, 171 Belle Terre Blvd., P.O. Box 909, LaPlace, LA 70069; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Ave, NW., Washington, DC 20230. For further information contact Christopher Kemp at *christopher_kemp@ita.doc.gov* or
(202)482-0862. Dated: January 16, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-1536 Filed 1-28-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-891] Hand Trucks and Certain Parts Thereof From the People's Republic of China: Extension of Time Limit for the Preliminary Results of New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 29, 2008. FOR FURTHER INFORMATION CONTACT: Eugene Degnan, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-0414. SUPPLEMENTARY INFORMATION: Background On July 26, 2007, the Department initiated a new shipper review of New-Tec Integration (Xiamen) Co., Ltd. (“New-Tec”) covering the period December 1, 2006, through May 31, 2007. *See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review* , 72 FR 42392 (August 2, 2007). The preliminary results of this new shipper review are currently due no later than January 22, 2008. Statutory Time Limits Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the “Act”), provides that the Department will issue the preliminary results of a new shipper review of an antidumping duty order within 180 days after the day on which the review was initiated. See also 19 CFR 351.214 (i)(1). The Act further provides that the Department may extend that 180-day period to 300 days if it determines that the case is extraordinarily complicated. *See* 19 CFR 351.214 (i)(2). Extension of Time Limit of Preliminary Results The Department determines that this new shipper review involves complicated methodological issues, the examination of importer information and the evaluation of the *bona fide* nature of the company's sale. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for these preliminary results by 90 days, until no later than April 21, 2008. The final results continue to be due 90 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. Dated: January 18, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-1552 Filed 1-28-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-908] Postponement of Final Determination of Antidumping Duty Investigation: Sodium Hexametaphosphate From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 29, 2008. FOR FURTHER INFORMATION CONTACT: Erin Begnal or Scot Fullerton, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-1442 or
(202)482-1386, respectively. Postponement of Final Determination On February 28, 2007, the Department of Commerce (“Department”) initiated the antidumping duty investigation of sodium hexametaphosphate from the People's Republic of China. *See Initiation of Antidumping Duty Investigation: Sodium Hexametaphosphate From the People's Republic of China,* 72 FR 9926 (March 6, 2007) (“ *Initiation Notice* ”); *see also Notice of Correction of Initiation of Antidumping Duty Investigation: Sodium Hexametaphosphate from the People's Republic of China* , 72 FR 11325 (March 13, 2007). On September 14, 2007, the Department published the *Preliminary Determination* in the antidumping duty investigation of sodium hexametaphosphate (“SHMP”) from the People's Republic of China. *See Preliminary Determination of Sales at Less Than Fair Value: Sodium Hexametaphosphate from the People's Republic of China, 72 FR 52544 (September 14, 2007) (“Preliminary Determination* ”). Section 735(a)(2) of the Tariff Act of 1930 (“the Act”) provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by petitioner. In addition, the Department's regulations, at 19 CFR 351.210(e)(2), require that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to not more than six months. *See* 19 CFR 351.210(e)(2). On September 11, 2007, Hubei Xingfa Chemicals Group Co., Ltd., requested a 60-day extension of the final determination ( *i.e.* , 135 days after the publication of the preliminary determination) and extension of the provisional measures. On September 28, 2007, the Department published a 60-day postponement of the final determination of the investigation of SHMP from the PRC, based on the un-extended final determination date of November 20, 2007. *See Postponement of Final Determination of Antidumping Duty Investigation: Sodium Hexametaphosphate from the People's Republic of China* , 72 FR 55176 (September 28, 2007). The Department intended to fully postpone the final determination by 135 days, pursuant to section 735(a) of the Act and 19 CFR 351.210(b)(2), but it inadvertently calculated the postponement based on the signature date of the preliminary determination, as opposed to the publication date. With this notice, we intend to fully postpone the final determination based upon the publication date of the preliminary determination. Thus, because our preliminary determination is affirmative, and the respondent requesting an extension of the final determination and an extension of the provisional measures, accounts for a significant proportion of exports of the subject merchandise, and no compelling reasons for denial exist, based on the date of the publication of the preliminary determination (September 14, 2007), we are postponing the final determination by 135 days until January 28, 2007. 