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Code · REGISTER · 2008-02-01 · Federal Communications Commission · Proposed Rules

Proposed Rules. Proposed rule

81,244 words·~369 min read·/register/2008/02/01/08-450

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BILLING CODE 4910-15-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [CS Docket No. 98-120; FCC 07-170] Carriage of Digital Television Broadcast Signals AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: While the *Third Report and Order* resolves the major questions about material degradation and viewability after the transition, we now seek comment on a number of related issues which were not specifically raised in the *Second Further Notice of Proposed Rulemaking.* Now that the general rules are in place, the Commission believes it is appropriate to move toward an expeditious resolution of these outstanding matters so that all parties will have sufficient time to prepare for compliance with these new rules.
DATES: Comment Date: March 3, 2008. Reply Comment Date: March 17, 2008. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, please contact Lyle Elder, *Lyle.Elder@fcc.gov,* or Eloise Gore, *Eloise.Gore@fcc.gov,* of the Media Bureau, Policy Division,
(202)418-2120. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission's Third Further Notice of Proposed Rule Making (Third FNPRM) in CS Docket No. 98-120, FCC 07-170, adopted September 11, 2007, and released November 30, 2007. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. These documents will also be available via ECFS ( *http://www.fcc.gov/cgb/ecfs/* ). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to *fcc504@fcc.gov* or call the Commission's Consumer and Governmental Affairs Bureau at
(202)418-0530 (voice),
(202)418-0432 (TTY). Summary of the Third Notice of Proposed Rule Making A. Issues Related to Downconversion 1. Channel Placement: Section 614(b)(6) generally provides that commercial television stations carried pursuant to the mandatory carriage provision are entitled to be carried on a cable system on the same channel number on which the station broadcasts over-the-air. Under Section 615(g)(5) noncommercial television stations generally have the same right. The Act also permits commercial and noncommercial television stations to negotiate a mutually beneficial channel position with the cable operator. In the *First Report and Order,* the Commission found that it was unnecessary to place broadcast signals on a specific frequency in order to ensure nondiscriminatory treatment of television stations by cable operators. Instead, the Commission required that channel mapping information be passed through as part of the program and system information protocol (“PSIP”), linking the digital channel number with the appropriate primary video and program-related content. How should these channel positioning rules apply to operators carrying more than one version of a station's signal? We seek comment on this question. For systems that provide analog service, we propose that the analog version be physically located on the appropriate channel as determined by the channel placement rules, and that the version as broadcast appear on that same channel for digital subscribers who can view it. We seek comment on this proposal. We also seek comment on whether it will be technically possible for multiple digital versions to appear on the same channel from a subscriber perspective (e.g., channel 35 in HD for subscribers with HD, and the same channel 35 in SD for subscribers with SD). If so, should we adopt such a requirement? 2. Format: NAB and MSTV raise the point that “[w]hen digital programming is broadcast in a 16:9 format, downconversion of the signal to analog generally requires that the program be reformatted to fit the 4:3 analog aspect ratio.” Broadcasters may broadcast not only in different resolutions—HD, ED, SD—but also in different formats—16:9 or 4:3. When a digital signal is downconverted, particularly from HD to analog, it is likely to be a 16:9 signal being adjusted for display on a 4:3 screen. However, at times, particularly during the early years of the post-transition period, even HD broadcasters are likely to occasionally show images in a 4:3 aspect ratio, adding static bars to the edge of the broadcast picture to compensate. How should the downconverted signal be adjusted (letterboxing, centering, etc.), and if the Commission does not adopt a rule, who should make that decision? NAB proposes that, for signals converted at the headend, broadcasters make the determination, and for signals converted at a converter box, the boxes be required to allow the consumer to determine the format (as in the NTIA boxes). NCTA responds with a proposal to allow operators to determine the format of downconverted signals, arguing that operators are best able to determine how to “serve the needs of their analog viewing customers.” We seek comment on the appropriate approach for the Commission to take, and the costs and benefits of these proposals and any others offered by commenters. B. Material Degradation Issues 3. As NAB and MSTV note, the Commission found in 1993 that the material degradation rules apply equally to must carry stations and retransmission consent stations. They argue that this should be the case after the transition as well. NCTA, however, notes that in the *First Report and Order,* the Commission said that: *In the context of mandatory carriage of digital broadcast signals,* a cable operator may not provide a digital broadcast signal in a lesser format or lower resolution than that afforded to any digital programmer (e.g., non-broadcast cable programming, other broadcast digital program, etc.) carried on the cable system. We seek comment on the applicability of the material degradation rules adopted by this Order. C. Availability of Signals 4. Notice: As discussed above in paragraph 38, we will require that cable operators notify their subscribers if they decide to become an all-digital system. We believe that the existing notice provisions are sufficient to enforce this requirement. We request comment on these rules, and on whether we need more specific rules to govern notice to subscribers. D. Small Business 5. As we noted in the *Second Further Notice of Proposed Rulemaking (Second FNPRM),* we particularly welcome comments offering alternative rules that would “minimize the economic impact for small cable operators while still complying with the statutory requirements.” Several commenters argue that the rules we adopt in the *Third FNPRM* would impose high costs, particularly on small cable companies. ACA states that carriage of a single HD broadcast station could cost as much as $34,000 under our rules. We observe that these estimates appear to involve duplication of equipment, and that 75% of the listed costs are for equipment dealing with format conversion, something not resolved by this Order because it was first raised in comments and which is the subject of this *Third FNPRM, supra.* ACA's estimates are in contrast to the comments of NAB, who describe the costs of downconversion as “modest.” We welcome comment on these cost estimates. We also urge commenters to offer alternatives and explain how they would comply with the statute as well as minimize the impact on small operators. 6. The American Cable Association
(ACA)offers three proposals, and argues that failing to adopt them, at least as to small cable operators, would cause “many” financial failures among independent cable companies. 7. They propose:
(1)No change to the material degradation rules;
(2)allowing operators to meet the viewability requirement by converting broadcast signals into a format that they can cablecast to all their subscribers; and
(3)requiring must-carry broadcasters to pay the cost of any downconversion. The decisions made in the *Third Report and Order* largely track the first two of these proposals. Specifically, we retained the material degradation requirements described in the *First Report and Order* and expressly provided that cable systems may convert digital signals to analog format to be viewable for their subscribers. We also found that operators of systems with an activated channel capacity of 552 MHz or less could seek a waiver from the Commission if they do not have the capacity to carry the additional digital versions of must-carry stations. We seek comment on whether it would be appropriate to adopt the other rules proposed by ACA, for small cable operators only. Would such rules for small operators comply with the statute? 8. Block Communications offers a viewability proposal essentially identical to ACA's. They suggest a rule that operators be allowed to downconvert must carry digital signals into a format they can deliver to all subscribers; in their case, this would be analog, although in an all-digital system this would presumably be SD. Block proposes that “[i]f the station wanted more, it could elect retransmission consent and negotiate for it.” These proposals appear to seek reconsideration of the Commission's long-standing requirement of HD carriage. Although petitions for reconsideration of that requirement remain pending, we seek comment on this approach generally. ACA argues that if an operator provided carriage on identical terms to broadcasters and cable programmers it would not be in violation of Section 614(b)(4)(A). Given our interpretation of the statute set out in the Third Report and Order above, do we have any flexibility to alter the requirements for small cable operators? 9. Finally, ACA's last proposal is for must-carry broadcasters to bear the cost of downconversion. As NAB and MSTV have noted, this is a modest cost. Are the savings this would provide significant for small cable operators? Would the imposition of these costs on small broadcasters counteract the benefit to small business generally? 10. We also seek comment on the system characteristics that would be appropriate for relief; such as, number of subscribers, system capacity or something else. As discussed in the *Second FNPRM,* and in the Initial Regulatory Flexibility Analysis (“IRFA”) at Appendix B, there are at least four different approaches to measuring the size of a cable operator, and resolving this question is essential if the Commission is to consider applying different rules for such operators. 11. Finally, we seek further proposals for means to minimize the impact on small cable operators, whether they be alternative rules, ameliorated timetables, or any other approaches that would conform to the requirements of the statute. 12. The Commission will complete an Order concerning these small cable systems within six months. E. Other Issues 13. We welcome comment on any other matters relating to material degradation and viewability, and particularly the proper and sufficient application of the rules in this Order. F. Third Further Notice of Proposed Rulemaking 1. Initial Regulatory Flexibility Analysis 14. As required by the Regulatory Flexibility Act of 1980 (“RFA”), the Commission has prepared an Initial Regulatory Flexibility Analysis (“IRFA”) relating to this *Third Further Notice of Proposed Rulemaking.* The IRFA is set forth in Appendix B of the Order. 2. Initial Paperwork Reduction Act Analysis 15. This *Third Further Notice of Proposed Rulemaking* has been analyzed with respect to the PRA and does not contain proposed information collection requirements. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002. 3. Ex Parte Rules 16. *Permit-But-Disclose.* This proceeding will be treated as a “permit-but-disclose” proceeding subject to the “permit-but-disclose” requirements under Section 1.1206(b) of the Commission's Rules. *Ex parte* presentations are permissible if disclosed in accordance with Commission Rules, except during the Sunshine Agenda period when presentations, *ex parte* or otherwise, are generally prohibited. Persons making oral *ex parte* presentations are reminded that a memorandum summarizing a presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented is generally required. Additional rules pertaining to oral and written presentations are set forth in Section 1.1206(b). 4. Filing Requirements 17. *Comments and Replies.* Pursuant to Sections 1.415 and 1.419 of the Commission's rules, interested parties may file comments on or before March 3, 2008, and reply comments on or before March 17, 2008 using:
(1)The Commission's Electronic Comment Filing System (“ECFS”),
(2)the Federal Government's eRulemaking Portal, or
(3)by filing paper copies. • *Electronic Filers:* Comments may be filed electronically using the Internet by accessing the ECFS: *http://www.fcc.gov/cgb/ecfs/* or the Federal eRulemaking Portal: *http://www.regulations.gov.* Filers should follow the instructions provided on the website for submitting comments. • For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to *ecfs@fcc.gov,* and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. • *Paper Filers:* Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. • The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of *before* entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington DC 20554. 18. *Availability of Documents.* Comments, reply comments, and *ex parte* submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat. 19. *Accessibility Information.* To request information in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to *fcc504@fcc.gov* or call the FCC's Consumer and Governmental Affairs Bureau at
(202)418-0530 (voice),
(202)418-0432 (TTY). This document can also be downloaded in Word and Portable Document Format
(PDF)at: *http://www.fcc.gov.* G. Additional Information 20. For more information on this *Third Report and Order and Third Further Notice of Proposed Rule Making,* please contact Lyle Elder, *Lyle.Elder@fcc.gov,* or Eloise Gore, *Eloise.Gore@fcc.gov,* of the Media Bureau, Policy Division,
(202)418-2120. II. Ordering Clauses 21. *It is ordered* that, pursuant to the authority contained in Sections 4, 303, 614, and 615 of the Communications Act of 1934, as amended, 47 U.S.C. 154, 303, 534, and 535, this Third Report and Order and Third Further Notice of Proposed Rule Making *is adopted* and the Commission's rules *are hereby amended* as set forth in Appendix C of the Order. 22. *It is further ordered* that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, *shall send* a copy of this Third Report and Order and Third Further Notice of Proposed Rule Making, including the Initial and Final Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration. 23. *It is further ordered* that the Commission *shall send* a copy of this Third Report and Order and Third Further Notice of Proposed Rule Making in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A). Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-1914 Filed 1-31-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 071211828-7557-01] RIN 0648-AU22 Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management Measures in the Main Hawaiian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: This proposed rule would implement management measures for the vessel-based bottomfish fishery in the Main Hawaiian Islands, including requirements for non-commercial (recreational and subsistence) permits and data reporting, a closed season, annual total allowable catch limits, and non-commercial bag limits. The proposed action is intended to end the overfishing of bottomfish in the Hawaiian Archipelago. DATES: Comments must be received on or before March 7, 2008. ADDRESSES: Comments on the proposed rule, identified by 0648-AU22, may be sent to either of the following addresses: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal *www.regulations.gov* ; or • Mail: William L. Robinson, Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd, Suite 1110, Honolulu, HI 96814-4700. Instructions: All comments received are a part of the public record and will generally be posted to www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) submitted voluntarily 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 or Excel, WordPerfect, or Adobe PDF file formats only. Copies of Amendment 14, including a final environmental impact statement, regulatory impact review, and initial regulatory flexibility analysis, are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226. FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS PIR, 808-944-2273. SUPPLEMENTARY INFORMATION: Electronic Access This proposed rule is accessible via the World Wide Web at the Office of the **Federal Register** 's web site *www.gpoaccess.gov/fr/* . Background Bottomfish fishing in Hawaii is managed under the Fishery Management Plan for the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region (Bottomfish FMP), which was developed by the Council and implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Hawaii bottomfish are managed as a single archipelago-wide multi-species stock complex (bottomfish complex). The bottomfish complex is comprised of certain deep-slope snappers, groupers, and jacks. Fisheries and management programs for Hawaiian bottomfish operate in two large geographic areas--the Northwestern Hawaiian Islands
(NWHI)and the main Hawaiian Islands (MHI). Fishermen use lines with baited hooks to target bottomfish over deep bottom slopes. Fishing trips are usually a day or less, and most bottomfish fishermen also participate in pelagic fisheries (e.g., trolling for tunas, marlins, and related species). Except for a few full-time commercial bottomfish fishermen, most fish for bottomfish no more than 60 days a year. Data from the Hawaii commercial bottomfish fishery are collected through the State of Hawaii commercial fishing report program. In 2003, the most recent year for which data are available, there were currently about 380 vessels active in the commercial bottomfish fishery. The total 2003 ex-vessel revenue from the commercial bottomfish fishery in the MHI was estimated at $1.46 million for landings of 273,000 lb (123,831 kg). There is currently no mandatory permitting or data reporting requirement for non-commercial fishing. Some data on the non-commercial bottomfish fishery are collected through surveys. NMFS estimates that, based on the State boat registration program and independent surveys, 800-5,000 fishermen participate in the non-commercial bottomfish fishery. NMFS, on behalf of the Secretary of Commerce, determined that overfishing is occurring on the bottomfish complex in the Hawaiian Archipelago, with the primary problem being excessive fishing mortality on seven deep water species (the “Deep 7” species) in the MHI. The Deep 7 species are onaga ( *Etelis coruscans* ), ehu ( *E. carbunculus* ), gindai ( *Pristipomoides zonatus* ), kalekale ( *P. sieboldii* ), opakapaka ( *P. filamentosus* ), lehi ( *Aphareus rutilans* ), and hapu'upu'u ( *Epinephelus quernus* ). On May 27, 2005, NMFS notified the Council of the overfishing and requested the Council to take appropriate action to end the overfishing (70 FR 34452, June 14, 2005). In response, in May 2006, the Council prepared an FMP amendment and draft regulations that would have reduced fishing mortality on the Deep 7 species by 15 percent, the reduction indicated by the stock assessment at that time. In September 2006, before the Council amendment was finalized, NMFS updated the status of bottomfish stocks using 2004 data, and concluded that overfishing was still occurring and that bottomfish fishing effort in the MHI would have to be reduced by 24 percent from the 2004 level to bring archipelago-wide bottomfish fishing mortality down to the maximum fishing mortality threshold. To immediately address the overfishing situation, the Council requested that NMFS close the Hawaii non-commercial and commercial bottomfish fisheries during the summer of 2007. NMFS promulgated an interim rule that closed Federal waters around the MHI to commercial and non-commercial bottomfish fishing for the Deep 7 species from May 15 though September 30, 2007 (72 FR 27065; May 17, 2007). The State of Hawaii also implemented a complementary interim closed season for State waters during the same period. The Council further developed Amendment 14 and management measures designed to prevent overfishing, commensurate with the 2006 revised bottomfish stock assessment. This proposed rule is intended to end overfishing of the bottomfish stocks around the Hawaiian Archipelago, reduce the fishing mortality for the Deep 7 species in the MHI by approximately 24 percent in 2008 and establish a mechanism (annual TAC) to respond to future changes in stock status, and improve data collection from non-commercial bottomfish fisheries in Federal waters around the MHI. The proposed rule would implement several management measures for vessel-based bottomfish fishing in the MHI. First, a Federal bottomfish permit would be required for all vessel-based non-commercial fishing for any bottomfish management unit species (not just Deep 7 species) in Federal waters around the MHI. All non-commercial bottomfish fishermen who fish from vessels would be required to obtain this permit by the start of the 2008-09 fishing year (i.e., September 1, 2008). There would be a fee for the permits, and while the exact cost of the permit has not been determined at this time, it would be less than $80. Second, the proposed rule would require operators of non-commercial fishing vessels to submit daily Federal logbooks that document bottomfish fishing effort and catch for each fishing trip. The data from these logbooks would be the basis for calculating non-commercial fishing effort and harvest of bottomfish management unit species, bycatch, and interactions with protected species. Third, the proposed rule would implement a closed season from May 1 through August 30, 2008. During this closure, fishing for Deep 7 species would be prohibited in Federal waters. Fishing for bottomfish species other than Deep 7 species would not be prohibited during the closed season. This summer time period was chosen to maximize protection for Deep 7 bottomfish during their spawning season, and to minimize social and economic impacts to fishery participants (other fishing opportunities are available during the summer, e.g., pelagic trolling). Fourth, the proposed rule would also establish an annual total allowable catch
(TAC)for the MHI bottomfish fishery. The TAC would be determined each fishing year using the best available scientific information, commercial and non-commercial fishing data, and other information, and would consider the associated risk of overfishing. NMFS would publish in the **Federal Register** by August 31 the TAC for the upcoming fishing year, and would use other means to notify permit holders of the TAC. When the TAC is reached, or projected to be reached, NMFS would publish a notice in the **Federal Register** and use other means to notify permit holders that the fishery will be closed on a specified date, providing fishermen with two weeks advance notice of the closure. The Council set the TAC for the 2007-08 fishing year (October 2007 through April 2008) at 178,000 lb (80,740 kg) of Deep 7 species. This represents a 24-percent reduction from the 2004 reported commercial fleet-wide catch. When the TAC is reached, all fishing for Deep 7 species will be prohibited in Federal waters around the MHI for the remainder of the fishing year. There is no prohibition on fishing for other bottomfish species throughout the year. Lastly, the proposed rule would implement Federal bottomfish bag limits for non-commercial fishing. Non-commercial fishermen would be allowed to catch, possess, and land as many as five Deep 7 fish combined, per person, per fishing trip in Federal waters. The State of Hawaii also has a similar bag limit for non-commercial fishing. Classification Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Bottomfish FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. Public comment is specifically sought in two areas:
(1)the potential impacts on the regulated public of the vessel identification requirements in 50 CFR 665.16, and
(2)requirements for Federal non-commercial permit holders to report their fishing activity and catch in both Federal and state waters. The Council prepared a final supplemental environmental impact statement
(EIS)for Amendment 14 that discusses the impacts on the environment as a result of this proposed rule. The direct, indirect, short-term, long-term, and cumulative impacts of the proposed action were analyzed. The measures are expected to result in a decrease in fishing effort and this is expected to have a positive impact on the Deep 7 species that are experiencing overfishing. No significant adverse impacts are anticipated on sea turtles, marine mammals, seabirds, Essential Fish Habitat, or Habitat Areas of Particular Concern from either bottomfishing activities or as a result of bottomfishing operations changing to pelagic fishing at times when the bottomfish fishery is closed. The implementation of a TAC as a fishery management measure does have the potential to result in a “race for the fish” and high-grading (discarding less desirable fish for more desirable fish). However, the likelihood of either of these scenarios occurring is expected to be low, and if these do occur, the Council and NMFS could take additional action to prevent adverse impacts. The proposed reporting and permitting requirements for non-commercial fishing would provide more comprehensive information for monitoring and managing the bottomfish fishery. The impact of reduced fishing on non-target fish and bycatch was considered and is not expected to be significant because the measures to end overfishing would also result in a decrease of total catch in both target and non-target fish. Fish mortality due to barotrauma (physical damage to the fish as gases in the gas bladder expand in an uncontrolled manner during rapid ascent) would be reduced through outreach by the Council and NMFS to teach fishermen how to properly resuscitate and release fish. All fish catches would be required to be recorded and counted as part of the TAC, so it is believed that this will help to discourage high-grading. The proposed rule is not expected to have significant adverse economic impacts. The impacts of the seasonal closure and TAC limitations might be mitigated for the commercial fishermen because they can offset their losses through moving to pelagic fishing during the seasonal closures and after the TAC is reached. The EIS analysis recognizes that during the times the MHI fishery is closed, markets will shift to imports to supply bottomfish, and these markets would need to be re-established by local bottomfish fishermen annually. It is believed that these fluctuations can be managed over time. Non-commercial fishermen that are required to stop fishing once TAC is reached would also be able to fish for non-Deep 7 or pelagic species. The proposed rule is not expected to result in significant adverse or disproportionate impacts on fishing communities, native Hawaiians, or on members of minority or low-income groups. Adverse impacts would be spread among all fishery participants, and the measures will benefit the fishery in the long run, and provide a sustainable harvest of bottomfish in the future. Overall, the proposed rule is expected to have positive environmental impacts by ensuring that the bottomfish complex will no longer be subject to overfishing. A copy of the environmental impact statement is available from the Council (see ADDRESSES ). This proposed rule has been determined to be not significant for purposes of Executive Order 12866. An initial regulatory flexibility analysis
(IRFA)(including a supplemental IRFA) was prepared, as required by section 603 of the Regulatory Flexibility Act. The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A description of the action, why it is being considered, and the legal basis for this action are contained at the beginning of this section in the preamble and in the SUMMARY of the preamble. The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities, as follows: A description of the action, why it is being considered, and the legal basis for this action are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of the preamble to this rule. This rule does not duplicate, overlap, or conflict with other Federal rules. There are no reporting, record-keeping, or other compliance requirements for commercial vessels in the proposed rule. There are no disproportionate economic impacts from this rule based on home port, gear type, or relative vessel size. Description and Estimate of the Number of Small Entities to Which the Rule Applies There are approximately 380 vessels engaged in the harvest of bottomfish based on 2000-03 data. The aggregate gross receipts for these vessels in the bottomfish fishery were $1.47 M with average gross receipts per vessel of $3,870 annually. All vessels are considered to be small entities under the Small Business Administration definition of a small entity, i.e., they are engaged in the business of fish harvesting, are not independently-owned or operated, are not dominant in its field of operation, and have annual gross receipts not in excess of $4 million. Therefore, there are no disproportionate economic impacts between large and small entities. Description of Alternatives Alternative 1: No Action Alternative 1 is to take no Federal action; that is, no Federal management measures would be recommended by the Council for approval and implementation at this time. Under this alternative, overfishing in the bottomfish fishery in the Hawaiian Archipelago would continue. This alternative would allow continued open access for entry into the MHI fishery. MHI commercial fishermen would be required to submit catch reports but non-commercial fishermen would not be required to submit catch reports, so the non-commercial catch component of the total harvest would remain unknown. Alternative 2: May - September Seasonal Closure Under Alternative 2, an annual summer closure would be implemented from May 1 to September 30 for the entire MHI bottomfish fishery (both commercial and non-commercial vessels). Targeting, possessing, landing, or selling Deep 7 species caught in the MHI would be prohibited during the closed season. The NWHI bottomfish fishery would remain open until it is phased out in 2011. Bottomfish imports and NWHI bottomfish would be exempt from the prohibition. All vessel operators (both commercial and non-commercial) targeting bottomfish in the MHI would be required to register their vessels on an annual basis and would be required to complete and submit reports of their catch, fishing effort, and area fished. In addition, each vessel would be required to be marked on an unobstructed upper surface with its registration number. Implementing this seasonal closure for both the commercial and non-commercial fishery, based on mean monthly landings, would result in an approximate 25 percent reduction of fishing mortality, however, parallel State regulations would be needed for this alternative to be feasible and effective. Based on mean monthly landings (1998-2004), a May through September closed period, would meet the current 24 percent target reduction, if significant temporal redistribution of fishing effort does not occur. During the open season the non-commercial component would have to adhere to the existing State non-commercial bag limit of five ehu and/or onaga per trip per person, however, this limit may be changed and/or other species may be added. Alternative 3: Fleet wide TAC Alternative 3 would implement a Fleet wide (i.e. combined commercial and non-commercial) TAC designed to result end overfishing. Under this alternative commercial and non-commercial catches would be reported within a specified time limit (as close to 'real time' as is feasible) and a regulatory mechanism would be put into place to close the fishery for the remainder of the fishing year when the combined TAC is reached. The fishing year would begin October 1. The TAC would initially be set at 178,000 pounds of the Deep 7 species (all species combined), representing a 24 percent reduction from the 2004 Fleet wide reported MHI bottomfish catch of these species and would be applied to the MHI commercial Deep 7 bottomfish fishery. Bottomfish fishing would be allowed each fishing year until the TAC was reached, and thereafter no fishing for Deep 7 bottomfish (commercial or non-commercial) would be permitted in the MHI. The TAC would be anticipated to be revised by NMFS in subsequent years based on future stock conditions. Alternative 4: Commercial TAC and Non-commercial Bag Limit Alternative 4 would implement a TAC for the commercial fishery only and close that sector when the TAC is reached. The bottomfish fishing year would start on October 1 which makes it more likely the fishery will be open during the important holiday periods and continue until the TAC was reached. The non-commercial sector would have to adhere to the existing State non-commercial bag limit of 5 ehu and/or onaga per trip per person, however, this limit may be changed and/or other species may be added by the State. The TAC would initially be set at 178,000 pounds of the Deep 7 species (all species combined), representing a 24 percent reduction from the 2004 Fleet wide reported MHI bottomfish catch of these species (Moffitt et al. 2006) and would be applied to the MHI commercial Deep 7 bottomfish fishery. Bottomfish fishing would be allowed each fishing year until the TAC was reached, and thereafter no fishing for Deep 7 bottomfish (commercial or non-commercial) would be permitted in the MHI. The TAC would be anticipated to be revised by NMFS in subsequent years based on future stock conditions. Alternative 5: TAC with Limited Access and Non-commercial Bag Limit Alternative 5 would implement a commercial TAC in combination with a limited access program for the commercial sector. A limited access system will simplify the determination and monitoring of individual quotas by limiting the number of participants. Only those with limited access permits would be allowed to fish commercially for the Deep 7 bottomfish in the MHI. Each limited access vessel would be required to stop fishing when the TAC was reached. The limited access system would allocate a certain number of permits based on criteria related to past participation in the fishery. The non-commercial catch component would be limited by maintaining the State's existing bag limit but possibly would include other species. The fishing year would begin October 1. The TAC would initially be set at 178,000 pounds of the Deep 7 species (all species combined), representing a 24 percent reduction from the 2004 Fleet wide reported MHI bottomfish catch of these species (Moffitt et al. 2006) and would be applied to the MHI commercial Deep 7 bottomfish fishery. Bottomfish fishing would be allowed each fishing year until the TAC was reached, and thereafter no fishing for Deep 7 bottomfish (commercial or non-commercial) would be permitted in the MHI. The TAC would be anticipated to be revised by NMFS in subsequent years based on future stock conditions. Alternative 6: Commercial IFQs and Non-commercial Bag Limit Alternative 6 would allocate individual fishing quotas
(IFQs)to all commercial fishermen (open access), whereby each fisherman is required to stop fishing for the reminder of the fishing year when their individual quota was reached. The sum of quotas would be calculated to meet the necessary fishing mortality reduction. In a sense this alternative is also management using a TAC, however, the TAC is subdivided into individual quotas. The number of fishermen would likely be limited to past participants in the fishery and quota amounts would likely be determined based on individual historical catches. Once a commercial fisherman had landed his respective IFQ, that person would not be permitted to fish for, possess, or sell any bottomfish until the following year. The non-commercial component would have to adhere to the existing State non-commercial bag limit of 5 ehu and/or onaga per trip per person, however, this limit may be changed and/or other species may be added by the State. The sum of the IFQs would initially be set at 178,000 pounds of the Deep 7 species (all species combined), representing a 24 percent reduction from the 2004 Fleet wide reported MHI bottomfish catch of these species (Moffitt *et al.* , 2006). The sum of the IFQs would be anticipated to be revised by NMFS in subsequent years based on future stock conditions. Each MHI commercial bottomfish participant with an IFQ would be issued a set of bottomfish stamps, with each stamp representing a certain number of pounds of bottomfish and all the stamps totaling the fisherman's total IFQ. The fisherman would be required to submit a stamp to the dealer at the point of sale. Once all the stamps were submitted the fisherman would be prohibited from fishing until the next open season. The fisherman's bottomfish stamps would be non-transferable. Under this alternative, commercial fishermen would be required to continue reporting their catches and to stop fishing when their individual quota was reached. Fishery data would be analyzed in real time to monitor landings versus quotas. Alternative 7: Phased-in TAC Management (Preferred) Under Alternative 7, the MHI Deep 7 bottomfish fishery would ultimately be managed under a TAC which would be based on, and applied to, both commercial and non-commercial catches combined. Alternative 7 would utilize a phased-in approach. Phase 1 was to consist of a May-September 2007, seasonal closure of waters around the MHI to both commercial and non-commercial fishing for the Deep 7 species, and this closed period is currently in effect. The 2007 seasonal closure has already been analyzed and implemented for Federal waters by NMFS (72 FR 27065; May 14, 2007) and by the Hawaii DLNR for State waters and is, therefore, not part of the action analyzed in this document. A commercial Deep 7 TAC of 178,000 lb (80,740 kg, a 24- percent reduction of MHI commercial Deep 7 catches as compared to 2004) would be implemented. Tracking of commercial landings towards this TAC has begun with the reopening of the fishery on October 1, 2007. During the open period, non-commercial catches would continue to be managed by bag limits, however they would be changed from the current five onaga and/or ehu combined per person per trip, to five of any Deep 7 species combined per person per trip and they would be extended into Federal waters via Federal rulemaking under the Council process to ease enforcement. Once commercial Deep 7 landings reached the TAC, both the commercial and non-commercial sectors would be closed. There would be a Federal permit requirement for all non-commercial fishermen who catch BMUS in the MHI. The operator of a vessel would be responsible for reporting landings of each trip taken. This would provide NMFS with the data needed to calculate and track a non-commercial portion of the overall TAC. A second seasonal closure to MHI Deep 7 fishing would be implemented from May August 2008, followed by implementation of a combined commercial and non-commercial Deep 7 TAC beginning September 1, 2008. The non-commercial bag limits would be dropped for the 2008 fishery. However, bag limits could be reinstated depending upon the quality of non-commercial catch data provided by fishermen to the State and NMFS so that an appropriate non-commercial TAC may be selected by the Council. In subsequent years (2009 and beyond) the fishing year would begin on September 1 and the MHI Deep 7 fishery would be managed via a commercial and non-commercial TAC calculated by PIFSC to prevent overfishing of these species. Economic Impacts of the Rule Preferred Alternative 7 The preferred alternative has, in part, been implemented under the interim rule (72 FR 27065; May 14, 2007) that required a seasonal closure of the MHI bottomfish fishery from May-September, 2007. The interim rule implemented a reduction in landings of 25.3 percent from the biological base year of 2004. The biological marker to stop overfishing in the 2007 fishery required that landings be reduced by at least 24 percent from the 2004 base year. The TAC of 178,000 pounds beginning on October 1,2007 and ending on September 1, 2008 could actually represent a slight increase in economic benefits to individual vessels since the 2007 closure is expected to yield an estimated 25.3 percent reduction from 2004 landings, and the TAC would yield only an estimated 24 percent reduction in revenues assuming that actual prices remained constant between 2004 and 2008 fisheries. This would translate to the possibility of an estimated 5 percent increase in harvest and resulting revenues for the 2008 fishery (October 1, 2007 - September 1, 2008) from the prior year. Implementation of the TAC could lead to an increased reliance on NWHI bottomfish until this fishery is closed in 2011 and on increased imports of bottomfish. An increased reliance on imported bottomfish would be anticipated to have negative impacts on the entire commercial fishery sector as market channels for fresh MHI bottomfish would be lost and have to be regained each year. Commercial fishery participants may be differentially impacted depending on their ability and willingness to “race to the fish” and some may upgrade their vessels (e.g., buy larger vessels or more powerful engines for existing vessels) or fish during adverse weather in order to achieve high catches before the TAC is reached. These responses would be anticipated to result in over-capitalization (i.e., otherwise unnecessary investments to upgrade vessels) of the fishery and threats to the safety of fishery participants. However, given that bottomfish fishing currently occurs without incident throughout the year it is believed that existing participants are aware of and able to deal with all types of weather and sea conditions. The seasonal closure in 2008 most likely would have little or no impact on landings since the 2008 TAC of 178,000 lb (80,740 kg) should be caught prior to the low demand and historically low supply months of May through August. The future requirement to merge landings by the non-commercial sector with the commercial sector in determining annual harvest could have a substantially adverse economic impact to commercial vessels. This would result from the impact of a unique quota that at this time is given only to commercial vessels but would eventually be shared by both non-commercial and commercial fisheries. Future quotas that would be implemented to prevent overfishing could translate into a reduction in availability of fish to the commercial sector determined exactly by an increase in fish available to the non-commercial sector. Considering that for 2007-08 the non-commercial harvest would not be counted as part of the TAC, the initial merging of non-commercial and commercial sector landings under one TAC, which is scheduled to be implemented in Sept, 2008 could result in large economic losses to the vessels comprising the commercial fleet. For example, if it is determined that the non-commercial sector could take 50 percent of the quota, the existing commercial TAC would be reduced by a defacto 50 percent; if the non-commercial sector could take 30 percent of the quota, the commercial quota would be reduced by a defacto 30 percent, and so on. Economic losses to the commercial sector could be mitigated somewhat by increases to available harvest from improvements to the bottomfish stock and economic benefits derived from other fisheries or other uses of fishing vessels (opportunity costs), to the extent they exist. Given that there could be sizable adverse economic impacts to the commercial fishery resulting from one TAC for commercial and non-commercial sectors, NMFS will complete a Regulatory Flexibility Analysis to determine the economic impacts to commercial vessels when non-commercial landings are estimated and the September 1, 2008-August 31, 2009 TAC is specified. Additionally, by the time the TAC is specified, NMFS should l have information on the State of Hawaii's intentions regarding their bag limit. Since the universe of affected entities under does not include non-commercial fishers, economic impacts to this group are not considered under this supplemental IRFA. However, those impacts were analyzed by the Council as part of the Regulatory Impact Review to assess regional and national economic impacts. Impacts of Other Alternatives In the short term, the no-action alternative would yield substantial economic benefits to individual vessels since they have been fishing under the 2007 seasonal closure which would be lifted, thus, allowing for a 32 percent increase over 2007 anticipated landings. However, if the overfishing of bottomfish in Hawaii is allowed to continue, the potential is high for reaching an “overfished” state in the bottomfish fishery, which would require a rebuilding plan under which limited or no bottomfish fishing would be allowed for an extended period of time. An overfished and closed fishery would likely result in unquantifiable economic losses to all bottomfish fishermen, associated businesses, and local fish markets and restaurants. Over time, some of these losses may be stemmed as fishers switch to other fisheries, and fish markets and restaurants secure other sources of fish such as imports and catch from the NWHI. For alternative 2, based on historical MHI landings, it is estimated that a May through September closure of the MHI Deep 7 bottomfish fishery would result in up to a 25.3 percent reduction in commercial landings of the Deep 7 species as compared to the 2004 baseline identical to the 2007-2008 fishery under the interim closure. Although fishery participants may increase their fishing during the open season, given that summer months have historically been a time of lower bottomfish fishing activity significant increases in effort during the open season are unlikely. The summer closure reduces the availability of “high end” fresh bottomfish to the local markets leading to an increased reliance on imported bottomfish during the closed season. This could have negative impacts on the entire commercial fishery sector because market channels for fresh MHI Deep 7 bottomfish would be lost and may have to be regained each year. Under alternative 3, the requirement to count both commercial and non-commercial harvest toward a future TAC could yield substantially adverse economic impact to individual vessels as discussed above for the preferred alternative. If the TAC is reached, these alternatives could lead to an increased reliance on NWHI bottomfish until this fishery is closed in 2011 and on increased imports of bottomfish. An increased reliance on imported bottomfish would be anticipated to have negative impacts on the entire commercial fishery sector as market channels for fresh MHI bottomfish would be lost and have to be regained each year. Commercial fishery participants may be differentially impacted depending on their ability and willingness to “race to the fish” and some may upgrade their vessels (e.g., buy larger vessels or more powerful engines for existing vessels) or fish during adverse weather in order to achieve high catches before the TAC is reached. These responses would be anticipated to result in over-capitalization (i.e., otherwise unnecessary investments to upgrade vessels) of the fishery and threats to the safety of fishery participants. The relative importance of MHI Deep 7 species to commercial participants as a percentage of overall fishing (or household) income is unknown as the total suite of fishing (or other income generating) activities undertaken by individual operations across the year have not been examined to date. Alternatives 4 through 6 contemplate a TAC with non-commercial bag limits managed by the State of Hawaii. The impact of these alternatives would be similar to the impact of the preferred alternative for the 2007-2008 fishery prior to a co-mingling of the commercial and non-commercial harvest. However, alternatives 5 and 6 which introduce limited access and IFQs, respectively, could mitigate problems associated with common property resources as discussed above for alternative 3. Ceasing of Business Operations As discussed above, the co-mingling of commercial and non-commercial harvest to be measured against one TAC for the entire fishery could result in substantial economic loss to commercial fishers. This could conceivably cause some vessels to cease business operations. To address this, NMFS will complete a new RFA prior to implementation of the 2008-2009 TAC. This proposed rule contains collection-of-information requirements subject to review and approval by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act (PRA). These requirements (permit requirements under OMB No. 0648 0490, and data collection requirements under OMB No. 0648-0214) have been submitted to OMB for approval. The proposed rule would require that all non-commercial, i.e., recreational and subsistence, fishermen who for any bottomfish management unit in Federal waters around Hawaii to obtain permits. Permit eligibility would not be restricted in any way, and permits would be renewable on an annual basis. NMFS anticipates that initial permit applications would require 0.5 hours per applicant, with renewals requiring an additional 0.5 hours annually. NMFS estimates that it may receive and process up to 800-5,000 permit applications each year. Thus, the total collection-of-information burden to fishermen for permit applications is estimated at 400-2,500 hours per year. The cost for Federal permits has not been determined but would represent only the administrative cost and is anticipated to be less than $80 per permit. The proposed rule would also require either the vessel operator or the vessel owner to submit a catch report for every trip. The estimated time required for completing Federal catch reports is approximately 20 minutes per vessel per fishing trip. Only one logbook report per trip is required and, estimating that 800 to 1,800 vessels would make 10 to 50 trips per year and average 1 day per trip, the program would generate in the range of 8,000 to 90,000 daily fishing logbooks per year. Thus, the total collection-of-information burden estimate for fishing data reporting would be 2,664 to 29,970 hours per year. Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to William L. Robinson (see ADDRESSES ), and by email to *David_Rostker@omb.eop.gov* or by fax to 202-395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects in 50 CFR Part 665 Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands, Reporting and recordkeeping requirements. Dated: January 28, 2008. John Oliver, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is proposed to be amended as follows: PART 665—FISHERIES IN THE WESTERN PACIFIC l. The authority citation for part 665 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In subpart A, add a new § 665.4 to read as follows: § 665.4 Licensing and registration. Any person who is required to do so by applicable state law or regulation must comply with licensing and registration requirements in the exact manner required by applicable state law or regulation. 3. In § 665.12, revise the definitions of “Commercial fishing”, “Fishing year”, and “Trap”, and add the definitions for “Hawaii Restricted Bottomfish Species Fishing Year 2007-08”, “Hawaii Restricted Bottomfish Species Fishing Year 2008-09 and After”, “Main Hawaiian Islands non-commercial bottomfish permit”, and “Non-commercial fishing”, in alphabetical order to read as follows: § 665.12 Definitions. *Commercial fishing* means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade. All lobster fishing in Crustaceans Permit Area 1 is considered commercial fishing. *Fishing year* means the year beginning at 0001 local time on January 1 and ending at 2400 local time on December 31, with the exception of fishing for Hawaii Restricted Bottomfish Species. *Hawaii restricted bottomfish species fishing year 2007-08* means the year beginning at 0001 HST on October 1, 2007, and ending at 2400 HST on April 30, 2008. *Hawaii restricted bottomfish species fishing year 2008-09 and After* means the year beginning at 0001 HST on September 1 and ending at 2400 HST on August 31 of the next calendar year. *Main Hawaiian Islands Non-Commercial Bottomfish Fishing Permit* means the permit required by § 665.61(a)(4) to own or fish from a vessel that is used in any non-commercial vessel-based fishing, landing, or transshipment of any bottomfish management unit species in the Main Hawaiian Islands Management Subarea. If any fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade, by any participants on a vessel-based fishing trip under this section, the entire trip is considered to be a commercial trip. *Non-commercial fishing* means fishing that does not meet the definition of commercial fishing. *Trap* means a box-like device used for catching and holding lobsters or fish. 4. In § 665.13, revise paragraph (g)(2) to read as follows: § 665.13 Permits and fees.
(g)* * *
(2)Permits issued under subpart E of this part expire at 2400 HST on December 31 with the exception of Main Hawaiian Islands Non-Commercial Bottomfish Fishing Permits, which expire at 2400 HST on August 31. 5. In § 665.14, revise paragraph
(a)to read as follows: § 665.14 Reporting and recordkeeping.
(a)*Fishing record forms.*
(1)*Applicability.* The operator of any fishing vessel subject to the requirements of §§ 665.21, 665.41, 665.61(a)(2), 665.61(a)(3), 665.61(a)(4), 665.81, or 665.602 must maintain on board the vessel an accurate and complete record of catch, effort, and other data on paper report forms provided by the Regional Administrator, or electronically as specified and approved by the Regional Administrator. All information specified by the Regional Administrator must be recorded on paper or electronically within 24 hours after the completion of each fishing day. The logbook information, reported on paper or electronically, for each day of the fishing trip must be signed and dated or otherwise authenticated by the vessel operator in the manner determined by the Regional Administrator, and be submitted or transmitted via an approved method as specified by the Regional Administrator, and as required by this paragraph (a).
(2)*Timeliness of submission.*
(i)If fishing was authorized under a permit pursuant to §§ 665.21, 665.41, 665.61(a)(3), 665.61(a)(4), or 665.81, the original logbook form for each day of the fishing trip must be submitted to the Regional Administrator within 72 hours of the end of each fishing trip, except as allowed in paragraphs
(ii)and
(iii)of this section.
(ii)If fishing was authorized under a PRIA bottomfish permit pursuant to § 665.61(a)(2), PRIA pelagic troll and handline permit pursuant to § 665.21(f), crustaceans fishing permit for the PRIA (Permit Area 4) pursuant to § 665.41, or a precious corals fishing permit for Permit Area X-P-PI pursuant to § 665.81, the original logbook form for each day of fishing within the PRIA EEZ waters must be submitted to the Regional Administrator within 30 days of the end of each fishing trip.
(iii)If fishing was authorized under a permit pursuant to § 665.602, the original logbook information for each day of fishing must be submitted to the Regional Administrator within 30 days of the end of each fishing trip. 6. In § 665.61, revise paragraphs (a)(1) though (a)(4) to read as follows: § 665.61 Bottomfish.
(a)*Applicability.*
(1)*Northwestern Hawaiian Islands (NWHI).* The owner of any vessel used to fish for, land, or transship bottomfish management unit species shoreward of the outer boundary of the Northwestern Hawaiian Islands subarea must have a permit issued under this section, and the permit must be registered for use with that vessel. The PIRO will not register a single vessel for use with a Ho'omalu Zone permit and a Mau Zone permit at the same time. Mau Zone permits issued before June 14, 1999, become invalid June 14, 1999, except that a permit issued to a person who submitted a timely application under paragraph
(i)of this section is valid until the permit holder either receives a Mau Zone limited entry permit or until final agency action is taken on the permit holder's application. The Ho'omalu Zone and the Mau Zone limited entry systems described in this section are subject to abolition, modification, or additional effort limitation programs.
(2)*Pacific Remote Island Areas (PRIA).* The owner of any vessel used to fish for, land, or transship bottomfish management unit species shoreward of the outer boundary of the Pacific Remote Island Areas subarea must have a permit issued under this section, and the permit must be registered for use with that vessel.
(3)*Guam large vessel.* The owner of any large vessel used to fish for, land, or transship bottomfish management unit species shoreward of the outer boundary of the Guam subarea must have a permit issued under this section, and the permit must be registered for use with that vessel.
(4)*Main Hawaiian Islands non-commercial.* Any person who participates in non-commercial, vessel-based fishing, landing, or transshipment of bottomfish management unit species in the Main Hawaiian Islands Management Subarea is required to obtain a permit issued under this section or a State of Hawaii Commercial Marine License. If any commercial fishing occurs during or as a result of a vessel-based fishing trip under this section, then the fishing trip is considered commercial and not non-commercial. 7. In § 665.62, add new paragraphs
(j)through (n), as follows: § 665.62 Prohibitions.
(j)Falsify or fail to make or file reports of all fishing activities shoreward of outer boundary of the Main Hawaiian Islands Management Subarea, in violation of §§ 665.3 or 665.14(a).
(k)Own a vessel or fish from a vessel, that is used to fish non-commercially for any bottomfish management unit species in the Main Hawaiian Islands Management Subarea without either a Main Hawaiian Islands non-commercial bottomfish permit or a State of Hawaii Commercial Marine License, in violation of §§ 665.4 or 665.61(a)(4).
(l)Fish for or possess any Hawaii Restricted Bottomfish Species as specified in § 665.71, in the Main Hawaiian Islands Management Subarea after a closure of the fishery, in violation of §§ 665.72 or 665.73.
(m)Sell or offer for sale any Hawaii Restricted Bottomfish Species, as specified in § 665.71, after a closure of the fishery, in violation of §§ 665.72 or 665.73.
(n)Use a vessel to harvest, retain, or land more than a total of five fish (all species combined) identified as Hawaii Restricted Bottomfish Species in § 665.71 by any individual participating in a vessel-based non-commercial fishing trip in the Main Hawaiian Islands Management Subarea in violation of § 665.74. 8. In subpart E, add a new § 665.71 to read as follows: § 665.71 Hawaii restricted bottomfish species. Hawaii restricted bottomfish species means the following species: Common Name Common Name Scientific Name Silver jaw jobfish Lehi *Aphareus rutilans* Squirrelfish snapper Ehu *Etelis carbunculus* Longtail snapper Onaga *Etelis coruscans* Pink snapper Opakapaka *Pristipomoides filamentosus* Snapper Kalekale *Pristipomoides sieboldii* Snapper Gindai *Pristipomoides zonatus* Sea bass Hapu'upu'u *Epinephelus quernus* 9. In subpart E, add a new § 665.72 to read as follows: § 665.72 Total Allowable Catch
(TAC)limit.
(a)TAC limits will be set annually for the fishing year by NMFS, as recommended by the Council, based on the best available scientific, commercial, and other information, and taking into account the associated risk of overfishing.
(b)The Regional Administrator shall publish a notice indicating the annual Total Allowable Catch limit in the **Federal Register** by August 31 of each year, and shall use other means to notify permit holders of the TAC limit for the year.
(c)When the TAC limit specified in this section is reached, or projected to be reached based on analyses of available information, the Regional Administrator shall publish a notice to that effect in the **Federal Register** and shall use other means to notify permit holders. The notice will include an advisement that the fishery will be closed beginning at a specified date, which is not earlier than 14 days after the date of filing the closure notice for public inspection at the Office of the **Federal Register** , until the end of the fishing year in which the TAC is reached.
(d)On and after the date specified in § 665.72(c), no person may fish for or possess any Hawaii Restricted Bottomfish Species, as specified in § 665.71, in the Main Hawaiian Islands Management Subarea, except as otherwise allowed by law.
(e)On and after the date specified in § 665.72(c), Hawaii Restricted Bottomfish Species, as specified in § 665.71, harvested from the Main Hawaiian Islands Management Subarea, may not be harvested commercially.
(f)The Hawaii restricted bottomfish species TAC limit for the 2007-08 fishing year is 178,000 lb (80,740 kg). 10. In subpart E, add a new § 665.73 to read as follows: § 665.73 Closed seasons.
(a)All fishing for, or possession of, any Hawaii Restricted Bottomfish Species as specified in § 665.71, is prohibited in the Main Hawaiian Islands Management Subarea during May 1, 2008, through August 31, 2008, inclusive. All such species possessed in the Main Hawaiian Islands Management Subarea are presumed to have been taken and retained from that Subarea, unless otherwise demonstrated by the person in possession of those species.
(b)Hawaii Restricted Bottomfish Species, as specified in § 665.71, may not be sold or offered for sale during May 1, 2008, through August 31, 2008, inclusive, except as otherwise authorized by law.