1 1 The full postponement would result in the signature day falling on January 27, 2008, which is a Sunday. Therefore, the signature day will roll over to the next business day, January 28, 2008, in accordance with our practice. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended,* 70 FR 24533 (May 10, 2005). This notice is issued and published pursuant to sections 777(i) and 735(a)(2) of the Act and 19 CFR 351.210(g). Dated: January 22, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-1555 Filed 1-28-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF19 Fisheries in the Western Pacific; Western Pacific Crustacean Fisheries; 2008 Harvest Guideline AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of harvest guideline for crustaceans. SUMMARY: NMFS announces that the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands
(NWHI)for calendar year 2008 is established at zero lobsters. FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS Pacific Islands Region, 808-944-2271. SUPPLEMENTARY INFORMATION: The NWHI commercial lobster fishery is managed under the Fishery Management Plan for the Crustacean Fisheries of the Western Pacific Region (Crustaceans FMP). The regulations at 50 CFR 665.50(b)(2) require NMFS to publish an annual harvest guideline for lobster Permit Area 1, comprised of Federal waters around the NWHI. The NWHI commercial lobster fishery, which operates almost exclusively within 50 nm of the NWHI archipelago, has been closed since 2000, initially as a precautionary action to prevent overfishing of spiny and slipper lobster resources while NMFS conducted biological research and assessed the status of the lobster stocks. In 2006, Presidential Proclamation No. 8031 established the NWHI Marine National Monument (later renamed the Papahanaumokuakea Marine National Monument). Regulations implementing the Proclamation, promulgated jointly by NOAA and the U.S. Fish and Wildlife Service, prohibit the unpermitted removal of monument resources (50 CFR 404.7) and establish a zero annual harvest guideline for lobsters (50 CFR 404.10(a)). Accordingly, NMFS establishes the harvest guideline at zero lobsters for the NWHI commercial lobster fishery for calendar year 2008; thus, no harvest of NWHI lobster resources is allowed. Authority: 16 U.S.C. 1801 et seq. Dated: January 24, 2008 Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-1560 Filed 1-28-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF26 Atlantic Bluefin Tuna Scientific Workshop AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS announces the date, time, and location for an informal Atlantic bluefin tuna
(BFT)scientific workshop (Workshop). DATES: The Workshop will start at 10 a.m. on Tuesday, February 5, 2008, and will conclude at 12:30 p.m., Wednesday, February 6, 2008. ADDRESSES: The Workshop will be held at the NMFS Southeast Regional Office, 13 th Avenue, South, St. Petersburg, FL 33701. FOR FURTHER INFORMATION CONTACT: Victor Restrepo at
(305)361-4000. SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual authority of the Magnuson-Stevens Act and the Atlantic Tunas Convention Act (ATCA), which authorizes the Secretary of Commerce (Secretary) to promulgate regulations, as may be necessary and appropriate, to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). ICCAT's Standing Committee on Research and Statistics
(SCRS)will hold an Atlantic bluefin tuna stock assessment session in Madrid, Spain in June 2008. In advance of the SCRS session, NMFS will hold an informal BFT scientific workshop to review, to discuss relevant BFT research, preparations for the stock assessments, and the timeline for submission of scientific papers to SCRS by U.S. researchers. Dated: January 24, 2008. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-1561 Filed 1-28-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE02 Endangered and Threatened Species; Initiation of a Status Review for Shortnose Sturgeon AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Announcement of initiation of status review; request for information; extension of comment period. SUMMARY: We, NMFS, are extending the deadline for providing information to be used during the status review of shortnose sturgeon (Acipenser brevirostrum) under the Endangered Species Act (ESA). The initial deadline was January 29, 2008. This extension is intended to ensure that the option to submit comments electronically is available for an entire 60-day period. DATES: Written information regarding the status of, and factors and threats affecting, shortnose sturgeon must be received by March 31, 2008. ADDRESSES: You may submit comments, identified by 0648-XE02, by any one of the following methods: • Electronic submissions: Submit all electronic public comments via the Federal eRulemaking Portal: *http://www.regulations.gov* . • Fax: 978-281-9394, Attention: Dana Hartley. • Mail: Information on paper, disk or CD-ROM should be addressed to the Assistant Regional Administrator for Protected Resources, NMFS Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. Instructions: All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Dana Hartley, NMFS, Northeast Regional Office