(c)Fishing for, and the resultant possession or sale of, Hawaii Restricted Bottomfish Species by vessels legally registered to Mau Zone, Ho'omalu Zone, or PRIA bottomfish fishing permits and conducted in compliance with all other laws and regulations, is exempted from paragraphs
(a)and
(b)of this section. 11. Under subpart E, add a new § 665.74 to read as follows: § 665.74 Non-commercial bag limits. No more than a total of five fish of all species combined, identified as Hawaii Restricted Bottomfish Species as specified in § 665.71, may be harvested, possessed, or landed by any individual participating in a vessel-based non-commercial fishing trip in the Main Hawaiian Islands Management Subarea. [FR Doc. E8-1900 Filed 1-31-08; 8:45 am] BILLING CODE 3510-22-S 73 22 Friday, February 1, 2008 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request January 28, 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. Food and Nutrition Service *Title:* WIC Breastfeeding Peer Counseling Study. *OMB Control Number:* 0584-NEW. *Summary of Collection:* The Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)was designed to improve the health of nutritionally at-risk, low-income pregnant, breastfeeding, and postpartum women, infants, and children up to five years of age. The program provides supplemental foods that are rich in nutrients known to be lacking in the target population; health and social service referrals; and nutrition education, including information about breastfeeding. Current recommendations of the American Academy of Pediatrics, the American Dietetic Association, the World Health Organization, and the U.S. government's Healthy People 2010 goals call for increases in the proportion of U.S. mothers who breastfeed their babies. WIC encourages breastfeeding as the best source of infant nutrition, and is working to meet the 2010 goals and improve the breastfeeding rates of WIC women relative to non-WIC participants. *Need and Use of the Information:* The Food and Nutrition Service
(FNS)will use an on-line survey to collect data from 86 State WIC agencies receiving FNS peer counseling grants on the implementation of the *Loving Support* peer counseling program. Results of the study will be used to:
(1)capture and disseminate information on implementing peer counseling programs using the Loving Support model, including lessons learned and successful approaches used by State agencies;
(2)assess the additional technical and training needs of State agencies; and
(3)provide information to FNS and other Stakeholders on how State agencies are using the peer counseling funding. Without this effort, FNS will not have the comprehensive, systematic description of the implementation of the *Loving Support* peer counseling program required to inform the future program decisions including expenditures of peer counseling funds. *Description of Respondents:* State, Local, or Tribal Government. *Number of Respondents:* 618. *Frequency Of Responses:* Reporting: Other (one time). *Total Burden Hours:* 461. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E8-1822 Filed 1-31-08; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Forest Service Klamath National Forest, CA; Thom-Seider Vegetation Management and Fuel Reduction Project AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: Land managers propose the Thom-Seider Vegetation Management and Fuel Reduction Project to reduce fuel hazard and restore forest health on Klamath National Forest System lands. The project area is situated on both sides of the Klamath River between Hamburg and Happy Camp, California. Thinning and understory burning (underburning) is proposed for approximately 30,000 acres of strategic areas selected for their location, topography, stand structure, density, age and condition. The project is intended to reduce the potential for high-severity wildland fires to harm people, private and public land, and older forest habitats. DATES: Comments postmarked or received by March 7, 2008 are assured of being considered in the environmental analysis. The Draft Environmental Impact Statement is expected to be published Summer 2008 and the Final Environmental Impact Statement is scheduled for Winter 2009. ADDRESSES: *Address Comments to:* Happy Camp and Oak Knoll Districts Ranger, Attn: Thom-Seider Project, Klamath National Forest, 63822 Highway 96, PO Box 377, Happy Camp, California 96039. You may also send electronic comments to the project e-mail box: *comments-pacificsouthwest-klamath-happy-camp@fs.fed.us* . FOR FURTHER INFORMATION CONTACT: Please contact District Ranger Donald M Hall or Interdisciplinary Team Leader Rochelle Desser if you have questions, concerns or suggestions relating to this proposal. You may contact Don at Happy Camp Ranger District Office at 530-493-1723 or at *donaldhall@fs.fed.us* . Rochelle is available by phone at 531-596-2453 or at *rdesser@fs.fed.us* . SUPPLEMENTARY INFORMATION: Purpose and Need for Action The Thom-Seider project area contains an overabundance of early- and mid-successional stands that provide limited habitat for species dependent on older forests. Many of these stands are not structurally diverse and are overdense. In some cases, remnant large older trees in the stands have lost vitality due to competition for light and water from the dense understory. In the event of a wildland fire, these dense early- and mid-successional forests are more susceptible to stand replacement fire because of their continuous crowns and the presence of ladder fuels. Actions to help early to mid successional stands develop old growth characteristics and be less vulnerable to damaging wildland fire include reducing stand density and ground and ladder fuels, and prescribed fire. These actions would also help maintain the older trees currently living in the stand. The project area is on both sides of the Klamath River and includes river communities such as Hamburg, Seiad Valley, and Happy Camp. The areas that interface between private land and National Forest System lands are a high priority for fuels reduction. Fuels reduction is also important along roads that provide evacuation routes or can be used as fuel breaks in the event of a fire. Action is needed to reduce tree density and forest competition; reduce ladder fuels that lead to canopy fires; reduce crown fire potential, improve wildlife habitat; and improve probability that early to mid-successional stands will develop into old growth. These actions are particularly important in Late-Successional Reserves established for development of older forest habitats, and in the Wildland Urban Interface
(WUI)where the National Forest abuts private property and communities. Management Direction The project area includes late-successional reserves, riparian reserves, a wild and scenic river, and roadless areas. Plans, policies and regulations that provide management direction for this project include (not limited to): the Klamath National Forest Land and Resource Management Plan of 1995; the Section 7(a)(1) of the Endangered Species Act; the Healthy Forest Restoration Act; the National Fire Plan; the Roadless Rule of 2001; the Clean Water Act; and the Clean Air Act. This project is authorized under section 102 of the Healthy Forest Restoration Act of 2003 because it would provide “enhanced protection from catastrophic wildland fire” for the habitat of a threatened species, the northern spotted owl; and a candidate species, the Pacific fisher. Commercial thinning is an allowable exception under Section 294.13(b) of the 2001 Roadless Rule because it involves removal of timber to improve threatened species habitat, it would maintain and restore ecosystem composition and structure, and it would reduce the hazard of uncharacteristic wildland fire effects. The project is designed to be consistent with all applicable policies and plans. The type of thinning proposed follows Late-Successional Reserve Assessment and Watershed Analysis recommendations. Riparian reserves would be treated where needed to meet Aquatic Conservation Strategy objectives. Proposed Action The Proposed Action includes about 22,000 acres of underburning; 2,450 acres of variable density thinning (includes commercial and non-commercial), 2,700 acres of roadside fuels treatment, and 6,150 acres of understory thinning around private properties. Underburning refers to a range of prescribed burning activities including hand piling, burning small concentrations of debris and slash (jackpot) and low intensity burning under a forest canopy. Approximately 22,000 acres of underburning is proposed. Non-commercial thinning small trees and brush would occur within the underburns as needed to promote effective fuel consumption. Underburning reduces both natural and activity fuel loading, consumes the build up of forest debris and litter, promotes the growth of browse species, encourages grass and forbs, and thins out smaller shade tolerant trees (ladder fuels), thus reducing fire behavior and negative effects from wildland fire. In some cases, small jackpots of trees are consumed to provide a break in the canopy. Burning operations would be accomplished to follow a prescribed burn plan that meets land management objectives and public concerns. A burn and smoke management plan would be implemented to minimize the effects of smoke on adjacent communities and the public. Variable Density Thinning includes commercial and non-commercial thinning that reduces forest competition and increases diversity in early- to mid-successional forests. It also is intended to increase the longevity of larger, older trees in the stands. Thinning is proposed for the smallest trees in the stand, around individual large trees and in unevenly spaced clumps. Snags would be retained except where there are safety hazards. Approximately 2,450 acres of variable density thinning is proposed. Commercial thinning is proposed in stands that are accessible from the existing road system and are of a size, age, terrain and structure suitable for logging. Within commercial thinning units, trees greater than 8 inches in diameter would be cut, along with the smaller trees and brush. A total of about 1,950 acres of commercial thinning is currently proposed, including about 1,000 acres within Late-Successional Reserves and about 130 acres within the outer portions of Riparian Reserves. Commercial thinning would be accessed by a combination of the existing road network and helicopters. Approximately 2.6 miles of temporary road in 12 segments located throughout the project area are proposed to more efficiently remove thinned logs. The land used for temporary roads would be rehabilitated after the project was completed. Logging systems include helicopter and ground based systems. Non-commercial thinning is proposed on about 500 acres, mainly within Late-Successional Reserves. These stands are high priority for thinning because they have overdense understories or excessive ladder fuels; however, the trees are smaller than commercial size (8 inches or less in diameter). These areas may be treated as funds become available. Roadside Fuel Treatments are proposed along strategic roads that may provide anchors for fire suppression in the event of a wildland fire or access in the event of an evacuation. Approximately 2,700 acres (about 77 miles of roads) are proposed for roadside fuels treatments. Roadside treatments include thinning and pruning of small understory trees (generally < 10″ diameter at breast height, or DBH) and brush with chainsaws along forest roads. The treatment would be on both sides of the roads, generally within 250 feet above roads and 150 feet below roads. Treatment areas along the roads include plantations and natural stands of varying ages and structures. Trees less than 6 inches DBH would generally be left at a spacing of 15 to 20 feet apart, and larger diameter conifers (7″ to 12″ DBH) and most hardwoods would be left 20 to 25 feet apart. The slash created will be hand piled and burned, converted to chips, processed with a masticator if accessible from an existing road, or removed from the site as firewood or other forest products. In areas where fuels objectives cannot be met because there is an excess amount of dead material on the ground, some of this material may also be burned or removed from the site. In addition, incidental larger hazard trees would be felled, if deemed hazards to the crews working on the project. The hazard trees would be felled and left in place, or removed to disposal sites on or adjacent to roads. The proposed treatments will reduce ladder and ground fuels, providing for reduced fire intensity, rate of spread, and flame lengths in the event of a wildland fire. After the project is completed, the roads will be passable for emergency vehicles during a wildland fire. Treatments are also designed so that the roads could be used as effective fire lines under moderate wildland fire conditions. Fire suppression activities will be safer and more successful in areas that receive this treatment. The project areas that are adjacent to roads are in a particularly hazardous condition because the road openings allow growing space and additional sunlight to the vegetation, and the bare mineral soil on the road banks makes an excellent bed for thick regeneration. These conditions stimulate the growth of a tree and brush thicket along roads, and larger vegetation often can maintain limbs near ground level with out being shaded out. Understory Thinning Around Private Land Boundaries is proposed where landowners are willing to perform non-commercial fuels reduction (thinning, brushing and hand piling) on a strip of Forest land 500 feet wide adjacent to their property. Approximately 6,000 acres of private land boundary understory treatments are proposed. The proposed treatment is intended to reduce existing ladder and ground fuels to provide for low intensity fire behavior. These zones create corridors in which the fire hazard is reduced to allow firefighters relatively safe access for wildland fire suppression activities and to allow for increased options during wildland fire suppression activities to reduce fire severity. Lead and Cooperating Agencies The Forest Services is the lead agency. Representatives from the Fish and Wildlife Service and NOAA Fisheries are core members of the Interdisciplinary Team. Responsible Official The Responsible Official for this project is the Forest Supervisor for the Klamath National Forest, 1312 Fairlane Road, Yreka, California 96097. Scoping Process This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. The public is encouraged to take part in the process and visit with Forest Service and Fish and Wildlife officials at any time during the analysis and prior to the decision. The Forest Service will be seeking information, comments and assistance from Federal, State, and local agencies and other individuals or organizations that may be interested in, or affected by, the proposed thinning and underburning project. Three public scoping meetings have been scheduled for February 11, 12 and 13, 2008 in Happy Camp, Seiad Valley and Hamburg respectively. Please contact District Ranger Donald Hall (see previous contact info) for details about the meeting. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC* , 435 U.S. 519, 533 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: January 24, 2008. Patricia A. Grantham, Acting Forest Supervisor, Klamath National Forest. [FR Doc. E8-1726 Filed 1-31-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration United States Standards for Beans AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice of reopening of comment period. SUMMARY: We published a notice in the **Federal Register** on April 17, 2007 (72 FR 19169), inviting comments regarding the revision of the U.S. Standards for Beans. The proposed revisions would provide applicants for service with an optional grade designation for bean certification; and remove the requirements that the percentage of high moisture and, for Mixed beans, the percentage of each class in the mixture, be shown on the grade line. The notice provided an opportunity for interested parties to forward written comments to the Grain Inspection, Packers and Stockyards Administration (GIPSA) until May 17, 2007. Due to the continued high level of interest in this notice, we are reopening the comment period to provide interested parties with additional time to comment. DATES: We will consider comments that we receive by April 1, 2008. ADDRESSES: We invite you to submit your comments on the notice. You may submit comments by any of the following methods: • *E-mail:* Send comments via electronic mail to *comments.gipsa@usda.gov.* • *Mail:* Send hardcopy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1633-S, Washington, DC 20250-3604. • *Fax:* Send comments by facsimile transmission to:
(202)690-2173. • *Hand Delivery or Courier:* Deliver comments to: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643-S, Washington, DC 20250-3604. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Instructions:* All comments should make reference to the date and page number of this issue of the **Federal Register** . • *Read Comments:* All comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27 (b)). FOR FURTHER INFORMATION CONTACT: Beverly A. Whalen at USDA, GIPSA, FGIS, Market and Program Analysis Staff, Suite 180, STOP 1404, 6501 Beacon Drive, Kansas City, Missouri, 64133; Telephone
(816)823-4648; Fax Number
(816)823-4644; e-mail *Beverly.A.Whalen@usda.gov.* SUPPLEMENTARY INFORMATION: GIPSA published a notice in the **Federal Register** on April 17, 2007 (72 FR 19169), inviting comments from all interested persons on the proposed revisions to the U.S. Standards for Beans. The proposed revisions would provide applicants for service with an optional grade designation for bean certification and remove the requirements that the percentage of high moisture, and, for Mixed beans, the percentage of each class in the mixture, be shown on the grade line. For ease of reference, we have included in this notice a discussion of the revisions to the U.S. Standards for Beans that are under consideration. Optional Grade Designation and Certification Procedures Currently, inspectors certify beans offered for inspection as a specific quality (U.S. grade), such as U.S. No. 2 Pinto Beans. Certifying a specific grade is commonly referred to as “Option 1” grade designation. This works well most of the time; however, there are exceptions. At times, sellers find when preparing to load beans for shipment that the supply of a particular grade of bean may be insufficient to meet the quality and quantity requirements specified in the sales contract. When this happens, the seller may find it necessary to ship beans of a better quality. However, current inspection procedures do not allow the flexibility to describe or certify superior quality beans as being of a lower quality. If the lot presented for inspection is not uniform in quality for the declared grade, the inspector certifies each portion separately according to quality. That is, if a consignment consists of both U.S. No. 1 and 2 Pinto Beans, current procedure requires that the quantity representing each of the different qualities receive separate certification. Such certification may not meet the terms of sale for the contract. An alternative approach is termed “Option 2” grade designation. When a contract specifies an Option 2 grade designation, the applicant may specifically request Option 2 certification. Under Option 2 certification, there would be no limitation placed on the amount of better quality beans in the lot. When a lot meets or is of better quality than the declared grade, inspectors would include the term “or better” immediately following the numerical or sample grade designation. We would like to offer the Option 2 grade designation and certification approach for beans. Under such an approach, the applicant for inspection can obtain the optional certification procedure by requesting it on the application for inspection. The applicant would file the request for the optional certification prior to the beginning of inspection so the inspector knows how to certify the lot. Beans that are a better quality than that specified by the contract would be certified as a specific grade “or better” (for example, U.S. No. 2, or better, Pinto Beans). We believe that Option 2 grade designation and certification will provide sellers with the flexibility to ship beans of better quality, and provide buyers with the desirable option of receiving better quality. High Moisture Beans The special grade designation “High moisture” is applicable to all classes of beans containing over 18.0 percent moisture and is required to be shown on the grade line of the certificate. We will continue to show the special grade designation “High moisture” on the grade line, when applicable, but propose to list the moisture percentage in the “Results” section of the certificate. This approach is intended to enhance the readability of the certificate. Mixed Dry Beans We also propose to eliminate the requirement that certain grade related information be shown on the grade line of the certificate for the class of Mixed beans. Currently, the U.S. Standards for Beans require a breakdown of the different classes, in order of predominance, be shown on the grade line of the certificate, in addition to the regular grade designation information, when the beans are classed as Mixed beans. Instead of showing this information on the grade line, we propose to enter such information in the “Results” section of the certificate. This approach will not change the grade of the product and will enhance the readability of the certificate. Comments The comment period of 30 days from the date of publication (72 FR 19169) closed on May 17, 2007. Due to continued high level of interest in the April 17, 2007 notice, GIPSA is reopening the comment period to provide interested parties additional time to comment. As a result, the comment period is reopened for a 60 day period. We welcome both comments from interested persons who did not comment during the initial 30 day period, as well as those interested persons who have already commented. Authority: 7 U.S.C. 1621-1627. David R. Shipman, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E8-1819 Filed 1-31-08; 8:45 am] BILLING CODE 3410-KD-P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration United States Standards for Whole Dry Peas, Split Peas, and Lentils AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice of reopening of comment period. SUMMARY: We published a notice in the **Federal Register** on April 17, 2007 (72 FR 19169), inviting comments regarding the revision of the U.S. Standards for Whole Dry Peas, Split Peas, and Lentils. The proposed revisions would provide applicants for service with an optional grade designation for pea and lentil certification and remove the requirement that for Mixed Dry Peas, the percentage of each class in the mixture be shown on the grade line. The notice provided an opportunity for interested parties to forward written comments to the Grain Inspection, Packers and Stockyards Administration (GIPSA) until May 17, 2007. Due to the continued high level of interest in this notice, we are reopening the comment period to provide interested parties with additional time in which to comment. DATES: We will consider comments that we receive by April 1, 2008. ADDRESSES: We invite you to submit your comments on the notice. You may submit comments by any of the following methods: • *E-mail:* Send comments via electronic mail to *comments.gipsa@usda.gov.* • *Mail:* Send hardcopy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1633-S, Washington, DC 20250-3604. • *Fax:* Send comments by facsimile transmission to:
(202)690-2173. • *Hand Delivery or Courier:* Deliver comments to: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643-S, Washington, DC 20250-3604 • *Federal eRulemaking Portal:* Go to *http://www.regulation.gov.* Follow the online instructions for submitting comments. • *Instructions:* All comments should make reference to the date and page number of this issue of the **Federal Register** . • *Read Comments:* All comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27 (b)). FOR FURTHER INFORMATION CONTACT: Beverly A. Whalen at USDA, GIPSA, FGIS, Market and Program Analysis Staff, Suite 180, STOP 1404, 6501 Beacon Drive, Kansas City, Missouri, 64133; Telephone
(816)823-4648; Fax Number
(816)823-4644; e-mail *Beverly.A.Whalen@usda.gov.* SUPPLEMENTARY INFORMATION: GIPSA published a notice in the **Federal Register** on April 17, 2007 (72 FR 19169), inviting comments from all interested persons on the proposed revisions to the U.S. Standards for Whole Dry Peas, Split Peas, and Lentils. The proposed revisions would provide applicants for service with an optional grade designation for pea and lentil certification and remove the requirement for Mixed Dry Peas, the percentage of each class in the mixture be shown on the grade line. For ease of reference, we have included in this notice the discussion of the revisions to the U.S. Standards for Whole Dry Peas, Split Peas, and Lentils that are under consideration. Optional Grade Designation and Certification Procedures Currently, inspectors certify peas and lentils offered for inspection as a specific quality (U.S. grade), such as U.S. No. 2 Smooth Green Dry Peas. Certifying a specific grade is commonly referred to as “Option 1” grade designation. This works well most of the time, however, there are exceptions. At times, sellers find when preparing to load peas or lentils for shipment that the supply of a particular grade of pea or lentil may be insufficient to meet the quality and quantity requirements specified in the sales contract. When this happens, the seller may find it necessary to ship peas or lentils of a better quality. However, current inspection procedures do not allow the flexibility to describe or certify superior quality peas or lentils as being of a lower quality. If the lot presented for inspection is not uniform in quality for the declared grade, the inspector certifies each portion separately according to quality. That is, if a consignment consists of both U.S. No. 1 and 2 Smooth Green Dry Peas, current procedure requires that the quantity representing each of the different qualities receive separate certification. Such certification may not meet the terms of sale for the contract. An alternative approach is termed “Option 2” grade designation. When a contract specifies an Option 2 grade designation, the applicant may specifically request Option 2 certification. Under Option 2 certification, there would be no limitation placed on the amount of better quality peas and lentils in the lot. When a lot meets or is of better quality than the declared grade, inspectors would include the term “or better” immediately following the numerical or sample grade designation. We would like to offer the Option 2 grade designation and certification approach for peas and lentils. Under such an approach, the applicant for inspection can obtain the optional certification procedure by requesting it on the application for inspection. The applicant would file the request for the optional certification prior to the beginning of inspection so the inspector knows how to certify the lot. Peas or lentils that are a better quality than that specified by the contract would be certified as a specific grade “or better;” (for example, U.S. No. 2, or better, Smooth Dry Peas). We believe that Option 2 grade designation and certification will provide sellers with the flexibility to ship peas and lentils of better quality, and provide buyers with the desirable option of receiving better quality. Mixed Whole Dry Peas We also propose to eliminate the requirement that certain grade related information be shown on the grade line of the certificate for the class of Mixed Whole Dry Peas. Currently, the U.S. standards for Whole Dry Peas require a breakdown of the different classes, in order of predominance, be shown on the grade line of the certificate, in addition to the regular grade designation information, when the peas are classed as Mixed peas. Instead of showing this information on the grade line, we propose to enter such information in the “Results” section of the certificate. This approach will not change the grade of the product and will enhance the readability of the certificate. Comments The comment period of 30 days from the date of publication (72 FR 19169) closed on May 17, 2007. Due to continued high level of interest in the April 17, 2007, notice, GIPSA is reopening the comment period to provide interested parties additional time to comment. As a result, the comment period is reopened for a 60 day period. We welcome both comments from interested persons who did not comment during the initial 30 day period, as well as those interested persons who have already commented. Authority: 7 U.S.C. 1621-1627. David R. Shipman, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E8-1820 Filed 1-31-08; 8:45 am] BILLING CODE 3410-KD-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service's
(RUS)an agency delivering the U.S. Department of Agriculture
(USDA)Rural Development Utilities Programs, invites comments on this information collection for which approval from the Office of Management and Budget
(OMB)will be requested. DATES: Comments on this notice must be received by April 1, 2008. FOR FURTHER INFORMATION CONTACT: Michele L. Brooks, Acting Director, Program Development & Regulatory Analysis, Rural Utilities Service, USDA, 1400 Independence Ave., SW., STOP 1522, Room 5168—South Building, Washington, DC 20250-1522. Telephone:
(202)690-1078. Fax:
(202)720-8435. SUPPLEMENTARY INFORMATION: The Office of Management and Budget's
(OMB)regulation (5 CFR part 1320) implanting provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for extension. Comments are invited on
(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 assumption used;
(c)ways to enhance the quality, utility and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques on other forms of information technology. Comments may be sent to: Joyce McNeil, Program Development and Regulatory Analysis, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 5166-South, STOP 1522, Washington, DC 20250-1522. Fax:
(202)720-8435. E-mail: *Joyce.mcneil@wdc.usda.gov.* *Title:* 7 CFR 1726, Electric System Construction Policies and Procedures. *OMB Control Number:* 0572-0107. *Type of Request:* Extension of a previously approved collection. *Abstract:* In order to facilitate the programmatic interest of the Rural Electrification Act of 1936, 7 U.S.C. 901 *et seq.* (RE Act), and, in order to assure that loans made or guaranteed by RUS are adequately secured, RUS, as a secured lender, has established certain standards and specifications for materials, equipment, and construction of electric systems. The use of standard forms, construction contracts, and procurement procedures helps assure RUS that appropriate standards and specification are maintained; RUS' loan security is not adversely affected; and the loan and loan guarantee funds are used effectively and for the intended purposes. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 1.5 minutes per response. *Respondents:* Businesses or other for profits; Not-for-profit institutions. *Estimated Number of Respondents:* 697. *Estimated Number of Responses per Respondent:* 5. *Estimated Total Annual Burden on Respondents:* 71 hours. Copies of this information collection, and related form and instructions, can be obtained from Joyce McNeil, Program Development and Regulatory Analysis, at
(202)720-0812. 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. Dated: January 24, 2008. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E8-1892 Filed 1-31-08; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce
(DOC)will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* Bureau of Economic Analysis (BEA). *Title:* Expenditures Incurred by Recipients of Biomedical Research Awards from the National Institutes of Health (NIH). *OMB Control Number:* None. *Form Number:* None. *Type of Review:* Regular submission. *Burden Hours:* 1,650. *Number of Respondents:* 150. *Average Hours Per Response:* 11. *Needs and Uses:* The survey to obtain the distribution of expenditures incurred by recipients of biomedical research awards from the National Institutes of Health Research
(NIH)will provide information on how the NIH award amounts are expended across several major categories. This information, along with wage and price data from other published sources, will be used to generate the Biomedical Research and Developmental Price Index (BRDPI). The Bureau of Economic Analysis
(BEA)of the Department of Commerce develops this index for the National Institutes of Health
(NIH)under reimbursable contract. The BRDPI is an index of prices paid for the labor, supplies, equipment, and other inputs required to perform the biomedical research the NIH supports in its intramural laboratories and through its awards to extramural organizations. The BRDPI is a vital tool for planning the NIH research budget and analyzing future NIH programs. A survey of award recipient entities is currently the only means for updating the expenditure categories that are used to prepare the BRDPI. *Affected Public:* Business or other for-profit organizations, and not-for-profit institutions. *Frequency:* Annually. *Respondent's Obligations:* Voluntary. *Legal Authority:* 45 CFR Subpart C, Post-Award Requirements, Sections 74.21 and 74.53; 42 U.S.C. 282; Economy Act (31 U.S.C. 1535 and 1536); 15 U.S.C. 1525; and 15 U.S.C. 1527a. *OMB Desk Officer:* Paul Bugg,
(202)395-3093. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Office of the Chief Information Officer, Department of Commerce, Room 6625, 14th Street and Constitution Avenue, NW., Washington DC 20230, or via the Internet at *dHynek@doc.gov* . Send comments on the proposed information collection within 30 days of publication of this notice to Paul Bugg, OMB Desk Officer, via the Internet at *pbugg@omb.eop.gov* or by fax
(202)395-7245. Dated: January 29, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-1831 Filed 1-31-08; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF COMMERCE Economic Development Administration [Docket No.: 080125084-8086-01] Solicitation of Applications for the University Center Economic Development Program AGENCY: Economic Development Administration (EDA), Department of Commerce. ACTION: Notice and request for applications. SUMMARY: EDA is soliciting competitive applications from accredited institutions of higher education and from consortia of accredited institutions of higher education for FY 2008 University Center Economic Development Program funding in the geographic areas served by its Chicago and Philadelphia regional offices. EDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. Institutions of higher education have many assets and in partnership with EDA, they are able to establish and operate University Centers. These EDA-sponsored University Centers conduct applied research, provide technical assistance to public and private sector organizations, and conduct other activities with the goal of enhancing regional economic development by promoting a favorable business environment to attract private capital investment and higher-skill, higher-wage jobs. DATES: The closing date and time for receipt of applications for funding under the FY 2008 University Center Economic Development Program competition is April 15, 2008 at 4 p.m. local time. The Chicago regional office will hold a pre-application teleconference on March 5, 2008 at 10 a.m. (CST). The Philadelphia regional office will hold its pre-application teleconference call on March 12, 2008 at 2 p.m. (EST). For further information and instructions regarding these teleconferences, please see the information provided below under “Teleconferences.” *Application Submission Requirements:* Applicants are advised to carefully read the instructions contained in Section IV of the complete Federal Funding Opportunity
(FFO)announcement for this request for applications. For a copy of the FFO announcement, please see the Web sites listed below under “Electronic Access.” Applications may be submitted in two formats:
(i)In paper format at the addresses provided below; or
(ii)electronically in accordance with the procedures provided on *www.grants.gov.* EDA will not accept facsimile transmissions of applications. The content of the application is the same for paper submissions as it is for electronic submissions. A complete application must contain all the items listed in the *Checklist of Application Materials* attached as an Exhibit to the complete FFO announcement. You may obtain paper application packages by contacting the designated point of contact listed below under “For Further Information” for the EDA regional office servicing your geographic area. Applicants applying electronically through *www.grants.gov* may access the application package by following the instructions provided on *www.grants.gov.* Additionally, the following application forms may be accessed and downloaded as follows:
(i)Form ED-900A, *Application for Investment Assistance* , at *http://www.eda.gov/InvestmentsGrants/Application.xml* ;
(ii)Standard Forms
(SF)at *www.grants.gov* or at *http://www.eda.gov/InvestmentsGrants/Application.xml* ; and
(iii)Department of Commerce
(CD)forms at *http://www.doc.gov/forms* . *Paper Submissions:* Applicants in Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin, or Muscatine or Scott counties, Iowa, should submit paper submissions (via postal mail, overnight delivery or hand-delivery) to: FY 2008 University Center Program Competition, Economic Development Administration, Chicago Regional Office, 111 North Canal Street, Suite 855, Chicago, Illinois 60606-7208. Applicants in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, Virgin Islands or West Virginia should submit paper submissions (via postal mail, overnight delivery or hand-delivery) to: FY 2008 University Center Program Competition, Economic Development Administration, Philadelphia Regional Office, Curtis Center, Suite 140 South, 601 Walnut Street, Philadelphia, Pennsylvania 19106-3323. Department of Commerce mail security measures may delay receipt of United States Postal Service mail for up to two weeks. Therefore, applicants who submit paper submissions are advised to use a guaranteed overnight delivery service. *Electronic Submissions:* Applicants may submit applications electronically in accordance with the instructions provided at www.grants.gov. EDA strongly encourages that applicants not wait until the application closing date to begin the application process through www.grants.gov. The preferred file format for electronic attachments (e.g., the Project Narrative and exhibits to Form ED-900A) is portable document format (PDF); however, EDA will accept electronic files in Microsoft Word, WordPerfect, Lotus or Excel formats. Applicants should access the following link for assistance in navigating www.grants.gov and for a list of useful resources: *http://www.grants.gov/applicants/applicant_help.jsp* . If you do not find an answer to your question under *Frequently Asked Questions* , try consulting the *Applicant's User Guide* . If you still cannot find an answer to your question, contact www.grants.gov via e-mail at *support@grants.gov* or telephone at 1-800-518-4726. The hours of operation for www.grants.gov are Monday-Friday, 7 a.m. to 9 p.m.
(EST)(except for federal holidays). FOR FURTHER INFORMATION CONTACT: For additional information or for a paper copy of the application package, the designated contact person in the Chicago regional office is Jack Price. Mr. Price may be reached at *jprice@eda.doc.gov* or at 312-353-8143, ext. 159. The designated contact person in the Philadelphia regional office is William Good. Mr. Good may be reached at *wgood@eda.doc.gov* or at 215-597-0405. EDA's Internet Web site at *http://www.eda.gov* also has additional information on EDA and its programs, including the University Center Economic Development Program. SUPPLEMENTARY INFORMATION: *Program Information:* EDA began administering the University Center Economic Development Program as a competitive multi-year program as part of its FY 2004 solicitation for applications. Under this multi-year program designation, EDA held University Center Economic Development Program competitions annually in two of its six regional offices in FY 2004 through FY 2006, and will hold similar competitions in FY 2008 and FY 2009. The Austin and Denver regional offices solicited applications for the FY 2004 University Center competition, the Philadelphia and Chicago regional offices solicited applications for the FY 2005 University Center competition, and the Atlanta and Seattle regional offices solicited applications for the FY 2006 University Center competition. *Electronic Access:* The complete FFO announcement for the FY 2008 University Center Economic Development Program competition is available at www.grants.gov and at *http://www.eda.gov/InvestmentsGrants/FFON.xml* . *Funding Availability:* Funding appropriated under the FY 2008 Consolidated Appropriations Act (Pub. L. No. 110-161, 121 Stat. 1844 (2007)) is available for the economic development assistance programs authorized by PWEDA and for the Trade Adjustment Assistance for Firms Program authorized under the Trade Act of 1974, as amended (19 U.S.C. 2341-2391). Funds in the amount of $249,100,000 have been appropriated for FY 2008 and shall remain available until expended. In all events, the funding periods and funding amounts referenced in this notice are subject to the availability of FY 2008 funds at the time of award, as well as to Department of Commerce's and EDA's priorities at the time of award. The Department of Commerce and EDA will not be held responsible for application preparation costs if the University Center Economic Development Program fails to receive funding or is cancelled because of agency priorities. Publication of this notice does not obligate the Department of Commerce or EDA to award any specific grant or cooperative agreement or to obligate all or part of available funds. EDA expects to allocate approximately $7,202,620 to the University Center Economic Development Program and the remaining appropriated funds to EDA's Local and National Technical Assistance Programs. The amount of University Center funding available for competition in FY 2008 is expected to be approximately $1,118,370 for the Chicago regional office and approximately $1,396,760 for the Philadelphia regional office. Annual awards for the University Centers selected under the FY 2005 competition were in the $120,000 to $175,000 range for the Chicago regional office and in the $80,000 to $150,000 range for the Philadelphia regional office. These regional offices may, however, choose to fund awards under this competition outside of these ranges. The remaining FY 2008 University Center Economic Development Program funds will be used to continue support for current University Centers selected during the FY 2006 and FY 2007 competitions in EDA's other four regional offices. Subject to the availability of funding at the time of award, the funds allocated to the University Center Economic Development Program are anticipated to be available until expended. *Statutory Authority:* The authority for the University Center Program is section 207 (42 U.S.C. 3147) of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3121 *et seq* .) (PWEDA). The specific authority for the University Center Economic Development Program is section 207 of PWEDA (42 U.S.C. 3147), which authorizes EDA to make grants for the establishment of University Centers. EDA's regulations at 13 CFR parts 300-302 and subpart B of 13 CFR part 306 set forth the general and specific regulatory requirements applicable to the University Center Economic Development Program. EDA's regulations are codified at 13 CFR chapter III. The regulations and PWEDA are accessible on EDA's Internet Web site at *http://www.eda.gov/InvestmentsGrants/Lawsreg.xml* . *Catalog of Federal Domestic Assistance
(CFDA)Number:* 11.303, Economic Development—Technical Assistance. *Applicant Eligibility:* An accredited institution of higher education or a consortium of accredited institutions of higher education is eligible to apply for and to receive funding under the University Center Economic Development Program. *See* section 3(12) of PWEDA (42 U.S.C. 3122(12)) and 13 CFR 300.3. A University-affiliated research foundation also is eligible to apply for and to receive funding under the University Center Economic Development Program, provided it demonstrates (e.g., a letter or other documentation from a University President or Chancellor) that it maintains the full and integral support of the University with respect to its economic development activities. For applicants applying as a consortium, a lead agent should be identified who would have lead responsibility to EDA and to the other members of the consortium for implementing a University Center Economic Development Program award. For FY 2008, the University Center Economic Development Program competition is open to eligible applicants in the geographic areas served by EDA's Chicago and Philadelphia regional offices. The Chicago regional office serves Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin and Muscatine and Scott counties, Iowa. The Philadelphia regional office serves Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, Virgin Islands and West Virginia. *Project Period:* The Chicago and Philadelphia regional offices will provide a three-year project period for each University Center selected for funding under the FY 2008 University Center Economic Development Program competition, with the initial award being made for the first year of the project period. The selected University Centers will not have to compete for the second and third years of funding. Funding beyond the initial year is dependent upon the availability of funds and satisfactory performance, as determined by EDA and expressed in written notice. Matching share commitment percentages must remain the same for all three years of funding. Current University Center operators in the service areas of EDA's Atlanta, Austin, Denver and Seattle regional offices will not have to compete for continuation funding in FY 2008, subject to the availability of funds and satisfactory continuing performance, as determined by EDA and expressed in a written notice. The servicing EDA regional office will contact current University Center operators regarding the procedures for applying for FY 2008 continuation funding. *Cost Sharing Requirement:* Generally, the amount of the EDA grant may not exceed fifty
(50)percent of the total cost of the project. Projects may receive an additional amount that shall not exceed thirty
(30)percent, as determined by EDA, based on the relative needs of the region in which the project will be located. *See* section 204(a) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(1). The Assistant Secretary of Commerce for Economic Development has the discretion to establish a maximum EDA investment rate of up to one hundred
(100)percent where the project
(i)merits and is not otherwise feasible without an increase to the EDA investment rate; or
(ii)will be of no or only incidental benefit to the recipient. *See* section 204(c)(3) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(4). In the application review process, EDA will consider the nature of the contribution (cash or in-kind) and the amount of the matching share funds. While cash contributions are preferred, in-kind contributions, fairly evaluated by EDA, may provide the non-federal share of the total project cost. *See* section 204(b) of PWEDA (42 U.S.C. 3144) and Section I.B. of the FFO announcement for this request for applications. In-kind contributions, which may include assumptions of debt and contributions of space, equipment, and services, are eligible to be included as part of the non-federal share of eligible project costs if they meet applicable federal cost principles and uniform administrative requirements. Funds from other federal financial assistance awards are considered matching share funds only if authorized by statute, which may be determined by EDA's reasonable interpretation of the statute. *See* 13 CFR 300.3. The applicant must show that the matching share is committed to the project for the entire project period, will be available as needed and is not conditioned or encumbered in any way that precludes its use consistent with the requirements of EDA investment assistance. *See* 13 CFR 301.5. *Intergovernmental Review:* Applications for funding under the University Center Economic Development Program are subject to the State review requirements imposed by Executive Order 12372, “ *Intergovernmental Review of Federal Programs.* ” *Evaluation and Selection Procedures:* Prior to the review paneling process, EDA's Chicago and Philadelphia regional offices will undertake a technical review of each application to ensure that all required forms, signatures and documentation are present and that the application is in compliance with the requirements of this competitive solicitation. Applications failing to meet the technical requirements of this competitive solicitation will not be referred to the review panel. Applications meeting all technical requirements will undergo a merit review by EDA's Chicago and Philadelphia regional offices. The review panel will consist of federal employees, at least three
(3)of whom will be members of EDA staff from the Chicago and Philadelphia regional offices, who will evaluate and competitively rate and rank all technically-sufficient applications using the criteria provided under “Evaluation Criteria” below. The Regional Director of each regional office is the Selecting Official for the applications received from applicants located within that regional office's geographic service area. The review panel will submit to the Selecting Official a list of applicants recommended for funding. *Evaluation Criteria:* The evaluation of applications will be accomplished through a review using the following criteria, listed in descending order of importance:
(i)Ability to satisfy one or more of the University Center-specific investment policy guidelines;
(ii)applicant's ability to successfully implement the project;
(iii)feasibility of the project budget; and
(iv)cost of the project to the Federal government. Each criterion is described below. *Ability to Satisfy One or More of the University Center-specific Investment Policy Guidelines.* The following University Center-specific investment policy guidelines have been adapted from
(i)EDA's general investment policy guidelines set forth in 13 CFR 301.8 and
(ii)the specific award requirements for University Center projects listed in 13 CFR 306.5 (each sub-criterion listed below will be given equivalent weight). You must provide responses to these University Center-specific investment policy guidelines as part of the Project Narrative discussed in Section IV.B.1. of the FFO announcement. 1. *Be market-based and results driven.* An investment in an EDA University Center will capitalize on the university's competitive strengths and will bolster regional economic competitiveness, resulting in tangible, quantifiable improvements in regional economic health, such as increased numbers of higher-skill, higher-wage jobs, increased tax revenue or increased private sector investment. 2. *Have strong organizational leadership.* An investment will have strong leadership, relevant project management experience, and a significant commitment of human resources talent to ensure a high-performing University Center. Specifically for University Center investments, this includes:
(a)The extent to which the proposed University Center will maximize coordination with other relevant organizations and avoid duplication of services offered by other organizations;
(b)the extent to which the University Center will access, take advantage of, and be supported by the other resources present at the sponsoring institution, especially the institution's economic development activities; and
(c)the degree of evidence demonstrating the support and commitment (both financial and non-financial) of the highest management levels of the proposed University Center's sponsoring institution. 3. *Advance productivity, innovation and entrepreneurship.* An investment in a proposed University Center will embrace the principles of entrepreneurship; enhance regional industry clusters, and leverage and link technology innovators (university research) with the private sector to create the conditions for greater productivity, innovation and higher-skill, higher-wage job creation. 4. *Look beyond the immediate economic horizon, anticipate economic changes, and diversify the local and regional economy.* A University Center's activities will be part of an overarching, long-term comprehensive economic development strategy that enhances a region's success in achieving a rising standard of living. 5. *Demonstrate a high degree of local commitment by exhibiting:* • High levels of local government or non-profit matching funds and private sector leverage; • Clear and unified leadership and support by local elected officials; and • Strong cooperation between the business sector, relevant regional partners and local, State and Federal governments. *Ability to Successfully Implement the Project:* The review panel will evaluate the applicant's ability to successfully implement the project. This evaluation will include the extent to which the applicant (including its sponsoring institution) has successfully implemented past technical assistance projects, especially those involving economic development. The review panel also will evaluate the expertise of project staff, as well as the academic programs and other resources available within the sponsoring institution. *See* 13 CFR 306.5. *Feasibility of Project Budget:* The review panel will evaluate the feasibility of the project budget, including but not limited to the reasonableness and the allowability of project costs. *Cost of the Project to the Federal Government:* The review panel will evaluate the cost of the project to the Federal government, taking into account the technical assistance services to be performed by the University Center and how those services are anticipated to spur regional economic development. As provided under “Cost Sharing Requirement” in this request for applications and in Section I.B. of the FFO announcement, EDA will give a preference to those applications that include a cash contribution for the matching share requirement. *Selection Factors:* EDA expects to fund the highest ranking applications submitted under this competition solicitation. The Selecting Official will normally follow the recommendations of the review panel; however, the Selecting Official may decide not to make a selection, or he may select an application out of rank order for several reasons, including:
(1)A determination that the application better meets the overall objectives of sections 2 and 207 of PWEDA (42 U.S.C. 3121 and 3147);
(2)the availability of program funding;
(3)the geographic balance in distribution of program funds;
(4)program priorities as set forth in the FFO announcement; or
(5)the applicant's performance under previous federal financial assistance awards. *The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements:* The administrative and national policy requirements for all Department of Commerce awards, contained in the *Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements* , published in the **Federal Register** on December 30, 2004 (69 FR 78389), are applicable to this competitive solicitation. *Teleconferences:* The Chicago regional office will hold a pre-application teleconference on March 5, 2008 at 10 a.m. (CST). The Philadelphia regional office will hold its pre-application teleconference call on March 12, 2008 at 2 p.m. (EST). These teleconferences will provide general program information and information regarding the preparation of applications for funding under this competitive solicitation. To ensure the integrity of this competition, EDA will not provide substantive information regarding the competition to prospective applicants outside of these scheduled teleconferences. To ensure that enough incoming lines are available for each caller, the Chicago regional office requires interested parties planning to participate on the teleconference to register no later than 5 p.m.
(CST)on February 27, 2008; the Philadelphia regional office requires interested parties planning to participate on the teleconference to register no later than 4 p.m.
(EST)on March 7, 2008. To register, please send an email with “Teleconference Registration” in the subject line to the designated contact person in the Chicago or Philadelphia regional office, as provided under FOR FURTHER INFORMATION CONTACT in this request for applications. The telephone number and pass code for each teleconference will be provided upon registration. Please be advised that the pre-application teleconferences may be audio-taped and the actual recordings or a transcript of the actual recording may be made available online for the benefit of prospective applicants unable to participate. Prospective applicants who choose to participate on the teleconferences are deemed to consent to the taping. *Paperwork Reduction Act:* This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Form ED-900A ( *Application for Investment Assistance* ) has been approved by the Office of Management and Budget
(OMB)under the control number 0610-0094. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. *Executive Order 12866:* This notice has been determined to be not significant for purposes of Executive Order 12866. *Executive Order 13132 (Federalism):* It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. *Administrative Procedure Act/Regulatory Flexibility Act:* Prior notice and an opportunity for public comments are not required by the Administrative Procedure Act or any other law for rules concerning grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq* .) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: January 28, 2008. Sandy K. Baruah, Assistant Secretary of Commerce for Economic Development. [FR Doc. E8-1836 Filed 1-31-08; 8:45 am] BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of upcoming Sunset Reviews. Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (“the Department”) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for March 2008 The following Sunset Review is scheduled for initiation in March 2008 and will appear in that month's Notice of Initiation of Five-Year Sunset Reviews. *Antidumping Duty Proceedings* Non-Malleable Cast Iron Pipe Fittings from the PRC (A-570-877) *Department Contact* Juanita Chen,
(202)482-1904 *Countervailing Duty Proceedings* No Sunset Review of countervailing duty proceedings are scheduled for initiation in March 2008 *Suspended Investigations* No Sunset Review of suspended investigations are scheduled for initiation in March 2008 The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3—Policies Regarding the Conduct of Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) . The Notice of Initiation of Five-Year (“Sunset”) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initition. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: January 22, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-1875 Filed 1-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Partial Rescission and Preliminary Results of the First New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“Department”) is conducting new shipper reviews (“NSRs”) of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”) that cover the period of review (“POR”) of August 1, 2006, through January 31, 2007. 1 *See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,* 68 FR 47909 (August 12, 2003) *(“Order”).* On March 22, 2007, the Department initiated the semi-annual new shipper reviews for Vinh Quang Fisheries Corporation (“Vinh Quang”), Ngoc Thai Company (“Ngoc Thai”), and Anvifish Co., Ltd. (“Anvifish”). *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews,* 72 FR 15653 (April 2, 2007). 1 On November 6, 2007, the Department sent a letter informing parties that the POR was extended until February 26, 2007. Upon further review of the record, the Department determines that an extension of the POR is unnecessary. We are preliminarily rescinding the new shipper reviews of Vinh Quang and Ngoc Thai because at the time of their requests for a new shipper review, the deadline for such requests had passed, pursuant to section 351.214(c) of the Department's regulations. We preliminarily determine that Anvifish has made sales in the United States at less than normal value (“NV”). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on entries of subject merchandise during the POR for which the importer-specific assessment rates are above *de minimis* . DATES: *Effective Date:* February 1, 2008. FOR FURTHER INFORMATION CONTACT: Julia Hancock and Nicole Bankhead, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; *telephone:*
(202)482-1394 and
(202)482-9068, respectively. SUPPLEMENTARY INFORMATION: Case History General On January 31, February 21, and February 28, 2007, the Department received requests for new shipper reviews from Vinh Quang, Ngoc Thai, and Anvifish, respectively. On April 5, 2007, after initiating the reviews, the Department issued antidumping duty questionnaires to the three companies participating in the new shipper reviews. The Department subsequently issued supplemental questionnaires to all companies under review between June 2007 and December 2007. Extension of Preliminary Results On September 12, 2007, the Department extended the preliminary results of these new shipper reviews to December 21, 2007. *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limits for the Preliminary Results of the 2006-2007 Semi-Annual New Shipper Reviews,* 72 FR 52048 (September 12, 2007). On December 21, 2007, the Department extended the preliminary results of these new shipper reviews a second time to January 22, 2008. *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limits for the Preliminary Results of the 2006-2007 Semi-Annual New Shipper Reviews,* 72 FR 72668 (December 21, 2007). Surrogate Country and Surrogate Values On June 22, 2007, the Department sent interested parties a letter requesting comments on the surrogate country and information pertaining to valuing factors of production. On August 7, 2007, Ngoc Thai requested that the Department extend the deadline to submit information pertaining to valuing factors of production. On August 9, 2007, the Department extended the deadline to submit information pertaining to valuing factors of production by three weeks to August 31, 2007. On August 31, 2007, Catfish Farmers of America and individual U.S. catfish processors (collectively, “Petitioners”) submitted comments on the surrogate country and information pertaining to valuing factors of production. No other party has submitted surrogate values or surrogate country comments on the record of this proceeding. Scope of the Order The product covered by this *Order* is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species *Pangasius Bocourti, Pangasius Hypophthalmus* (also known as *Pangasius Pangasius* ), and *Pangasius Micronemus.* Frozen fish fillets are lengthwise cuts of whole fish. The fillet products covered by the scope include boneless fillets with the belly flap intact (“regular” fillets), boneless fillets with the belly flap removed (“shank” fillets), boneless shank fillets cut into strips (“fillet strips/finger”), which include fillets cut into strips, chunks, blocks, skewers, or any other shape. Specifically excluded from the scope are frozen whole fish (whether or not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-section cuts of dressed fish. Nuggets are the belly-flaps. The subject merchandise will be hereinafter referred to as frozen “basa” and “tra” fillets, which are the Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 1604.19.4000, 2 1604.19.5000, 3 0305.59.4000, 4 0304.29.6033 5 (Frozen Fish Fillets of the species *Pangasius* including basa and tra) of the Harmonized Tariff Schedule of the United States (“HTSUS”). 6 This *Order* covers all frozen fish fillets meeting the above specification, regardless of tariff classification. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the *Order* is dispositive. 2 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Third Addition of Harmonized Tariff Number,* (March 1, 2007). This HTS went into effect on March 1, 2007. 3 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Third Addition of Harmonized Tariff Number,* (March 1, 2007). This HTS went into effect on March 1, 2007. 4 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Second Addition of Harmonized Tariff Number,* (February 2, 2007). This HTS went into effect on February 1, 2007. 5 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Addition of Harmonized Tariff Number,* (January 30, 2007). This HTS went into effect on February 1, 2007. 6 Until July 1, 2004, these products were classifiable under tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of the HTSUS. Until February 1, 2007, these products were classifiable under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the species *Pangasius* including basa and tra) of the HTSUS. Verification Pursuant to 19 CFR 351.307(b)(iv), we conducted verification of the sales and factors of production (“FOP”) for Anvifish. 7 7 The verification of Anvifish's sales and FOPs took place from November 5 through November 13, 2007. *See* Memorandum to the File through Alex Villanueva, Program Manager, Office 9, from Nicole Bankhead, Senior Case Analyst: Verification of the Sales and Factors Response of Anvifish Co., Ltd. (“Anvifish”) and its Affiliate D&T Food Company (“D&T”) in the Antidumping New Shipper Review of Frozen Fish Fillets from Vietnam (January 22, 2008) (“Anvifish's Verification Report”). Affiliation Section 771(33) of the Tariff Act of 1930, as amended, (“the Act”), provides that: The following persons shall be considered to be “affiliated” or “affiliated persons”:
(A)Members of a family, including brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants.