(978)281-9300 ext. 6514; Stephania Bolden, NMFS, Southeast Regional Office
(727)824-5312; or Marta Nammack, NMFS, Office of Protected Resources,
(301)713-1410. SUPPLEMENTARY INFORMATION: We initiated a status review of the shortnose sturgeon under the ESA on November 30, 2007 (72 FR 67712). Due to temporary difficulty in accessing the electronic Federal eRulemaking Portal at the beginning of the initial comment period, we are extending the public comment period. Dated: January 24, 2008. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-1562 Filed 1-28-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Evaluation of State Coastal Management Programs and National Estuarine Research Reserves AGENCY: National Oceanic and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management, National Ocean Service, Commerce. ACTION: Notice of intent to evaluate and notice of availability of final findings. SUMMARY: The NOAA Office of Ocean and Coastal Resource Management
(OCRM)announces its intent to evaluate the performance of the South Carolina Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended
(CZMA)and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of a Coastal Management Program requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visit for the listed evaluation, and the date, local time, and location of the public meeting during the site visit. *Dates and Times:* The South Carolina Coastal Management Program evaluation site visit will be held March 10-14, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, March 12, 2008, at 6 p.m., at the South Carolina Department of Natural Resources, Marine Resources Research Institute Auditorium, 217 Fort Johnson Road, Charleston, South Carolina. ADDRESSES: Copies of the state's most recent performance reports, as well as OCRM's evaluation notification and supplemental information request letters to the state, are available upon request from OCRM. Written comments from interested parties regarding this Program are encouraged and will be accepted until 15 days after the public meeting. Please direct written comments to Kate Barba, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910. When the evaluation is completed, OCRM will place a notice in the **Federal Register** announcing the availability of the Final Evaluation Findings. SUPPLEMENTARY INFORMATION: Notice is hereby given of the availability of the final evaluation findings for the New Jersey and Guam Coastal Management Programs
(CMPs)and the Guana Tolomato Matanzas (Florida) National Estuarine Research Reserve (GTM NERR). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The State of New Jersey and the Territory of Guam were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. The GTM NERR was found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Kate Barba, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910, or *Kate.Barba@noaa.gov.* FOR FURTHER INFORMATION CONTACT: Kate Barba, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910,
(301)563-1182. Dated: January 17, 2008. David M. Kennedy, Director, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration. (Federal Domestic Assistance Catalog 11.419 Coastal Zone Management Program Administration) [FR Doc. E8-1537 Filed 1-28-08; 8:45 am] BILLING CODE 3510-08-P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Sunshine Act Meeting Notice The Board of Directors of the Corporation for National and Community Service gives notice of the following meeting: Date and Time: Tuesday, February 5, 2008, 4 p.m.-5:30 p.m. Place: Corporation for National and Community Service; 8th Floor; 1201 New York Avenue, NW.; Washington, DC 20525. Status: Open. Matters To Be Considered: I. Chair's Opening Remarks II. Consideration of Prior Meeting's Minutes III. CEO Report IV. Committee Reports V. Public Comment Accommodations: Anyone who needs an interpreter or other accommodation should notify the Corporation's contact person by 5 p.m. Monday, February 4, 2008. *Contact Person for More Information:* Lisa Guccione, Senior Policy Advisor, Office of the CEO, Corporation for National and Community Service, 10th Floor, Room 10207, 1201 New York Avenue, NW., Washington, DC 20525. Phone
(202)606-6637. Fax
(202)606-3460. TDD:
(202)606-3472. E-mail: *lguccione@cns.gov.* Dated: January 25, 2008. Frank R. Trinity, General Counsel. [FR Doc. 08-403 Filed 1-25-08; 12:18 pm]
Connectionstraces to 7
19 references not yet in our index
  • Pub. L. 104-13
  • Pub. L. 96-468
  • Pub. L. 106-224
  • Pub. L. 107-171
  • 7 CFR 4284.3
  • 7 CFR 4284
  • 7 CFR 4284.6
  • 7 CFR 3015
  • 7 CFR 3019.24
  • 7 CFR 3560
  • 7 CFR 11
  • 31 CFR 205
  • 7 CFR 1901
  • 19 USC 81a-81u
  • 15 CFR 400
  • 50 CFR 665.50(b)(2)
  • 50 CFR 404.7
  • 50 CFR 404.10(a)
  • 15 CFR 923
Citation graph
cites case law
Notices
Extension of approval of an information collection; comment request
Pub. L.Pub. L. 104-13
Pub. L.Pub. L. 96-468
Pub. L.Pub. L. 106-224
Pub. L.Pub. L. 107-171
Cite7 CFR 4284.3
Cites 26 · showing 12Cited by 0 across 0 sources
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