(B)Any officer or director of an organization and such organization.
(C)Partners.
(D)Employer and employee.
(E)Any person directly or indirectly owning, controlling, or holding with power to vote, 5 percent or more of the outstanding voting stock or shares of any organization and such organization.
(F)Two or more persons directly or indirectly controlling, controlled by, or under common control with, any person.
(G)Any person who controls any other person and such other person. Additionally, section 771(33) of the Act stipulates that: “For purposes of this paragraph, a person shall be considered to control another person if the person is legally or operationally in a position to exercise restraint or direction over the other person.” Vinh Quang Based on the record evidence in these new shipper reviews, we preliminarily find that Vinh Quang is affiliated with New Century Trading Company (“New Century”), pursuant to section 771(33) of the Act. For a detailed discussion of our analysis, please *see* Memorandum to James C. Doyle, Director, Office 9, through Alex Villanueva, Program Manager, Office 9, from Julia Hancock, Senior Case Analyst, Subject: New Shipper Review of the Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Affiliation and Collapsing, (January 22, 2008) (“Vinh Quang Affiliation Memo”). In addition, based on the evidence presented in Vinh Quang's questionnaire responses, we preliminarily find that Vinh Quang and New Century should be treated as a single entity for purposes of this new shipper review. *See* 19 CFR 351.401(f)(1); *see also* Vinh Quang Affiliation Memo for a discussion of the proprietary aspects of this relationship. Ngoc Thai Based on the record evidence in these new shipper reviews, we preliminarily find that Ngoc Thai is affiliated with Thai Tan Seafood Company (“Thai Tan”), Ngoc Thu Company Ltd. (“Ngoc Thu”), and Kim Anh Company (“Kim Anh”), pursuant to section 771(33) of the Act. For a detailed discussion of our analysis, please *see* Memorandum to James C. Doyle, Director, Office 9, through Alex Villanueva, Program Manager, Office 9, from Michael Holton, Senior Case Analyst, Subject: New Shipper Review of the Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Affiliation and Collapsing of Ngoc Thai Company Ltd., (January 22, 2008) (“Ngoc Thai Affiliation Memo”). In addition, based on the evidence presented in Ngoc Thai's questionnaire responses, we preliminarily find that Ngoc Thai, Thai Tan, Ngoc Thu, and Kim Anh should be treated as a single entity for purposes of this new shipper review. *See* 19 CFR 351.401(f)(1); *see also* Ngoc Thai Affiliation Memo for a discussion of the proprietary aspects of this relationship. Anvifish Based on the record evidence in these new shipper reviews, we preliminarily find that Anvifish was not affiliated with its U.S. customer, D&T Food Company (“D&T”), within the meaning of section 771(33) of the Act for the portion of the POR that Anvifish sold subject merchandise to D&T that were then resold by D&T. In their submissions, Anvifish reported that one of D&T's owners, Daniel Yet, was affiliated to Anvifish through his ownership in an investment company. Anvifish reported that this investment company was a shareholder of Anvifish during the POR. However, the Department finds that the record evidence demonstrates that Anvifish was not affiliated with D&T through this investment company's ownership in Anvifish during the portion of the POR that Anvifish sold subject merchandise to D&T that was then resold by D&T. *See Honey from the People's Republic of China: Final Results and Final Rescission, in Part, of Antidumping Duty Administrative Review,* 70 FR 38873 (July 6, 2005) and accompanying Issues and Decision Memorandum at Comment 8 (“ *Honey 2nd AR* ”) (the Department found that the respondents, Jinfu PRC and Jinfu USA, were not affiliated during the period of review because the purchase of stocks was not completed during the portion of the period of review that the sales occurred). In the *Honey 2nd AR,* the Department found that the respondents were not affiliated because the certificate of stock transfer was not dated within the portion of the period of review that the sales occurred and there was “no reliable evidence that the original owner received payment for his interest” prior to the issuance of the certificate of stock transfer. *Id.* In this case, the Department notes that the record does not contain a certificate of stock transfer or similar documentation that identifies that this investment company obtained shares in Anvifish during the portion of the POR that Anvifish sold subject merchandise to D&T and was then resold by D&T. Although it is the Department's practice to make affiliation determinations based on the context of the execution of a stock transfer and the purchase in a company, absent this information, the Department has relied upon payment documentation as the date for when the investment company transferred funds and thus became a part owner of Anvifish. *See Honey 2nd AR,* 70 FR 38873 at Comment 8; Anvifish's Verification Report, at 6. During the POR, Anvifish made multiple sales to D&T. *See* Memorandum to the File through Alex Villanueva, Program Manager, Office 9, from Nicole Bankhead, Senior Case Analyst: Preliminary Results of the Antidumping New Shipper Review of Frozen Fish Fillets from Vietnam: Preliminary Results Analysis Memo of Anvifish Co., Ltd. (“Anvifish”) (January 22, 2008) (“Anvifish's Preliminary Analysis Memo”), at 2. Out of these sales, all but one were made prior to the date the Department has determined as the appropriate date of affiliation, *i.e.* , investment payment date. The one sale made after the Department finds Anvifish affiliated with D&T within the meaning of section 771(33) of the Act was subsequently not resold during the POR. Therefore, for these preliminary results, the Department is treating all but one sale made between Anvifish and D&T on an export price (“EP”) basis. However, the Department finds that Anvifish is affiliated with D&T as of the date of the payment documentation, within the meaning of section 771(33) of the Act. *See* Anvifish's Preliminary Analysis Memo. Preliminary Intent To Rescind Vinh Quang Section 351.214(b)(2)(iv)(A) of the Department's regulations states that documentation establishing the date of first entry is: “The date on which subject merchandise of the exporter or producer making the request was first entered, or withdrawn from warehouse, for consumption, or, if the exporter or producer cannot establish the date of first entry, the date on which the exporter or producer first shipped the subject merchandise for export to the United States.” *See* 19 CFR 351.214(b)(2)(iv)(A). Additionally, section 351.214(c) of the Department's regulations states: “An exporter or producer may request a new shipper review within one year of the date referred to in paragraph (b)(2)(iv)(A) of this section.” *See* 19 CFR 351.214(c). As discussed above, we preliminarily determine that Vinh Quang and New Century are a single entity. *See* Vinh Quang Affiliation Memo. Additionally, we find that as a single entity Vinh Quang and New Century shipped subject merchandise over a year prior to the POR of this new shipper review. As a result, at the time of Vinh Quang's request for review, the deadline for requesting a new shipper review of Vinh Quang and New Century's first entry of subject merchandise had passed, pursuant to sections 351.214(b)(2)(iv)(A) and 351.214(c) of the Department's regulations. *Id.* Accordingly, we find that Vinh Quang/New Century's request for a new shipper review is untimely, pursuant to sections 351.214(b)(2)(iv)(A) and 351.214(c) of the Department's regulations. *See* Vinh Quang Affiliation Memo. Therefore, the Department is preliminarily rescinding Vinh Quang's new shipper review. Ngoc Thai Section 351.214(b)(2)(iv)(A) of the Department's regulations states that documentation establishing the date of first entry is: “The date on which subject merchandise of the exporter or producer making the request was first entered, or withdrawn from warehouse, for consumption, or, if the exporter or producer cannot establish the date of first entry, the date on which the exporter or producer first shipped the subject merchandise for export to the United States.” *See* 19 CFR 351.214(b)(2)(iv)(A). Additionally, section 351.214(c) of the Department's regulations states: “An exporter or producer may request a new shipper review within one year of the date referred to in paragraph (b)(2)(iv)(A) of this section.” *See* 19 CFR 351.214(c). As discussed above, we preliminarily determine that the Kim Anh Group, including Ngoc Thai, is a single entity. *See* Ngoc Thai Affiliation Memo. Additionally, we find that as a single entity the Kim Anh Group shipped subject merchandise over a year prior to the POR of this new shipper review. As a result, at the time of Ngoc Thai's request for review, the deadline for requesting a new shipper review of the Kim Anh Group's first entry of subject merchandise had passed, pursuant to sections 351.214(b)(2)(iv)(A) and 351.214(c) of the Department's regulations. *Id.* Accordingly, we find that the Kim Anh Group's request for a new shipper review is untimely, pursuant to sections 351.214(b)(2)(iv)(A) and 351.214(c) of the Department's regulations. *See* Ngoc Thai Affiliation Memo. Therefore, the Department is preliminarily rescinding Ngoc Thai's new shipper review. New Shipper Review Bona Fide Analysis Consistent with the Department's practice, we investigated the *bona fide* nature of the sale made by Anvifish for this new shipper review. We found that the new shipper sale by Anvifish was made on a *bona fide* basis. Based on our investigation into the *bona fide* nature of the sales, the questionnaire responses submitted by Anvifish, and our verification thereof, as well the companies' eligibility for a separate rate ( *see* Separate Rates Determination section below) and the Department's preliminary determination that Anvifish was not affiliated with any exporter or producer that had previously shipped subject merchandise to the United States, we preliminarily determine that Anvifish has met the requirements to qualify as a new shipper during this POR. Therefore, for the purposes of these preliminary results of review, we are treating Anvifish's sales of subject merchandise to the United States as an appropriate transaction for this new shipper review. 8 8 For more detailed discussion of this issue, please *see* Memorandum from Nicole Bankhead, Senior Case Analyst, Office 9, through Alex Villanueva, Program Manager, Office 9, to James C. Doyle, Director, Office 9: Bona Fide Nature of the Sale in the Antidumping Duty New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Anvifish Co., Ltd., (January 22, 2008). Facts Available (“FA”) Section 776(a)(2) of the Tariff Act of 1930, as amended (“Act”), provides that, if an interested party:
(A)Withholds information that has been requested by the Department;
(B)fails to provide such information in a timely manner or in the form or manner requested subject to sections 782(c)(1) and
(e)of the Act;
(C)significantly impedes a proceeding under the antidumping statute; or
(D)provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination. Section 782(c)(1) of the Act provides that if an interested party “promptly after receiving a request from {the Department} for information, notifies {the Department} that such party is unable to submit the information requested in the requested form and manner, together with a full explanation and suggested alternative form in which such party is able to submit the information,” the Department may modify the requirements to avoid imposing an unreasonable burden on that party. Section 782(d) of the Act provides that, if the Department determines that a response to a request for information does not comply with the request, the Department will inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person the opportunity to remedy or explain the deficiency. If that person submits further information that continues to be unsatisfactory, or this information is not submitted within the applicable time limits, the Department may, subject to section 782(e), disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act states that the Department shall not decline to consider information deemed “deficient” under section 782(d) if:
(1)The information is submitted by the established deadline;
(2)the information can be verified;
(3)the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination;
(4)the interested party has demonstrated that it acted to the best of its ability; and
(5)the information can be used without undue difficulties. Furthermore, section 776(b) of the Act states that if the Department “finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority or the Commission, the administering authority or the Commission * * *, in reaching the applicable determination under this title, may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available.” *See also,* Statement of Administrative Action (“SAA”) accompanying the Uruguay Round Agreements Act (“URAA”), H.R. Rep. No. 103-316, Vol. 1 at 870 (1994). Adverse inferences are appropriate “to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” *See* SAA; *Mannesmannrohren-Werke AG* v. *United States,* 77 F. Supp. 2d 1302 (CIT 1999). The Court of Appeals for the Federal Circuit (“CAFC”), in *Nippon Steel Corporation* v. *United States,* 337 F.3d 1373, 1382 (Fed. Cir. 2003) ( *“Nippon Steel”* ), provided an explanation of the “failure to act to the best of its ability” standard, stating that the ordinary meaning of “best” means “one's maximum effort,” and that the statutory mandate that a respondent act to the “best of its ability” requires the respondent to do the maximum it is able to do. *Id.* The CAFC acknowledged, however, that “deliberate concealment or inaccurate reporting” would certainly be sufficient to find that a respondent did not act to the best of its ability, although it indicated that inadequate responses to agency inquiries “would suffice” as well. *Id.* Compliance with the “best of the ability” standard is determined by assessing whether a respondent has put forth its maximum effort to provide the Department with full and complete answers to all inquiries in an investigation. *Id.* The CAFC further noted that while the standard does not require perfection and recognizes that mistakes sometimes occur, it does not condone inattentiveness, carelessness, or inadequate record keeping. *Id.* For these preliminary results, in accordance with section 776(a)(2)(A) of the Act, we have determined that the use of facts available is appropriate for Anvifish's reported indirect labor usage and its unreported containerization. A. Labor Under section 776(a)(2)(D) of the Act, the Department may use facts otherwise available in reaching the applicable determination if the respondent provides information but the information cannot be verified. In the original Section D questionnaire response, Anvifish stated that its reported indirect labor included supervisors, technical workers, and contract labor but that it did not keep daily records of its contract labor. *See* Anvifish's Section D Questionnaire Response, (May 4, 2007) at D-12. The Department issued two supplemental questionnaires requesting that Anvfish provide supporting documentation for its reported technical and contract labor, which were based on estimated labor hours. In its supplemental Section D questionnaire response, Anvifish stated that it did not see the need to record the working hours of the contract labor as they were not paid by the hour. *See* Anvifish's Supplemental Section D Questionnaire Response, (August 13, 2007) at 23 and Exhibit 27. In its second supplemental Section D questionnaire response, Anvifish stated that it reported its technical workers as indirect labor and provided a contract for the technical workers. *See* Anvifish's Second Supplemental Section D Questionnaire Response, (October 16, 2007) at 32 and Exhibit 28. However, at verification, Anvifish stated that they were unable to recreate the estimated hours reported for technical and contract labor in Anvifish's questionnaire responses because they did not track the actual hours. *See* Anvifish's Verification Report at 38-39 and Exhibit AV VE 15. Accordingly, the Department was unable to verify Anvifish's reported indirect labor hours for technical and contract labor. *Id.* Because Anvifish did not provide verifiable documentation for Anvifish's technical and contract labor, we applied facts available to Anvifish's consumption of indirect labor pursuant to section 776(a)(2)(D) of the Act. Pursuant to section 776(b) of the Act, the Department may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available when the party fails to cooperate by not acting to best of its ability. *See Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review,* 62 FR 53808 (October 16, 1997); *Notice of Final Determination of Sales at Less Than Fair Value and Final Negative Critical Circumstances: Carbon and Certain Alloy Steel Wire Rod from Brazil,* 67 FR 55792, 55794-96 (August 30, 2002). Additionally, the Department notes that the standard for using adverse facts available (“AFA”) does not condone “inattentiveness, carelessness, or inadequate record keeping.” *See Nippon Steel Corp.* v. *United States,* 337 F. 3d 1373, 1382 (Fed. Cir. 2003). Accordingly, adverse inferences are appropriate “to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” *See SAA,* at 870. Furthermore, “{a}ffirmative evidence of bad faith on the part of a Respondent is not required before the Department may make an adverse inference.” *See Antidumping Countervailing Duties: Final Rule,* 62 FR 27296, 27340 (May 19, 1997). In this instance, Anvifish failed to act to the best of its ability to provide the Department with indirect labor hours that could be verified. Anvifish reported indirect labor hours for technical and contract labor. As a respondent, Anvifish had the responsibility to accurately report its indirect labor usage rates. However, it was only at verification that it became clear that the numbers provided by Anvifish had no basis in documentary evidence of actual consumption. Despite numerous opportunities, Anvifish did not act to the best of its ability to provide accurate, verifiable information. Contrary to Anvifish's pre-verification representations, at verification the Department discovered that the indirect labor usage rates reported by Anvifish were not representative of the actual use of that factor of production. Consistent with the Department's practice in other cases where a respondent fails to cooperate to the best of its ability, and in keeping with section 776(b) of the Act, the Department finds that the use of partial AFA is warranted for Anvifish's unverifiable labor usage rates. Therefore, for the preliminary results, the Department will apply as partial AFA, the single highest month of attendance days for the technical workers to calculate the AFA labor usage rate for Anvifish's total indirect labor for technical workers and contract labor. *See Notice of Final Determination of Sales at Less than Fair Value: Tetrahydrofurfuryl Alcohol from the People's Republic of China,* 69 FR 34130 (June 18, 2004) and accompanying Issues and Decision Memorandum at Comment 1; *Notice of Final Antidumping Duty Determination of Sales at Less than Fair Value and Affirmative Critical Circumstances: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,* 68 FR 37116 (June 23, 2003) ( *“Vietnam Fish Fillets”* ) and accompanying Issues and Decision Memorandum at Comment 1. B. Containerization Under section 776(a)(A) and
(D)of the Act, the Department may use facts otherwise available in reaching the applicable determination if the respondent withheld information that had been requested and provides information that cannot be verified. In its three Section C questionnaire responses, Anvifish did not report that it incurred containerization at the port as a sales expense for its sales of subject merchandise. However, at verification, the Department discovered that Anvifish did incur containerization at the port as a sales expense for certain of its sales of subject merchandise. *See* Anvifish's Verification Report, at 27 and GRO VE 9C. Because Anvifish withheld this data and failed to report containerization as a sales expense to the Department, despite the Department's giving Anvifish two additional opportunities to correct its U.S. sales data, we have applied facts available for Anvifish's containerization pursuant to section 776(a)(2)(A) and
(D)of the Act. As partial facts available, the Department is deducting containerization using a surrogate value for those sales where Anvifish incurred this expense. Non-Market Economy Country Status In every Vietnamese antidumping duty (“AD”) case conducted by the Department, Vietnam has been treated as a non-market economy (“NME”) country. In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority. *See Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From the Socialist Republic of Vietnam,* 69 FR 71005 (December 8, 2004); *Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of the First Administrative Review,* 71 FR 14170 (March 21, 2006) ( *“FFF1 Final Results”* ); *Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of the Second Administrative,* 72 FR 13242 (March 21, 2007) ( *“FFF2 Final Results”* ). No party to this proceeding has contested such treatment. Accordingly, we calculated normal value (“NV”) in accordance with section 773(c) of the Act, which applies to NME countries. Separate Rates Determination A designation of a country as an NME remains in effect until it is revoked by the Department. *See* section 771(18)(C) of the Act. Accordingly, there is a rebuttable presumption that all companies within Vietnam are subject to government control and, thus, should be assessed a single antidumping duty rate. It is the Department's standard policy to assign all exporters of the merchandise subject to review in NME countries a single rate unless an exporter can affirmatively demonstrate an absence of government control, both in law ( *de jure* ) and in fact ( *de facto* ), with respect to exports. To establish whether a company is sufficiently independent to be entitled to a separate, company-specific rate, the Department analyzes each exporting entity in an NME country under the test established in the *Final Determination of Sales at Less than Fair Value: Sparklers from the People's Republic of China* ( *“Sparklers”* ), 56 FR 20588 (May 6, 1991), as amplified by the *Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China,* 59 FR 22585 (May 2, 1994) ( *“Silicon Carbide”* ). A. Absence of De Jure Control The Department considers the following *de jure* criteria in determining whether an individual company may be granted a separate rate:
(1)An absence of restrictive stipulations associated with an individual exporter's business and export licenses; and
(2)any legislative enactments decentralizing control of companies. Throughout the course of this proceeding, Anvifish has placed sufficient evidence on the record that demonstrate the absence of *de jure* control. Specifically, Anvifish has placed on the record a number of documents to demonstrate absence of *de jure* control including business licenses, financial statements, and narrative information regarding government laws and regulations on corporate ownership, and the companies' operations and selection of management. The evidence provided by Anvifish supports a finding of a *de jure* absence of governmental control over its export activities. Thus, we believe that the evidence on the record supports a preliminary finding of an absence of *de jure* government control based on:
(1)An absence of restrictive stipulations associated with the exporter's business license; and
(2)the legal authority on the record decentralizing control over the respondent. B. Absence of De Facto Control The absence of *de facto* governmental control over exports is based on whether a company:
(1)Sets its own export prices independent of the government and other exporters;
(2)retains the proceeds from its export sales and makes independent decisions regarding the disposition of profits or financing of losses;
(3)has the authority to negotiate and sign contracts and other agreements; and
(4)has autonomy from the government regarding the selection of management. *See Silicon Carbide,* 59 FR at 22587 and *Sparklers,* 56 FR at 20589; *see, also, Notice of Final Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From the People's Republic of China,* 60 FR 22544, 22545 (May 8, 1995). The Department conducted a separate-rates analysis for Anvifish. In its questionnaire responses, Anvifish submitted evidence indicating an absence of *de facto* governmental control over its export activities. Specifically, this evidence indicates that:
(1)Anvifish sets its own export prices independent of the government and without the approval of a government authority;
(2)Anvifish retains the proceeds from its sales and makes independent decisions regarding the disposition of profits or financing of losses;
(3)Anvifish has a general manager, branch manager or division manager with the authority to negotiate and bind the company in an agreement;
(4)the general manager is selected by the board of directors or company employees, and the general manager appoints the deputy managers and the manager of each department; and
(5)there is no restriction on Anvifish's use of export revenues. The questionnaire responses of Anvifish do not suggest that pricing is coordinated among exporters. During our analysis of the information on the record, we found no information indicating the existence of government control. Therefore, the Department preliminarily finds that Anvifish has established *prima facie* that they qualify for separate rates under the criteria established by *Silicon Carbide* and *Sparklers.* Surrogate Country When the Department is investigating imports from an NME country, section 773(c)(1) of the Act directs it to base NV, in most circumstances, on the NME producer's FOPs, valued in a surrogate market economy country or countries considered to be appropriate by the Department. In accordance with section 773(c)(4) of the Act, in valuing the FOPs, the Department shall utilize, to the extent possible, the prices or costs of FOPs in one or more market economy countries that are:
(1)At a level of economic development comparable to that of the NME country; and
(2)significant producers of comparable merchandise. The sources of the surrogate factor values are discussed under the “Normal Value” section below and in the Memorandum to the File through Alex Villanueva, Program Manager, Office 9 from Julia Hancock, Senior Analyst, Office 9: Antidumping Duty Administrative Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Surrogate Values for the Preliminary Results, (January 22, 2008) (“Factor Valuation Memo”). As discussed in the “Separate Rates” section, above, the Department considers Vietnam to be an NME country. The Department has treated Vietnam as an NME country in all previous antidumping proceedings. In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority. None of the parties to this proceeding contested such treatment. Accordingly, we treated Vietnam as an NME country for purposes of these reviews and calculated NV, pursuant to section 773(c) of the Act, by valuing the FOPs in a surrogate country. The Department determined that Bangladesh, Pakistan, India, Indonesia, and Sri Lanka are countries comparable to Vietnam in terms of economic development. 9 Once it has identified economically comparable countries, the Department's practice is to select an appropriate surrogate country from the list based on the availability and reliability of data from the countries. *See Department Policy Bulletin No. 04.1: Non-Market Economy Surrogate Country Selection Process* (March 1, 2004). In this case, we have found that Bangladesh is a significant producer of comparable merchandise. We find Bangladesh to be a reliable source for surrogate values because Bangladesh is at a similar level of economic development pursuant to section 773(c)(4) of the Act, is a significant producer of comparable merchandise, and has publicly available and reliable data. *See* Memorandum to the File, through James C. Doyle, Office Director, Office 9, Import Administration, and Alex Villanueva, Program Manager, Office 9, from Julia Hancock, Senior Analyst, Re: New Shipper Reviews of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Selection of a Surrogate Country, (January 22, 2008). Thus, we have selected Bangladesh as the primary surrogate country for this administrative review. However, in certain instances where Bangladeshi data was not available, we used data from Indian sources. 9 *See* Memorandum from Ron Lorentzen, Director, Office of Policy, to Alex Villanueva, Program Manager, China/NME Group, Office 9: Antidumping Administrative Review of Certain Frozen Fish Fillets (“Frozen Fish”) from the Socialist Republic of Vietnam: Request for a List of Surrogate Countries (May 23, 2007). Fair Value Comparisons To determine whether sales of the subject merchandise made by Anvifish to the United States were at prices below NV, we compared Anvifish's export price (“EP”) to NV, as described below. Export Price For Anvifish's EP sales, we used the EP methodology, pursuant to section 772(a) of the Act, because the first sale to an unaffiliated purchaser was made prior to importation and CEP was not otherwise warranted by the facts on the record. We calculated EP based on the cost and freight foreign port price to the first unaffiliated purchaser in the United States. For these EP sales, in accordance with section 772(c) of the Act, we also deducted billing adjustments, foreign inland freight, foreign brokerage and handling, foreign cold storage, and international ocean freight from the starting price (or gross unit price), where appropriate. Where movement expenses were provided by NME-service providers or paid for in NME currency, we valued these services using either Bangladeshi or Indian surrogate values. *See* Factor Valuation Memo. Where applicable, we used the actual reported expense for those movement expenses provided by ME suppliers and paid for in ME currency. Normal Value Section 773(c)(1) of the Act provides that, in the case of an NME, the Department shall determine NV using an FOP methodology if the merchandise is exported from an NME and the information does not permit the calculation of NV using home-market prices, third-country prices, or constructed value under section 773(a) of the Act. Because information on the record does not permit the calculation of NV using home-market prices, third-country prices, or constructed value and no party has argued otherwise, we calculated NV based on FOPs reported by Anvifish, pursuant to sections 773(c)(3) and
(4)of the Act and 19 CFR 351.408(c). As the basis for NV, Anvifish provided FOPs used in each of the stages for processing frozen fish fillets. To calculate NV, we valued Anvifish's reported per-unit factor quantities using publicly available Bangladeshi, Indian, and Indonesian surrogate values. In selecting surrogate values, we considered the quality, specificity, and contemporaneity of the available values. As appropriate, we adjusted the value of material inputs to account for delivery costs. Specifically, we added surrogate freight costs to surrogate values using the reported distances from the Vietnam port to the Vietnam factory, or from the domestic supplier to the factory, where appropriate. This adjustment is in accordance with the decision of the CAFC in *Sigma Corp.* v. *United States,* 117 F.3d 1401, 1407-1408 (Fed. Cir. 1997). For those values not contemporaneous with the POR, we adjusted for inflation using data published in the International Monetary Fund's *International Financial Statistics.* Import data from South Korea, Thailand and Indonesia were excluded from the surrogate country import data due to generally available export subsidies. *See China Nat'l Mach. Import & Export Corp.* v. *United States,* CIT 01-1114, 293 F. Supp. 2d 1334 (CIT 2003), *aff'd* 104 Fed. Appx. 183 (Fed. Cir. 2004), and *Certain Cut-to-Length Carbon Steel Plate from Romania: Notice of Final Results and Final Partial Rescission of Antidumping Duty Administrative Review,* 70 FR 12651, and accompanying Issues and Decision Memorandum at Comment 4 (March 15, 2005). Additionally, we excluded prices from NME countries and imports that were labeled as originating from an “unspecified” Asian country. The Department excluded these imports because it could not ascertain whether they were from either an NME country or a country with general export subsidies. We converted the surrogate values to U.S. dollars as appropriate, using the official exchange rate recorded on the dates of sale of subject merchandise in this case, obtained from Import Administration's Web site at *http://www.ia.ita.doc.gov/exchange/index.html.* For further detail, *see* Factor Valuation Memo. Preliminary Results of the Reviews As a result of our review, we preliminarily find that the following margins exist for the period August 1, 2006, through January 1, 2007: Certain Frozen Fish Fillets From Vietnam Manufacturer/exporter Weighted-average margin (percent) Anvifish 34.33 The Department will disclose to parties of this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). In accordance with 19 CFR 351.301(c)(3)(ii), for the final results in an antidumping duty new shipper review, interested parties may submit publicly available information to value FOPs within 20 days after the date of publication of these preliminary results. Interested parties must provide the Department with supporting documentation for the publicly available information to value each FOP. Additionally, in accordance with 19 CFR 351.301(c)(1), for the final results of this new shipper review, interested parties may submit factual information to rebut, clarify, or correct factual information submitted by an interested party less than ten days before, on, or after, the applicable deadline for submission of such factual information. However, the Department notes that 19 CFR 351.301(c)(1) permits new information only insofar as it rebuts, clarifies, or corrects information recently placed on the record. 19 CFR 351.301(c)(1) does not envision the submission of additional, previously absent-from-the-record alternative surrogate value information. Therefore, parties should take note that surrogate value data that are introduced as rebuttal to a surrogate value submission generally will not fall within the meaning and applicability of 19 CFR 351.301(c)(1). *See Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission,* in Part, 72 FR 58809 (October 17, 2007) and accompanying Issues and Decision Memorandum at Comment 2. Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results of this new shipper review. *See* 19 CFR 351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 5 days after the deadline for submitting the case briefs. *See* 19 CFR 351.309(d). The Department requests that interested parties provide an executive summary of each argument contained within the case briefs and rebuttal briefs. Any interested party may request a hearing within 30 days of publication of these preliminary results. *See* 19 CFR 351.310(c). Requests should contain the following information:
(1)The party's name, address, and telephone number;
(2)the number of participants; and
(3)a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If we receive a request for a hearing, we plan to hold the hearing seven days after the deadline for submission of the rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. The Department intends to issue the final results of these new shipper reviews, which will include the results of its analysis raised in any such comments, within 90 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries on a per-unit basis. 10 calculate an assessment rate on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. If these preliminary results are adopted in our final results of review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) per-unit duty assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this is above *de minimis* . 10 We divided the total dumping margins (calculated as the difference between NV and EP or CEP) for each importer by the total quantity of subject merchandise sold to that importer during the POR to calculate a per-unit assessment amount. We will direct CBP to assess importer-specific assessment rates based on the resulting per-unit ( *i.e.* , per-kilogram) rates by the weight in kilograms of each entry of the subject merchandise during the POR. Cash-Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise from Anvifish entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act:
(1)For subject merchandise produced and exported by Anvifish, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or *de minimis* , no cash deposit will be required);
(2)for subject merchandise exported by Anvifish but not manufactured by Anvifish, the cash deposit rate will continue to be the Vietnam-wide rate ( *i.e.* , 63.88 percent); and
(3)for subject merchandise manufactured by Anvifish, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. If the cash deposit rate calculated in the final results is zero or *de minimis* , no cash deposit will be required for those specific producer-exporter combinations. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this determination in accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h)(i). Dated: January 22, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-1899 Filed 1-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-533-840] Certain Frozen Warmwater Shrimp from India; Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding the administrative reviews of the antidumping duty order on certain frozen warmwater shrimp from India for the period February 1, 2006, through January 31, 2007, for 114 companies, based on: 1) timely withdrawals of the review requests; 2) confirmed statements of no shipments during the period of review (POR); 3) our inability to locate certain companies; and/or 4) duplicated names in our notice of initiation. EFFECTIVE DATE: February 1, 2008. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-3874. SUPPLEMENTARY INFORMATION: Background On February 2, 2007, the Department published in the **Federal Register** a notice of opportunity to request an administrative review of the antidumping duty order on certain frozen warmwater shrimp from India for the period February 1, 2006, through January 31, 2007. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review* , 72 FR 5007 (Feb. 2, 2007). Between February 21, 2007, and February 28, 2007, in accordance with 19 CFR 351.213(b)(2), certain Indian producers and exporters requested a review of this antidumping duty order. In addition, on February 28, 2007, the petitioner> 1 and the Louisiana Shrimp Association
(LSA)also requested an administrative review for numerous Indian exporters of subject merchandise in accordance with 19 CFR 351.213(b)(1). 1 The petitioner in this proceeding is the Ad Hoc Shrimp Trade Action Committee. On March 17, 2007, in accordance with 19 CFR 351.213(d)(1), the petitioner withdrew its request for review for the following companies: 1) Amison Foods Ltd.; 2) Amison Seafoods Ltd.; 3) Baby Marine (Eastern) Exports; 4) Baby Marine Exports; 5) Baby Marine Products; 6) Cherukattu Industries (Marine Div.); 7) Global Sea Foods & Hotels Ltd.; 8) HA & R Enterprises; 9) InterSea Exports Corporation; 10) Kadalkanny Frozen Foods; 11) Lotus Sea Farms; 12) National Steel; 13) National Steel & Agro Ind.; 14) Nsil Exports; 15) Premier Marine Foods; 16) R.F. Exports; and 17) Vaibhav Sea Foods. In April 2007, the Department initiated an administrative review for 313 companies and we requested that each provide data on the quantity and value of its exports of subject merchandise to the United States during the POR. These companies are listed in the Department's notice of initiation. *See Notice of Initiation of Administrative Reviews of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp From Brazil, Ecuador, India and Thailand* , 72 FR 17100, 17102-17107 (Apr. 6, 2007) ( *Notice of Initiation* ). In addition, between April and July 2007, the Department received responses to quantity and value questionnaires from certain companies that indicated that they either: 1) had no shipments of subject merchandise to the United States during the POR; or 2) were duplicated in the *Notice of Initiation* . On July 5, 2007, in accordance with 19 CFR 351.213(d)(1), the LSA withdrew its request for review for 17 companies ( *i.e* , Amison Foods Ltd.; Amison Seafoods Ltd.; Baby Marine (Eastern) Exports; Baby Marine Exports; Baby Marine Products; Cherukattu Industries (Marine Div.); Global Sea Foods & Hotels Ltd.; HA & R Enterprises; InterSea Exports Corporation; Kadalkanny Frozen Foods; Lotus Sea Farms; National Steel; National Steel & Agro Ind.; Nsil Exports; Premier Marine Foods; R.F. Exports; and Vaibhav Sea Foods). Partial Rescission of Review As noted above, the petitioner and the LSA both withdrew their requests for an administrative review for each of the following companies within the time limits set forth in 19 CFR 351.213(d)(1): Amison Foods Ltd.; Amison Seafoods Ltd.; Baby Marine (Eastern) Exports; Baby Marine Exports; Baby Marine Products; Cherukattu Industries (Marine Div.); Global Sea Foods & Hotels Ltd.; HA & R Enterprises; InterSea Exports Corporation; Lotus Sea Farms; National Steel; National Steel & Agro Ind.; Nsil Exports; Premier Marine Foods; R.F. Exports; and Vaibhav Sea Foods. Section 351.213(d)(1) of the Department's regulations requires that the Secretary rescind an administrative review if a party requesting a review withdraws the request within 90 days of the date of publication of the notice of initiation. Therefore, because all requests for administrative reviews were timely withdrawn for the companies listed above, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review with regard to these companies. 2 2 Moreover, as noted above, the petitioner and the LSA also withdrew their requests for an administrative review for an exporter named Kadalkanny Frozen Foods. However, on April 23, 2007, Kadalkanny Frozen Foods informed the Department that it is a member of an affiliated group of companies (hereinafter referred to as "the Kadalkanny Group"). On December 20, 2007, the Department collapsed the members of the Kadalkanny Group. Because there are outstanding requests for review for the remaining members of this group, we are not rescinding the review for Kadalkanny Frozen Foods. In addition, in accordance with 19 CFR 351.213(d)(3), we are rescinding the review with respect to the following 70 companies because these companies reported no shipments of subject merchandise during the POR: 1) Abad Fisheries 2) Accelerated Freeze Drying Co. 3) Allana Frozen Foods Pvt. Ltd. 4) Allanasons Ltd. 5) Amalgam Foods & Beverages Limited 6) Amulya Sea Foods 7) Anjaneya Seafoods 8) Baby Marine International 9) Bhavani Seafoods 10) Bijaya Marine Products 11) Blue Water Foods & Exports 12) BMR Exports 13) Britto Exports 14) C P Aquaculture (India) Ltd. 15) Capithan Exporting Co 16) Chemmeens (Regd.) 17) Coastal Corporation Ltd. 18) Cochin Frozen Food Exports Pvt. Ltd. 19) Corlim Marine Exports Pvt. Ltd. 20) Esmario Export Enterprises 21) Forstar Frozen Foods Pvt. Ltd. 22) Frigerio Conserva Allana Limited 23) Frontline Exports Pvt. Ltd. 24) G A Randerian Ltd. 25) GKS Business Associates Pvt. Ltd. 26) Geo Aquatic Products
(P)Ltd. 27) Geo Seafoods 28) Grandtrust Overseas
(P)Ltd. 29) HIC AFB Special Foods Pvt. Ltd. 30) Hiravata Ice & Cold Storage 31) Hiravati Exports Pvt. Ltd. 32) Hiravati International P. Ltd. 33) Indian Aquatic Products 34) Innovative Foods Limited/Amalgam Foods Ltd. 35) International Freezefish Exports 36) Interseas 37) Jagadeesh Marine Exports 38) Jinny Marine Traders 39) K R M Marine Exports Ltd. 40) Kalyanee Marine 41) Kay Kay Exports 42) Koluthara Exports Ltd. 43) L.G. Seafoods 44) Lewis Natural Foods Ltd. 45) Libran Cold Storages
(P)Ltd. 46) M.S.C. Marine Exporters 47) Malnad Exports Pvt. Ltd. 48) Meenaxi Fisheries Pvt. Ltd. 49) Naga Hanuman Fish Packers 50) Naik Seafoods Ltd. 51) Pijikay International Exports P Ltd. 52) Pisces Seafood International 53) Raunaq Ice & Cold Storage 54) Raysons Aquatics Pvt. Ltd. 55) RBT Exports 56) Rohi Marine Private Ltd. 57) S Chanchala Combines 58) SSF Ltd. 59) Sagar Foods 60) Sagarvihar Fisheries Pvt. Ltd. 61) Sanchita Marine Products P Ltd. 62) Sawant Food Products 63) Silver Seafood 64) Sita Marine Exports 65) Sri Satya Marine Exports 66) Sri Venkata Padmavathi Marine Foods Pvt. Ltd. 67) Sterling Foods 68) TBR Exports Pvt Ltd. 69) Teekay Maine P. Ltd. 70) Victoria Marine & Agro Exports Ltd. We reviewed U.S. Customs and Border Protection
(CBP)data and confirmed that there were no entries of subject merchandise from any of these companies. Consequently, in accordance with 19 CFR 351.213(d)(3) and consistent with our practice, we are rescinding our review for the companies listed above. *See, e.g., Certain Steel Concrete Reinforcing Bars From Turkey; Final Results and Rescission of Antidumping Duty Administrative Review in Part* , 71 FR 65082, 65083 (Nov. 7, 2006) ( *Rebar from Turkey* ). *See also Certain Frozen Warmwater Shrimp From India; Partial Rescission of Antidumping Duty Administrative Review* , 71 FR 41419 (July 21, 2006). Further, with respect to the following companies, the Department either: 1) was unable to locate accurate addresses for them, and thus was unable to serve them with any information requests in this case; or 2) determined based on information on the record that the noted company names do not, or no longer, exist 3 : 1) AMI Food Products; 2) Atta Export; 3) Brilliant Exports; 4) Castlerock Seafoods Ltd; 5) Coastal Trawlers Ltd.; 6) Hanjar Ice and Cold Storage; 7) Haripriya Marine Food Exports; 8) I Ahamed & Company; 9) KNR Marine Exports; 10) KRM Group; 11) Nezami Rekha Sea Food; 12) Pronto Foods Pvt. Ltd.; 13) RVR Marine Products; 14) Royal Cold Storage (India) Pvt. Ltd; 15) S B Agro (India) Ltd.; 16) Saanthi Seafoods Ltd.; 17) Sharon Exports; 18) Sheimar Seafoods Ltd.; 19) Sree Vaialakshrm Exports; 20) Swarna Seafoods Ltd.; and 21) Wisdom Marine Exports. *See* the June 1, 2007, Memorandum to the File from Elizabeth Eastwood entitled, “2006-2007 Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from Brazil, India, and Thailand: Information Regarding Incorrect Addresses.” See also the June 4, 2007, Memorandum to the File from Elizabeth Eastwood entitled, “Revisions to June 1, 2007, Memorandum Regarding Incorrect Addresses in the 2006-2007 Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from India.” Subsequently, we contacted the petitioner and the LSA and requested that they provide alternate addresses for these companies. For the companies noted above, we note that neither the petitioner nor the LSA was able to provide alternate addresses or, if they did provide additional address information, the new addresses continued to be “undeliverable.” Consequently, in accordance with our practice, we are also rescinding our review with respect to these companies. *See Rebar from Turkey* , 71 FR at 65083. 3 *See* the July 19, 2007, Memorandum from James Maeder to Stephen J. Claeys entitled, “2006-2007 Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from India: Selection of Respondents for Individual Review” at Attachment 6. The Department has also received information that the following company names are duplicate names: 1) Innovative Foods Limited/Amalgam Foods Limited; 2) K.V. Marine Exports; 3) M.S.C. Marine Exporters; 4) Sprint Exports; and 5) Universal Cold Storage Ltd. These names are either: 1) partial versions of names of other companies for which we initiated an administrative review ( *i.e.* , Sprint Exports Pvt. Ltd. and Universal Cold Storage Private Limited); or 2) companies for which we initiated multiple administrative reviews because the petitioner, the LSA, and/or the respondent listed separate addresses for these companies in their review requests ( *i.e.* , Innovative Foods Limited/Amalgam Foods Limited 4 ; M.S.C. Marine Exporters 5 ; and K.V. Marine Exports). Therefore, we are also rescinding the review with respect to these duplicate company names/addresses. 4 We are rescinding our review with respect to Innovative Foods Limited/Amalgam Foods Limited because the company had no shipments during the POR. *See* page 5, above. 5 We are rescinding our review with respect to M.S.C. Marine Exporters because the company had no shipments during the POR. *See* page 5, above. Finally, the Department received no-shipment responses from the following companies for which there appeared to be U.S. customs entries of subject merchandise: 1) Ayshwarya Seafood Private Limited; and 2) Triveni Fisheries
(P)Ltd. We requested data on the relevant entries from CBP and determined that the entries were not reportable transactions because they were reported by another company in its quantity and value questionnaire. Under these circumstances, we determine that these companies satisfy the requirement under 19 CFR 351.213(d)(3) not to have “entries, exports, or sales of the subject merchandise,” and, consistent with the Department's practice, we are rescinding the review with respect to these companies. *See, e.g., Certain Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination to Revoke in Part* , 70 FR 67665, 67666 (Nov. 8, 2005). This notice is published in accordance with section 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: January 25, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-1895 Filed 1-31-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-848] Freshwater Crawfish Tail Meat From the People's Republic of China: Notice of Extension of Time Limit for the Final Results of the 2005-2006 Antidumping Duty Administrative Review and 2005-2006 New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce EFFECTIVE DATE: February 1, 2008. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Jeff Pedersen, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-3518 and
(202)482-2769, respectively. SUPPLEMENTARY INFORMATION: Background On October 30, 2006, the Department of Commerce (“Department”) published a notice of initiation of four new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (“PRC”). *See Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews* , 71 FR 63284 (October 30, 2006). On October 31, 2006, the Department of Commerce (“Department”) published a notice of initiation of administrative review of the antidumping duty order on freshwater crawfish tail meat from the PRC. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 63752 (October 31, 2006). On March 23, 2007, the Department aligned the time limits in the new shipper reviews with the time limits in the administrative review. * See Freshwater Crawfish Tail Meat From the People's Republic of China: Notice of Postponement of Time Limits for New Shipper Antidumping Duty Reviews in Conjunction With Administrative Review * , 72 FR 13744 (March 23, 2007). On October 9, 2007, the Department published the preliminary results. *See Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results and Partial Rescission of the 2005-2006 Antidumping Duty Administrative Review and Preliminary Intent to Rescind 2005-2006 New Shipper Reviews* , 72 FR 57288 (October 9, 2007). These reviews cover the period September 1, 2005, through August 31, 2006. The final results of the administrative review and the new shipper reviews are currently due by February 6, 2008. Extension of Time Limit for Final Results of Reviews Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), the Department shall make a final determination in an administrative review of an antidumping duty order within 120 days after the date on which the preliminary results were published. The Act further provides, however, that the Department may extend that 120-day period to 180 days after publication of the preliminary results if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the final results of the administrative review and new shipper reviews of freshwater crawfish tail meat from the PRC within the 120-day period because it requires additional time to analyze a complicated sales reporting issue. In accordance with section 751(a)(3)(A) of the Act, the Department is fully extending the time period for completion of the final results of these reviews by 60 days to 180 days after the date on which the preliminary results were published. Therefore, the final results are now due no later than April 6, 2008. However, as that date falls on a Sunday, the final results will be due no later than the next business day, Monday, April 7, 2008. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act and 19 CFR 351.213(h)(2). Dated: January 25, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-1910 Filed 1-31-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (“Sunset”) Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating a five-year review (“Sunset Review”) of the antidumping duty orders listed below. The International Trade Commission (“the Commission”) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. EFFECTIVE DATE: February 1, 2008. FOR FURTHER INFORMATION CONTACT: The Department official identified in the *Initiation of Review(s)* section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at
(202)205-3193. SUPPLEMENTARY INFORMATION: Background The Department's procedures for the conduct of Sunset Reviews are set forth in its *Procedures for Conducting Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders,* 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3— *Policies Regarding the Conduct of Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin,* 63 FR 18871 (April 16, 1998). Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty orders: DOC case No. ITC case No. Country Product Department contact A-821-817 731-TA-991 Russia Silicon Metal Dana Mermelstein
(202)482-1391 A-489-807 731-TA-745 Turkey Steel Concrete Reinforcing Bars (2nd Review) Brandon Farlander
(202)482-0182 Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the pertinent statute and Department's regulations, the Department's schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department's sunset Internet Web site at the following address: “ *http://ia.ita.doc.gov/sunset/* .” All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (“APO”) immediately following publication in the **Federal Register** of the notice of initiation of the sunset review. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required From Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and
(G)of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews must respond not later than 15 days after the date of publication in the **Federal Register** of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. *See* 19 CFR 351.218(d)(1)(iii). For sunset reviews of countervailing duty orders, parties wishing the Department to consider arguments that countervailable subsidy programs have been terminated must include with their substantive responses information and documentation addressing whether the changes to the program were
(1)limited to an individual firm or firms and
(2)effected by an official act of the government. Further, a party claiming program termination is expected to document that there are no residual benefits under the program and that substitute programs have not been introduced. *Cf.* 19 CFR 351.526(b) and (d). If a party maintains that any of the subsidies countervailed by the Department were not conferred pursuant to a subsidy program, that party should nevertheless address the applicability of the factors set forth in 19 CFR 351.526(b) and (d). Similarly, parties wishing the Department to consider whether a company's change in ownership has extinguished the benefit from prior non-recurring, allocable, subsidies must include with their substantive responses information and documentation supporting their claim that all or almost all of the company's shares or assets were sold in an arm's length transaction, at a price representing fair market value, as described in the *Notice of Final Modification of Agency Practice Under Section 123 of the Uruguay Round Agreements Act* , 68 FR 37125 (June 23, 2003) (“ *Modification Notice* ”). *See Modification Notice* for a discussion of the types of information and documentation the Department requires. If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that *all parties* wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the **Federal Register** of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Please consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. 1 Please consult the Department's regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: January 23, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-1896 Filed 1-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Public Meeting SUMMARY: The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet March 27, 2008. Date and Time: The meeting is scheduled as follows: March 27, 2008, 9 a.m.-4 p.m. The first part of this meeting will be closed to the public. The public portion of the meeting will begin at 1 p.m. ADDRESSES: The meeting will be held in the Auditorium of the National Association of Home Builders Building, Washington, DC, located at 1201 15th Street, NW., Washington, DC 20005. While open to the public, seating capacity may be limited. SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1982), notice is hereby given of the meeting of ACCRES. ACCRES was established by the Secretary of Commerce (Secretary) on May 21, 2002, to advise the Secretary through the Under Secretary of Commerce for Oceans and Atmosphere on long- and short-range strategies for the licensing of commercial remote sensing satellite systems. Matters To Be Considered The first part of the meeting will be closed to the public pursuant to Section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, as amended by Section 5(c) of the Government in Sunshine Act, Pub. L. 94-409 and in accordance with Section 552b(c)(1) of Title 5, United States Code. Accordingly, portions of this meeting which involve the ongoing review and implementation of the April 2003 U.S. Commercial Remote Sensing Space Policy and related national security and foreign policy considerations for NOAA's licensing decisions are closed to the public. These briefings are likely to disclose matters that are specifically authorized under criteria established by Executive Order 12958 to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order. All other portions of the meeting will be open to the public. During the open portion of the meeting, the Committee will receive updates on NOAA's licensing activities and there will be a presentation on orbital debris. The committee will also be available to receive public comments on its activities. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed to ACCRES, NOAA/NESDIS International and Interagency Affairs Office, 1335 East-West Highway, Room 7311, Silver Spring, Maryland 20910. Additional Information and Public Comments Any member of the public wishing further information concerning the meeting or who wishes to submit oral or written comments should contact Kay Weston, Designated Federal Officer for ACCRES, NOAA/NESDIS International and Interagency Affairs Office, 1335 East-West Highway, Room 7311, Silver Spring, Maryland 20910. Copies of the draft meeting agenda can be obtained from David Hasenauer at
(301)713-2024 ext. 207, fax
(301)713-2032, or e-mail *David.Hasenauer@noaa.gov* . The ACCRES expects that public statements presented at its meetings will not be repetitive of previously-submitted oral or written statements. In general, each individual or group making an oral presentation may be limited to a total time of five minutes. Written comments (please provide at least 13 copies) received in the NOAA/ NESDIS International and Interagency Affairs Office on or before March 20, 2008, will be provided to Committee members in advance of the meeting. Comments received too close to the meeting date will normally be provided to Committee members at the meeting. FOR FURTHER INFORMATION CONTACT: Kay Weston, NOAA/NESDIS International and Interagency Affairs, 1335 East West Highway, Room 7313, Silver Spring, Maryland 20910; telephone
(301)713-2024 x205, fax
(301)713-2032, e-mail *Kay.Weston@noaa.gov* , or David Hasenauer at telephone
(301)713-2024 x207, e-mail *David.Hasenauer@noaa.gov* . Mary E. Kicza, Assistant Administrator for Satellite and Information Services. [FR Doc. E8-1814 Filed 1-31-08; 8:45 am] BILLING CODE 3510-HR-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-OS-0108] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by March 3, 2008. *Title and OMB Number:* Revitalizing Base Closure Communities, Economic Development Conveyance Annual Financial Statement; OMB Number 0790-0004. *Type of Request:* Extension. *Number of Respondents:* 79. *Responses Per Respondent:* 1. *Annual Responses:* 79 *Average Burden Per Response:* 40 hours. *Annual Burden Hours:* 3,160. *Needs and Uses:* This information collection requirement is necessary to verify that Local Redevelopment Authority
(LRA)recipients of non-cost Economic Development Conveyances
(EDCs)are in compliance with the requirement that the LRA reinvest proceeds from the use of EDC property for seven years. *Affected Public:* State, local or tribal governments; not-for-profit institutions. *Frequency:* Annual. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. Comments may be e-mailed to Ms. Mar at *Sharon_Mar@omb.eop.gov* . You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DoD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: January 25, 2008. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-1851 Filed 1-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-OS-0091] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Dates:* Consideration will be given to all comments received by March 3, 2008. *Title, Form, and OMB Number:* Survivor Benefit Plan (SBP)/Reserve Component
(RC)SBP Request for Deemed Election; DD Form 2656-10; OMB Number 0704-TBD. *Type of Request:* New. *Number of Respondents:* 1,200. *Responses Per Respondent:* 1. *Annual Responses:* 1,200. *Average Burden Per Response:* 20 minutes. *Annual Burden Hours:* 400. *Needs and Uses:* This information collection requirement is necessary to properly identify the former spouse who is eligible to request a deemed SBP election on behalf of the member. Since a Uniformed Services member may have more than one former spouse, the requested information will serve to identify the correct former spouse. *Affected Public:* Individuals or households. *Frequency:* On Occasion. *Respondent's Obligation:* Required to Obtain or Retain Benefits. *OMB Desk Officer:* Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. Comments may be e-mail to Ms. Mar at *Sharon_Mar@omb.eop.gov* . You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DOD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: January 25, 2008. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-1856 Filed 1-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-OS-0090] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Dates:* Consideration will be given to all comments received by March 3, 2008. *Title, Form, And OMB Number:* Request for Verification of Birth; DD Form 372; OMB Control Number 0704-0006. *Type Of Request:* Extension. *Number Of Respondents:* 100,000. *Responses Per Respondent:* 1. *Annual Responses:* 100,000. *Average Burden Per Response:* 5 minutes. *Annual Burden Hours:* 8,300. *Needs And Uses:* Title 10, U.S.C. 505, 532, 3253, and 8253 require applicants meet minimum and maximum age and citizenship requirements for enlistment into the Armed Forces. If an applicant is unable to provide a birth certificate, the recruiter will forward a DD Form 372, “Request for Verification of Birth,” to a state or local agency requesting verification of the applicant's birth date. This verification of birth ensures that the applicant does not fall outside the age limitations, and that the applicant's place of birth supports the citizenship status claimed by the applicant. *Affected Public:* State, local or tribal government. *Frequency:* On Occasion. *Respondent's Obligation:* Required to obtain or retain a benefit. *OMB Desk Officer:* Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. Comments may be e-mailed to Ms. Mar at *Sharon_Mar@omb.eop.gov* . You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DOD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: January 25, 2008. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-1857 Filed 1-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-OS-0055] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Dates:* Consideration will be given to all comments received by March 3, 2008. *Title, Form, and OMB Number:* Application for Discharge of Member or Survivor of Member of Group Certified to Have Performed Active Duty with the Armed Forces of the United States; DD Form 2168; OMB Number 0704-0100. *Type of Request:* Extension. *Number of Respondents:* 2,700. *Responses Per Respondent:* 1. *Annual Responses:* 2,700. *Average Burden Per Response:* 30 minutes. *Annual Burden Hours:* 1,350. *Needs and Uses:* This information collection requirement is necessary to implement Public Law 95-202, section 401 (codified at 38 U.S.C. 106 Note) which directs the Secretary of Defense to determine if civilian employment or contractual service rendered by groups to the Armed Forces of the United States shall be considered active duty. This information is collected on DD Form 2168, “Application for Discharge of Member or Survivor of Member of Group Certified to Have Performed Active Duty with the Armed Force of the United States” which provides the necessary information to assist each of the Military Departments in determining if an applicant was a member of a group which has performed active military service. Those individuals who have been recognized as a member of an approved group are eligible for benefits provided for by laws administered by the Veteran's Administration. *Affected Public:* Individuals or households. *Frequency:* On Occasion *Respondent's Obligation:* Required to Obtain or Retain Benefits. *OMB Desk Officer:* Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. Comments may be e-mail to Ms. Mar at *Sharon_Mar@omb.eop.gov* . You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DOD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: January 25, 2008. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-1858 Filed 1-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket No. USA-2007-0014] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by March 3, 2008. *Title and OMB Number:* Assessing Human Response to Military Impulse Noise; OMB Control Number 0710-TBD. *Type of Request:* New. *Number of Respondents:* 2,975. *Responses per Respondent:* 1. *Annual Responses:* 2,975. *Average Burden per Response:* 1.349 hours average. *Annual Burden Hours:* 4,013. *Needs and Uses:* This information collection requirement is necessary to obtain information on the relationship between community annoyance and complaints, related to impulsive noise from military installations. The information will provide the necessary tools and guidance for military installations to effectively balance the need for training operations at military installations with public safety and welfare. The information will be gathered over a period of five years. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* Mr. Jim Laity. Written comments and recommendations on the proposed information collection should be sent to Mr. Laity at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DOD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: January 25, 2008. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-1855 Filed 1-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION National Institute on Disability and Rehabilitation Research—Disability and Rehabilitation Research Projects and Centers Program—Disability Rehabilitation Research Projects (DRRPs), Rehabilitation Research and Training Centers (RRTCs), and Rehabilitation Engineering Research Centers (RERCs) AGENCY: Office of Special Education and Rehabilitative Services (OSERS), Department of Education. ACTION: Notice of final priorities for DRRPs, RRTCs, and RERCs. SUMMARY: The Assistant Secretary for Special Education and Rehabilitative Services announces certain funding priorities for the Disability and Rehabilitation Research Projects and Centers Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice announces nine priorities for DRRPs, five priorities for RRTCs, and six priorities for RERCs. The Assistant Secretary may use these priorities for competitions in fiscal year
(FY)2008 and later years. We take this action to focus research attention on areas of national need. We intend these priorities to improve rehabilitation services and outcomes for individuals with disabilities. DATES: *Effective Date:* These priorities are effective March 3, 2008. FOR FURTHER INFORMATION CONTACT: Donna Nangle, U.S. Department of Education, 400 Maryland Avenue, SW., room 6029, Potomac Center Plaza, Washington, DC 20202-2700. Telephone:
(202)245-7462 or via Internet: *donna.nangle@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: We published a notice of proposed priorities
(NPP)for NIDRR's Disability and Rehabilitation Research Projects and Centers Program in the **Federal Register** on August 31, 2007 (72 FR 50516). The NPP included a background statement that described our rationale for each priority proposed in that notice. In this notice, we are announcing nine priorities for DRRPs, five priorities for RRTCs, and six priorities for RERCs. For DRRPs, the final priorities are: • *Priority 1* —Health Care Coordination for Individuals With Physical Disabilities. • *Priority 2* —Health and Health Care Disparities Among Individuals With Disabilities. • *Priority 3* —Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects. • *Priority 4* —Classification and Measurement of Medical Rehabilitation Interventions. • *Priority 5* —Vocational Rehabilitation Service Models for Individuals With Autism Spectrum Disorders. • *Priority 6* —Center on Knowledge Translation for Technology Transfer. • *Priority 7* —Asset Accumulation and Economic Self-Sufficiency for Individuals With Disabilities. • *Priority 8* —Technology Access in Resource-Limited Environments. • *Priority 9* —Research and Knowledge Translation Center for Individuals With Disabilities and Their Families. For RRTCs, the final priorities are: • *Priority 10* —General Rehabilitation Research and Training Center
(RRTC)Requirements. • *Priority 11* —Personal Assistance Services
(PAS)in the 21st Century. • *Priority 12* —Disability Statistics and Demographics. • *Priority 13* —Health and Function Across the Lifespan of Individuals With Intellectual and Developmental Disabilities. • *Priority 14* —Community Living and Employment for Individuals With Intellectual and Developmental Disabilities. For RERCs, the final priorities are: • *Priority 15* —RERC for Hearing Enhancement. • *Priority 16* —RERC for Accessible Public Transportation. • *Priority 17* —RERC for Prosthetics and Orthotics. • *Priority 18* —RERC for Communication Enhancement. • *Priority 19* —RERC for Universal Interface and Information Technology Access. • *Priority 20* —RERC for Wheeled Mobility. The Department is not finalizing certain priorities that were proposed in the NPP; we identify those priorities in the *Analysis of Comments and Changes* section of this notice of final priorities (NFP). The Department intends to revisit some of the priorities not being finalized in this NFP and to publish revised versions of those priorities in one or more separate notices of proposed priorities. There are also other differences between the NPP and this NFP. Specifically, we have made changes to the following priorities: Priority 3—Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects (Proposed Priority 4 in the NPP); Priority 6—Center on Knowledge Translation for Technology Transfer (Proposed Priority 7—Center on Knowledge Translation for Assistive Technology Transfer in the NPP); Priority 8—Technology Access in Resource-Limited Environments (Proposed Priority 9—Technology Transfer in Resource-Limited Environments in the NPP); Priority 9—Research and Knowledge Translation Center for Individuals With Disabilities and Their Families (Proposed Priority 10 in the NPP); Priority 10—General Rehabilitation Research and Training Center
(RRTC)Requirements (Proposed Priority 11 in the NPP); Priority 11—Personal Assistance Services
(PAS)in the 21st Century (Proposed Priority 15 in the NPP); Priority 14—Community Living and Employment for Individuals With Intellectual and Developmental Disabilities (Proposed Priority 21—Participation and Community Living for Individuals With Intellectual and Developmental Disabilities in the NPP); and Priority 15—RERC for Hearing Enhancement (Proposed Priority 22 in the NPP). Analysis of Comments and Changes In response to our invitation in the NPP, 90 parties submitted comments on the proposed priorities that are announced in this NFP. An analysis of the comments and the changes in the priorities since the publication of the NPP follows. We discuss substantive issues under the priorities to which they pertain. Generally, we do not address technical and other minor changes, or suggested changes the law does not authorize us to make under the applicable statutory authority. In addition, we do not address general comments that raised concerns not directly related to the proposed priorities. Proposed Priority 2—Assistive Technology Reuse; Proposed Priority 12—Enhancing the Health and Wellness of Individuals With Neuromuscular Diseases; and Proposed Priority 13—Enhancing the Health and Wellness of Individuals With Arthritis *Comments:* None. *Discussion:* In order to make NIDRR's resources available for work that builds strategically on new initiatives and priorities in OSERS and the Department, NIDRR has decided not to finalize Proposed Priority 2—Assistive Technology Reuse; Proposed Priority 12—Enhancing the Health and Wellness of Individuals With Neuromuscular Diseases; and Proposed Priority 13—Enhancing the Health and Wellness of Individuals With Arthritis. *Changes:* We are not including the following proposed priorities in this notice: Proposed Priority 2—Assistive Technology Reuse, Proposed Priority 12—Enhancing the Health and Wellness of Individuals With Neuromuscular Diseases, and Proposed Priority 13—Enhancing the Health and Wellness of Individuals With Arthritis. Proposed Priority 14—Stroke Rehabilitation; Proposed Priority 16—Participation and Community Living for Individuals With Psychiatric Disabilities; Proposed Priority 17—Multiple Sclerosis: Interventions to Maximize Health, Well Being, and Participation; and Proposed Priority 18—Aging With Physical Disability: Reducing Secondary Conditions and Enhancing Health and Participation *Comment:* We received seven comments seeking clarification on terms used in proposed priorities 14, 16, 17, and 18. *Discussion:* NIDRR appreciates the feedback provided by commenters regarding these priorities; however, we have decided not to finalize these priorities at this time. Instead, we intend to revisit these five priorities and to publish one or more new notices proposing revised versions of them. The Department takes this action to better align the priorities with other work being done by OSERS. Specifically, we intend to revise these priorities to focus on outcomes related to employment and vocational rehabilitation services. A focus on employment and vocational rehabilitation services outcomes is consistent with the work being done by other programs within OSERS. *Changes:* We are not including the following proposed priorities in this notice: Proposed Priority 14—Stroke Rehabilitation; Proposed Priority 16—Participation and Community Living for Individuals With Psychiatric Disabilities; Proposed Priority 17—Multiple Sclerosis: Interventions to Maximize Health, Well Being, and Participation; and Proposed Priority 18—Aging With Physical Disability: Reducing Secondary Conditions and Enhancing Health and Participation. DRRPs Priority 3—Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects (Proposed Priority 4) *Comment:* One commenter asked whether a study funded under this priority could include individuals with traumatic brain injury
(TBI)as well as individuals with non-traumatic brain injury. The commenter noted that, while some study topics are appropriately organized along medical diagnostic boundaries, there are other topics where the problems of individuals with traumatic and non-traumatic brain injuries substantially overlap and where the “active ingredients” of an intervention would not be expected to vary with the etiology of the damage. *Discussion:* If the proposed study is conducted for the purpose of improving the lives of persons with TBI, then the enrollment of a sample of subjects with mixed etiologies (i.e., individuals with traumatic brain injuries and individuals with non-traumatic brain injuries) in that study is permissible. Nothing in this priority prohibits an applicant from proposing a study that includes both individuals with traumatic brain injuries and individuals with non-traumatic brain injuries. The peer review process will evaluate the merits of the proposals received under this priority. *Changes:* None. *Comment:* None. *Discussion:* Upon further review of this priority, NIDRR determined that it is appropriate to identify the types of service providers to whom research results must be disseminated. NIDRR believes that it is particularly important to disseminate the results of the research conducted under this priority to vocational rehabilitation and independent living service providers described in Titles I and VII of the Rehabilitation Act of 1973, as amended. At least five million individuals in the United States live with significant disabilities due to TBI. A large percentage of these individuals do not return to their pre-injury vocational or community roles. The results of the research sponsored under this priority have the potential to be of great utility to providers of vocational rehabilitation and independent living services who serve individuals with TBI. Thus, NIDRR decided to identify these types of service providers as examples of audiences to whom the research results must be disseminated. *Changes:* We have added vocational rehabilitation and independent living service providers as specific audiences to receive dissemination materials that result from the research carried out under this priority. Priority 4—Classification and Measurement of Medical Rehabilitation Interventions (Proposed Priority 5) *Comment:* One commenter suggested that paragraph
(a)of this priority be amended to list music therapists as a specific example of “other allied health professionals.” *Discussion:* The priority includes the primary allied health professionals (physical therapists, occupational therapists, and speech language pathologists) involved in rehabilitation interventions. We referred to “other allied health professionals” in this priority to acknowledge that there are a number of other health professionals that provide rehabilitation interventions and to allow applicants to propose research that reflects the breadth of clinical expertise that is involved in the practice of medical rehabilitation. Applicants may propose research that includes development of methods for the classification of music therapy interventions under this priority. However, NIDRR does not find it necessary to include music therapists as a specific example of “other allied health professionals.” *Changes:* None. Priority 6—Center on Knowledge Translation for Technology Transfer (Proposed Priority 7) *Comment:* None. *Discussion:* NIDRR decided, upon review of the proposed priority, that limiting the activities of this priority to assistive technology was too restrictive because it would not allow applicants to focus on the range of technology developed by NIDRR funding. *Changes:* The priority title has been changed to “Center on Knowledge Translation for Technology Transfer.” *Comment:* None. *Discussion:* Upon further review of this priority, NIDRR has determined that the list of technology areas specified in the second paragraph is not fully inclusive of all technology areas covered by NIDRR's research portfolio, and that it, therefore, should not be a basis for limiting the scope of original research carried out by the Center. *Changes:* We have revised the second paragraph of the priority by deleting the brief list of technology areas. We have clarified the language to indicate that the Center's original research and development must concentrate on no more than three technology areas that are the focus of current NIDRR technology grantees. Information on technology research funded by NIDRR can be found at *http://www.naric.com/research/pd/priority.cfm* . Each applicant must define and justify its focus. The peer review panel will evaluate the merits of each proposal under this priority. *Comment:* One commenter noted that requiring a grantee under this priority to focus on no more than three technology areas limits the usefulness of the Center. With this restriction, the commenter argued, the grantee would not be able to provide training and technical assistance to RERCs and other technology-related NIDRR grantees whose research and development activities fall outside of the selected technology areas. Two other commenters expressed a concern that, by focusing only on technology produced with NIDRR resources, this priority lacked a broad approach to transferring technology for use by people with disabilities. *Discussion:* NIDRR believes that limiting the Center's original research and development activities under this priority to specific technology areas that are the focus of current NIDRR-technology grantees is appropriate and that this limitation does not diminish the usefulness of the Center. Information on technology research funded by NIDRR can be found at *http://www.naric.com/research/pd/priority.cfm.* The purpose of this priority is three-fold:
(1)Identifying and compiling existing information on how the results of scientifically based research can be used to develop and improve technology for persons with disabilities (pursuant to paragraphs (a)(1) and (b)(1) of the priority),
(2)conducting research and development in a limited number of specific technology areas (pursuant to paragraphs (a)(2), (b)(2), and (b)(3) of the priority), and
(3)providing training and technical assistance to NIDRR-funded technology grantees to help them enhance their technology transfer activities. The limitation on how many technology areas on which a Center may focus only applies to its original research and development. We believe this limitation helps ensure the feasibility and quality of the proposed projects and increases the likelihood of achieving planned outcomes by ensuring that funding is not spread across too many projects. NIDRR understands that the findings from the Center's original research may not be applicable to the work of all NIDRR-funded technology grantees. However, we believe that the Center's compilation of existing research on the knowledge translation for technology transfer will enable it to provide all of NIDRR's research grantees with technical assistance on knowledge translation for technology transfer more generally. In response to the two commenters' concerns about the priority's limited approach to transferring technology for individuals with disabilities, we acknowledge that the training and technical assistance components of this priority are designed to assist current NIDRR technology grantees with their technology transfer activities. NIDRR believes that it is critical to ensure that the results of its investment in technology are transferred to practitioners and ultimately to the individuals with disabilities who can benefit from these technological developments. *Changes:* NIDRR has revised the second paragraph of the priority to clarify that the limit on technology areas only applies to the original research and development conducted by the Center. In addition, we have revised this paragraph to clarify that NIDRR intends that the information identified and collected by the Center in accordance with paragraphs (a)(1) and (b)(1) of the priority will serve as a knowledge base for the training and technical assistance to be provided to NIDRR technology grantees. *Comment:* Two commenters suggested that paragraph
(c)of the priority should be clarified to articulate the role of NIDRR-funded technology grantees who are to receive the training and technical assistance provided by the Center, including RERCs that will be funded in FY 2008. These commenters expressed concern that the Center would not be able to ensure the outcome of increased utilization of validated best practices pursuant to paragraph
(c)of the priority if NIDRR-funded technology grantees are not required to receive and implement the training and technical assistance offered by the Center. *Discussion:* According to the priority, the Center must contribute to—not ensure—the outcome of increased utilization of validated best practices for knowledge translation for technology transfer. Toward that end, this priority describes the training and technical assistance that must be provided by the Center. The priority cannot specify the role or requirements of previously funded NIDRR technology grantees. To promote the training and technical assistance provided by the Center, NIDRR will facilitate and coordinate effective collaborative relationships between the Center and NIDRR-funded technology grantees through its project monitoring efforts. *Changes:* None. Priority 7—Asset Accumulation and Economic Self-Sufficiency for Individuals With Disabilities (Proposed Priority 8) *Comment:* One commenter recommended that projects funded under this priority be required to use Federal demonstration authority to develop and field test methods and procedures that produce sustainable “transformational reforms” within Federal and State policies and program rules. *Discussion:* We assume that by “Federal demonstration authority” the commenter is referring to the authority under the Rehabilitation Act of 1973, as amended, for the DRRPs to conduct demonstration projects. The DRRP mechanism under which this priority is authorized (see section 204(a) of the Rehabilitation Act of 1973, as amended (29 U.S.C. 764(a)) enables grantees to conduct demonstrations to maximize the economic and social self-sufficiency of individuals with disabilities. Under this priority, an applicant could propose to conduct demonstrations to develop and field-test methods for producing sustainable changes to Federal and State policies and program rules that impact the economic self-sufficiency of individuals with disabilities. NIDRR does not have a sufficient basis for requiring that all applicants propose such demonstrations or methods. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* One commenter recommended that the DRRP under this priority be required to focus exclusively on increasing the understanding of the differences of how disability-specific policies, on the one hand, and general policies, on the other hand, differ in addressing asset accumulation and economic self-sufficiency issues, and changes in systems that are needed to overcome barriers to savings and asset building for individuals with disabilities. *Discussion:* Under this priority, an applicant could focus on increasing the understanding of the differences between disability-specific and generic policies and changes in systems that are needed to overcome barriers to savings and asset building for individuals with disabilities. Nothing in the priority precludes an applicant from proposing to focus on these types of systems-level analyses. However, the DRRP funded under this priority also must generate new knowledge about individual-level characteristics that may affect savings and asset accumulation, as described in paragraph
(a)of the priority. Accordingly, if an applicant chooses to focus on the type of systems-level analysis suggested by the commenter, it must also design its project to generate new knowledge about individual-level characteristics. *Changes:* None. *Comment:* Three commenters recommended that the DRRP funded under this priority be required to provide to the disability community continuously-updated information on relevant State and Federal policy changes related to asset accumulation and economic self-sufficiency. *Discussion:* Within the framework of this priority, an applicant could propose to provide to the disability community continuously-updated information on relevant State and Federal policy changes. Nothing in the priority precludes an applicant from proposing to provide this type of service. The peer review panel will evaluate the merits of the proposals received under this priority. *Changes:* None. *Comment:* One commenter suggested that the DRRP funded under this priority develop partnerships with the Social Security Administration and the Department of Labor to promote cross-agency data collection efforts. *Discussion:* Under this priority, an applicant could propose that the DRRP develop partnerships with the Social Security Administration and the Department of Labor to promote cross-agency data collection efforts. While nothing in the priority precludes an applicant from proposing such partnerships, NIDRR does not have a sufficient basis to require that each applicant do so. The peer review panel will evaluate the merits of the proposals received under this priority. *Changes:* None. *Comment:* Two commenters suggested that the DRRP funded under this priority focus on the barriers to, and facilitators of, economic self-sufficiency for individuals with disabilities with earnings over $40,000 per year. *Discussion:* As described in the priority, NIDRR is interested in research that focuses on the barriers to, and facilitators of, economic self-sufficiency among low- to moderate-income individuals with disabilities. Each applicant is permitted to define the term “low- to moderate-income” in a way that reflects the needs and circumstances of the population of individuals with disabilities that the applicant is targeting. Thus, the applicant could propose a project that focuses on the barriers to, and facilitators of, economic self sufficiency for individuals with disabilities who have earnings of over $40,000 per year. However, NIDRR does not have a sufficient basis for requiring all applicants to propose such a focus. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* One commenter suggested that the DRRP funded under this priority examine the outcomes of individuals with disabilities who participate in tax and financial service asset building programs and that the priority be revised to decrease the emphasis on generating new knowledge about individual-level characteristics associated with savings and asset accumulation. *Discussion:* NIDRR agrees that the DRRP under this priority should focus on the effect of individual participation in asset accumulation programs and has provided for such a focus under paragraph
(b)of the priority. That said, in order for these asset accumulation programs to be targeted appropriately in the future, the DRRP also must generate new knowledge about individual-level characteristics associated with savings and asset accumulation, as described in paragraph
(a)of the priority. Accordingly, under the priority, applicants may propose to examine the outcomes of individuals with disabilities who participate in tax and financial service asset building programs, but, if they do so, they must also design their projects to generate new knowledge about individual-level characteristics associated with savings and asset accumulation. *Changes:* None. *Comment:* Three commenters suggested that by limiting the number of asset accumulation interventions to be developed and tested to two in paragraph
(b)of the priority, NIDRR would preclude the DRRP funded under this priority from focusing on complex interventions that include more than two strategies to promote asset accumulation. *Discussion:* NIDRR has limited the number of asset accumulation interventions in this priority to help ensure the feasibility and quality of the proposed projects and to increase the likelihood of achieving planned outcomes. This pragmatic limitation does not preclude developing and testing one or two complex, well-defined interventions that include multiple asset accumulation strategies. The peer review panel will evaluate the merits of the proposals received under this priority. *Changes:* None. Priority 8—Technology Access in Resource-Limited Environments (Proposed Priority 9) *Comment:* One commenter expressed concern that the term “technology transfer,” as used in this priority, is not consistent with the standard usage of that term. The commenter explained that “technology transfer” typically refers to the process of translating research into products and devices, or to the process of moving products from the prototype stage to commercialization. *Discussion:* As described in the *Background* statement of this priority in the NPP, the purpose of this priority is to focus on the need for research to determine effective methods of designing, developing, and manufacturing low-cost, high-quality products and distributing them and providing information regarding them to individuals in resource-limited environments. In the proposed priority, the term “technology transfer” appeared only in the title of the priority. In order to avoid confusion among potential applicants and more accurately convey the purpose of this priority, NIDRR is changing the title of the priority. *Changes:* NIDRR has changed the title of this priority to “Technology Access in Resource-Limited Environments.” *Comment:* One commenter asked whether the term “resource-limited environments” includes urban, inner city areas in the United States (U.S.) or in developing countries. *Discussion:* As used in this priority, NIDRR intends the term “resource-limited environments” to include resource-limited environments in rural areas as well as urban, inner city areas in the U.S. and in developing countries. While NIDRR is particularly interested in research to promote the effective provision of technology to individuals with disabilities engaged in agricultural occupations, nothing in this priority precludes a grantee from focusing its research on increasing access to and awareness of technology products in resource-limited urban areas in the U.S., developing countries, or both. *Changes:* None. *Comment:* One commenter requested clarification on whether the focus of the priority is to improve conditions for people with disabilities in the U.S. or in developing countries. *Discussion:* Our intent is to permit grantees under this priority to focus on resource-limited environments in the U.S., in developing countries, or both. Paragraph
(b)of the priority states that applicants can focus their proposals on improving the availability of technology for individuals with disabilities in resource-limited environments in the U.S., in developing countries, or both. We recognize that in the proposed priority, paragraph
(a)stated that applicants must focus their work either in the United States or abroad. We will change this paragraph to clarify that an applicant's work may be focused on the United States, developing countries, or both. *Changes:* We have revised paragraph
(a)of the priority to clarify that the DRRP can focus on resource-limited environments in the U.S., in developing countries, or both. Priority 9—Research and Knowledge Translation Center for Individuals With Disabilities and Their Families (Proposed Priority 10) *Comment:* Forty commenters suggested that the DRRP funded under this priority be required to examine the needs of people with disabilities and their families relative to education, employment, income support, and cash transfer programs. *Discussion:* NIDRR agrees that employment and education are critical in the lives of individuals with disabilities and their families, and that income support and cash transfer programs are relevant to many of these individuals. Nothing in the priority precludes an applicant from proposing research in these specific areas. However, NIDRR does not have a sufficient basis for requiring all applicants to focus on these areas. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* Forty commenters requested that the priority clarify whether the term “children,” as used in the priority, includes individuals who are 21 years old or younger. The commenters noted that the term should include those children because many individuals with disabilities are eligible for special education services through age 21. *Discussion:* NIDRR agrees that the age range for the term “child” as used in this priority should be consistent with the age range in the Individuals With Disabilities Education Act (IDEA). Although the age range for special education services under IDEA differs between States, children with disabilities generally are eligible for services under IDEA through age 21. *Changes:* NIDRR has revised the priority to clarify that the DRRP funded under the priority must focus on the knowledge needs of families that include a child aged 21 or younger with a disability, or an adult with a disability who is a parent of at least one child aged 21 or younger. *Comment:* One commenter suggested that the DRRP funded under this priority be required to examine the needs of people with disabilities and their families who require behavioral and mental health services. *Discussion:* NIDRR recognizes that behavioral and mental health programs are often important to individuals with disabilities and their families. Paragraph
(a)of the priority includes a short, but not exhaustive, list of programs and service systems that may be important to the community integration and participation of individuals with disabilities and includes “a wide variety of related social support services.” Applicants could propose research to identify the experiences and needs of individuals with disabilities who need access to behavioral and mental health programs. However, NIDRR does not have a sufficient basis for requiring all applicants to do so. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* Forty-two commenters requested that the outcome in paragraph
(b)of the priority be expanded to include work that promotes improved participation and community integration of families of individuals with disabilities—not just individuals with disabilities. *Discussion:* NIDRR's mission is to generate new knowledge and promote its effective use to improve levels of community participation and integration by individuals with disabilities. Paragraph
(b)of the priority requires the DRRP funded under the priority to target its training, technical assistance, and informational resources to the specific knowledge needs of individuals with disabilities and their families. The aim of providing these services to both individuals with disabilities and their families is ultimately to improve the participation and community integration of the individuals with disabilities. Efforts that focus on participation and integration of the families themselves, while a worthy undertaking, are beyond the intended scope of this priority. Therefore, NIDRR declines to expand the scope of the priority as requested by the commenters. *Changes:* None. *Comment:* Forty-one commenters asked that this priority be revised so that it generates research and new knowledge that are cross-disability in nature. *Discussion:* We do not believe that a change is necessary because paragraph
(a)of the priority specifically states that the experiences and knowledge needs of individuals with disabilities must be analyzed by condition type and severity of disability; we believe that this requirement necessitates that grantees take a cross-disability approach. To the extent that the knowledge needs determined under paragraph
(a)of the priority differ by condition or severity of disability, training and technical assistance materials developed under paragraph
(b)of the priority may need to be structured to meet the knowledge needs of specific subgroups of individuals with disabilities and their families. NIDRR intends for the training, technical assistance, and informational materials that are developed under this priority to be applicable to the needs of individuals with a wide range of conditions, as well as their families. *Changes:* None. *Comment:* One commenter noted that very little is known about the knowledge needs of people with disabilities and their families across the lifespan and across disability categories. This commenter suggested that the DRRP funded under this priority be required to focus on generating new knowledge about the information needed by individuals with disabilities and their families across the lifespan and across disability categories. *Discussion:* NIDRR agrees that little is currently known about the needs of individuals with disabilities and their families across the lifespan and across disability categories. We believe that paragraph
(a)of this priority addresses this knowledge gap. *Changes:* None. *Comment:* One commenter argued that the delivery of research-based training, technical assistance, and informational resources under paragraph
(b)of the priority is not likely to be effective, given that access to information about service systems is primarily determined at the local level. *Discussion:* For multiple funding cycles, NIDRR has sponsored research on the experience of children with disabilities and their families, as well as on adults with disabilities who are parents. Knowledge generated by this research is directly relevant to many of the needs of individuals with disabilities and their families as they navigate a wide variety of programs and services at the local level. While NIDRR understands that the availability of information about these programs and services varies across locales, NIDRR believes that the current knowledge base is sufficiently well developed to be relevant to individuals with disabilities and their families, regardless of their local context. *Changes:* None. *Comment:* Two commenters stated that the DRRP funded under this priority should address specifically the needs of parents of individuals with developmental disabilities. Another commenter recommended that the DRRP address specifically the needs of parents who have disabilities. *Discussion:* Nothing in this priority precludes applicants from proposing activities that address the needs of parents of individuals with developmental disabilities. Similarly, nothing in this priority precludes applicants from proposing activities that address the needs of parents with disabilities. NIDRR does not have a sufficient basis for requiring all applicants to focus on one of these specific areas. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* Two commenters stated that one DRRP could not address adequately the knowledge needs of children with disabilities and their families, as well as parents with disabilities and their families. *Discussion:* NIDRR agrees with these commenters' suggestion that the DRRP funded under this priority may not be able to conduct research on, and provide training and technical assistance to, both parents with disabilities as well as children with disabilities and their families. *Changes:* We have revised the priority to require a focus on either families that include a child with a disability aged 21 or younger or an adult with a disability who is a parent of at least one child aged 21 or younger, but not both. *Comment:* One commenter suggested that the DRRP funded under this priority be required to focus on State and Federal policies because, according to the commenter, State and Federal policies and funding are critical to assuring and supporting access to the service systems available to individuals with disabilities and their families in the U.S. *Discussion:* NIDRR acknowledges that a wide variety of State and Federal policies affect the lives of individuals with disabilities and their families. Under the priority, applicants can propose research to identify the experiences and knowledge needs of individuals with disabilities relative to State and Federal policies. However, NIDRR does not have a sufficient basis for requiring all applicants to do so. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* One commenter suggested that the priority allow research on the needs of families with children with developmental disabilities who have aged into adulthood. *Discussion:* While NIDRR recognizes the needs of adults with developmental disabilities and their families, the DRRP funded under this priority is designed to build on the base of knowledge generated by the NIDRR-funded Center on Families of Children With Disabilities and Center for Parents With Disabilities. These centers focus on children with disabilities and their families, or on parents with disabilities and their families, respectively. In order to capitalize on the knowledge generated by these centers, NIDRR wants the work of the DRRP funded under this priority to focus on one of these critical populations. A focus on adults with disabilities who are not parents is therefore beyond the intended scope of this priority. *Changes:* None. RRTCs Priority 10—General Rehabilitation Research and Training Center
(RRTC)Requirements (Proposed Priority 11 in the NPP) *Comment:* None. *Discussion:* NIDRR believes that it is particularly important to disseminate the results of the research conducted by RRTCs to vocational rehabilitation and independent living service providers described in Title I and Title VII of the Rehabilitation Act of 1973, as amended. Upon further review of the RRTC requirements, therefore, NIDRR determined that it was appropriate to identify these types of service providers as examples of audiences to whom the results of the RRTC's research must be disseminated. *Changes:* We have added vocational rehabilitation and independent living service providers as specific audiences to receive dissemination materials that result from the research and related activities carried out by the RRTCs. Priority 11—Personal Assistance Services
(PAS)in the 21st Century (Proposed Priority 15) *Comment:* None. *Discussion:* Upon further review of this priority, we have determined that the priority did not sufficiently emphasize the relationship between PAS and the employment of individuals with disabilities. Accordingly, we have revised the priority to emphasize research on the relationship between PAS and employment of individuals with disabilities. *Changes:* We have made minor changes throughout this priority to clarify that the grantee under this priority must examine, among other things, the use of PAS to support employment among individuals with disabilities. Priority 14—Community Living and Employment for Individuals With Intellectual and Developmental Disabilities (Proposed Priority 21) *Comment:* Fourteen commenters suggested adding a component to the priority that supports the development of personnel to provide direct supports to individuals with intellectual disabilities so they can live and work in the community. *Discussion:* NIDRR recognizes the need to support research on personal assistance services and professionals who provide direct support to individuals with intellectual and developmental disabilities (ID/DD). A well-prepared and skilled workforce of direct support providers can provide much needed personalized services and support to individuals with ID/DD who seek meaningful employment and wish to participate more actively in the community. Further, research is needed to identify methods for training direct service providers so that these workers can facilitate positive educational and vocational outcomes for individuals with ID/DD. Therefore, we are revising this priority to include a component addressing the development of personnel providing support services to individuals with ID/DD. *Changes:* NIDRR has added a paragraph to this priority that requires the development, evaluation, and dissemination of training materials to prepare direct support providers for individuals with ID/DD. *Comment:* Two commenters requested adding an ID/DD policy research component to the priority. *Discussion:* Applicants under this priority may propose research that focuses on ID/DD policies. However, NIDRR does not have a sufficient basis for requiring that all applicants focus on this particular area. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* One commenter suggested adding an advocacy and empowerment component to the priority. *Discussion:* Applicants may propose to conduct research on advocacy and empowerment interventions under paragraph
(c)of this priority. However, NIDRR does not have a sufficient basis for requiring that all applicants focus on this particular area. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* None. *Discussion:* NIDRR wishes to highlight both access to employment and community living for individuals with disabilities in this priority. For this reason, NIDRR is changing the title and introductory paragraphs of this priority to specify that employment is a key outcome to be addressed by the interventions developed by the proposed Center. *Changes:* NIDRR has changed the title of this priority to “Community Living and Employment for Individuals With Intellectual and Developmental Disabilities.” NIDRR also has added the word “employment” to the introductory paragraphs of the priority to emphasize that the RRTC funded under the priority must focus on interventions that support the employment of individuals with disabilities. RERCs General *Comment:* Two commenters asked whether the Department has a mechanism for ensuring that RERCs comply with the NIDRR requirement that all RERCs collaborate with the Center on Knowledge Translation for Technology Transfer to develop a technology transfer plan (paragraph
(6)of the RERC priorities). *Discussion:* All RERCs must propose methods for collaborating with the Center on Knowledge Translation for Technology Transfer, as specified in paragraph
(6)of the RERC priorities. The peer review panel will evaluate the merits of the proposals received under the RERC priorities. Once RERC awards are made, NIDRR staff will facilitate and promote collaborative relationships between the RERCs and the Center on Knowledge Translation for Technology Transfer to help ensure that this collaboration occurs. *Changes:* None. Priority 15—RERC for Hearing Enhancement (Proposed Priority 22) *Comment:* One commenter stated that research is needed to improve and evaluate hearing enhancement technologies, particularly in the areas of sound suppression, compatibility standards, standards for measuring fidelity and distortion, user customization, built-in wireless receivers, hearing in noise, high frequencies in hearing aids, and designing for usability. *Discussion:* NIDRR agrees that research on hearing enhancement technologies is necessary to improve outcomes for individuals with hearing loss. *Changes:* NIDRR has revised the priority to include a research focus on improving the performance, usability, and accessibility of hearing enhancement technologies. *Comment:* One commenter stated that research into aural rehabilitation and consumer education, including areas such as training for professionals, developing aural rehabilitation tools, and disseminating information to consumers, should be an important component of this priority. *Discussion:* Nothing in the priority precludes applicants from proposing research on aural rehabilitation and consumer education. The priority specifically calls for the development and testing of innovative technologies, products, and tools, which could include aural rehabilitation tools. Likewise, nothing in the priority precludes applicants from proposing consumer education strategies, such as training, technical assistance, and dissemination methods, to address these areas. Under the priority, each RERC must target technical assistance and dissemination to a wide variety of relevant stakeholder groups, including consumers. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* None. *Discussion:* NIDRR has determined that the term “assistive technology,” as used in the deaf and hard of hearing community, typically refers to assistive listening and alerting devices such as FM systems and flashing lights. In this priority, NIDRR intended to be more inclusive of all hearing enhancement technologies, including possible focus areas that include, but are not limited to, hearing aids and implants, as well as assistive listening and alerting devices. *Changes:* NIDRR has deleted the word “assistive” from the priority, so that the phrase now reads “hearing enhancement technologies.” Priority 17—RERC for Prosthetics and Orthotics (Proposed Priority 24) *Comment:* One commenter suggested that the Prosthetics and Orthotics priority be revised to require grantees to conduct an independent evaluation of commercially available prosthetic and orthotic components. *Discussion:* Nothing in the priority precludes applicants from proposing to conduct an independent evaluation of commercially available prosthetic and orthotic components. However, NIDRR does not have a sufficient basis for requiring that all applicants propose such evaluations. The peer review panel will evaluate the merits of each proposal under this priority. *Changes:* None. *Comment:* One commenter noted that orthotic research and development have historically received less attention than that of prosthetics. This commenter suggested that the Prosthetics and Orthotics priority be revised to require an appropriate focus on both prosthetics and orthotics. *Discussion* The Prosthetics and Orthotics priority requires research and development in both disciplines. NIDRR has not prescribed a particular amount of resources that this RERC must devote to either discipline. The relative amount of focus on prosthetics and orthotics will be determined by the applicants. The peer review process will evaluate the merits of the proposals received under this priority. *Changes:* None. Priority 19—RERC for Universal Interface and Information Technology Access (Proposed Priority 26) *Comment:* None. *Discussion:* Upon further internal review of this priority, NIDRR noticed that we mistakenly referred to a NIDRR-funded Information Technology Technical Assistance Center. We intend for the RERC for Universal Interface and Information Technology Access to work collaboratively with the RERC on Telecommunication Access and the RERC on Mobile Wireless Technologies. *Changes:* We deleted the reference to the NIDRR-funded Information Technology Technical Assistance Center from this priority. Note: This notice does not solicit applications. In any year in which we choose to use one or more of these final priorities, we invite applications through a notice in the **Federal Register** . When inviting applications, we designate each priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute priority:* Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive preference priority:* Under a competitive preference priority, we give competitive preference to an application by either
(1)awarding additional points, depending on how well or the extent to which the application meets the competitive preference priority (34 CFR 75.105(c)(2)(i)); or
(2)selecting an application that meets the competitive preference priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational priority:* Under an invitational priority, we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). This NFP is in concert with President George W. Bush's New Freedom Initiative
(NFI)and NIDRR's Final Long-Range Plan for FY 2005-2009 (Plan). The NFI can be accessed on the Internet at the following site: *http://www.whitehouse.gov/infocus/newfreedom.* The Plan, which was published in the **Federal Register** on February 15, 2006 (71 FR 8165), can be accessed on the Internet at the following site: *http://www.ed.gov/about/offices/list/osers/nidrr/policy.html.* Through the implementation of the NFI and the Plan, NIDRR seeks to:
(1)Improve the quality and utility of disability and rehabilitation research;
(2)foster an exchange of expertise, information, and training to facilitate the advancement of knowledge and understanding of the unique needs of traditionally underserved populations;
(3)identify best strategies and programs to improve rehabilitation outcomes for underserved populations;
(4)identify research gaps;
(5)identify mechanisms of integrating research and practice; and
(6)disseminate findings. *Priorities:* Disability and Rehabilitation Research Projects
(DRRP)Program The purpose of the DRRP program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by developing methods, procedures, and rehabilitation technologies that advance a wide range of independent living and employment outcomes for individuals with disabilities, especially individuals with the most severe disabilities. DRRPs carry out one or more of the following types of activities, as specified and defined in 34 CFR 350.13 through 350.19: research, development, demonstration, training, dissemination, utilization, and technical assistance. An applicant for assistance under this program must demonstrate in its application how it will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds (34 CFR 350.40(a)). The approaches an applicant may take to meet this requirement are found in 34 CFR 350.40(b). In addition, NIDRR intends to require all DRRP applicants to meet the *General Disability and Rehabilitation Research Projects
(DRRP)Requirements* priority that it published in a notice of final priorities in the **Federal Register** on April 28, 2006 (71 FR 25472). Additional information on the DRRP program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP* . Priority 1—Health Care Coordination for Individuals With Physical Disabilities *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)on Health Care Coordination for Individuals with Disabilities. The purpose of this priority is to conduct research on the outcomes of Medicare-or Medicaid-managed health care coordination programs for individuals with disabilities. Under this priority, the DRRP must be designed to contribute to the following outcomes:
(a)New knowledge about the extent to which enrollment in health care coordination programs enhances access to health care for individuals with disabilities. The DRRP must contribute to this outcome by conducting research on, and evaluating, one or more existing Medicaid- or Medicare-funded managed health care coordination programs for individuals with disabilities.
(b)New knowledge about the health outcomes associated with participation in health care coordination programs for individuals with disabilities. The DRRP must contribute to this outcome by conducting research on, and evaluating, one or more existing Medicaid- or Medicare-funded health care coordination programs for individuals with disabilities.
(c)New knowledge about potential Medicaid or Medicare cost savings that are associated with health care coordination efforts for individuals with disabilities. The DRRP must contribute to this outcome by conducting research on, and evaluating, one or more existing Medicaid- or Medicare-funded health care coordination programs for individuals with disabilities. In addition, the DRRP must work with the NIDRR project officer to coordinate its research efforts with the Centers for Medicare & Medicaid Services—Office of Research, Development, and Information. Priority 2—Health and Health Care Disparities Among Individuals With Disabilities *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)on Health and Health Care Disparities Among Individuals with Disabilities. The purpose of this priority is to build a knowledge base about health care access and health outcomes among the diverse population of individuals with disabilities. Under this priority, the DRRP must be designed to contribute to the following outcomes:
(a)A foundation of available knowledge about health disparities among subpopulations of individuals with disabilities. The DRRP must contribute to this outcome by conducting a review and synthesis of existing research on health and health care access among individuals with disabilities or subgroups of individuals with disabilities. The DRRP must then use this review and synthesis to inform the subsequent research and evaluation efforts of the DRRP.
(b)New knowledge about system-level factors that are associated with the health of individuals with disabilities and their access to health care. The DRRP must contribute to this outcome by conducting research on the extent to which the health of individuals with disabilities and their access to health care are related to system-level factors that may include, but are not limited to, rural or urban status, as well as characteristics of their health care insurance or health care providers.
(c)New knowledge about the individual-level characteristics of individuals with disabilities that are associated with their health and access to health care. The DRRP must contribute to this outcome by conducting research on the extent to which the health of individuals with disabilities and their access to health care are related to their disabling condition categories (mental illness, sensory, physical, cognitive, or combinations thereof), disability severity, age, gender, race, ethnicity, socioeconomic status, education level, or other individual-level characteristics.
(d)Improved policies, programs, or interventions that promote the health and health care access among subpopulations of individuals with disabilities who are least likely to receive recommended health care services. The DRRP must contribute to this outcome by applying knowledge derived from research conducted under paragraphs (a), (b), and
(c)of this priority. In addition, the DRRP must collaborate with the Rehabilitation Research and Training Center on Health and Wellness, and other projects identified through consultation with the NIDRR project officer. Priority 3—Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for Disability and Rehabilitation Research Projects (DRRPs) on Traumatic Brain Injury Model Systems (TBIMS) Collaborative Projects. Each DRRP under this priority must conduct research that contributes to evidence-based rehabilitation interventions, including, but not limited to, medical, psychological, vocational, and social interventions for the purpose of improving the lives of individuals with traumatic brain injury (TBI). To be eligible under this priority, an applicant must be currently funded under NIDRR's TBIMS program. Under this priority, each DRRP must be designed to contribute to the following outcomes:
(a)Increased use of the TBIMS program to conduct high-quality collaborative research. The DRRP must contribute to this outcome by collaborating with three or more of the NIDRR-funded TBIMS centers (for a minimum of four TBIMS sites). Note: Applicants under this priority may propose to include other TBI research sites that are not participating in a NIDRR-funded TBIMS program in their collaborative research projects.
(b)Improved long-term outcomes for individuals with TBI. The DRRP must contribute to this outcome by using clearly identified research designs to conduct collaborative research on questions of significance to TBI rehabilitation. The DRRP's research must focus on one or more specific domains identified in NIDRR's Final Long-Range Plan for FY 2005-2009, including health and function, participation and community living, technology, and employment, and must be designed to ensure that the research study has appropriate research hypotheses and methods to generate reliable and valid findings. In addition, the DRRP must address the following requirements: • Demonstrate the capacity to carry out collaborative, multi-site research projects, including the ability to coordinate research among centers; maintain data quality; and adhere to research protocols, confidentiality requirements, and data safety requirements. • Coordinate with the NIDRR-funded Model Systems Knowledge Translation Center to provide scientific results and information for dissemination to clinical and consumer audiences, including vocational rehabilitation and independent living service providers. (Additional information on this center can be found at *http://uwctds.washington.edu/projects/msktc.asp).* Priority 4—Classification and Measurement of Medical Rehabilitation Interventions *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)on Classification and Measurement of Medical Rehabilitation Interventions. This DRRP must conduct research and development toward the creation of a taxonomy of medical rehabilitation interventions. Under this priority, the DRRP must be designed to contribute to the following outcomes:
(a)Enhanced research capacity and improved clinical practice in the field of medical rehabilitation. The DRRP must contribute to this outcome by conducting research to develop validated methods for systematically classifying the broad range of medical rehabilitation interventions delivered by rehabilitation physicians, physical therapists, occupational therapists, speech language pathologists, rehabilitation nurses, rehabilitation psychologists, and other allied health professionals.
(b)Enhanced research capacity and improved clinical practice in the field of medical rehabilitation through the application of one or more treatment theories to guide the development of a rehabilitation treatment taxonomy.
(c)Collaboration with relevant NIDRR-sponsored projects, such as the Rehabilitation Research Training Center on Measuring Rehabilitation Outcomes, and other projects as identified through consultation with the NIDRR project officer. Priority 5—Vocational Rehabilitation Service Models for Individuals With Autism Spectrum Disorders *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)on Vocational Rehabilitation Service Models for Individuals with Autism Spectrum Disorders (ASDs). This DRRP must conduct research on vocational rehabilitation
(VR)service models for individuals with ASDs that contributes to evidence-based rehabilitation interventions to improve the lives of individuals with ASDs. Under this priority, the DRRP must be designed to contribute to one or both of the following outcomes:
(a)Improved vocational and postsecondary education outcomes for individuals with ASDs. The DRRP must contribute to this outcome by developing or testing VR intervention strategies for individuals with ASDs, the measures needed to assess the effectiveness of VR intervention strategies for individuals with ASDs, or both.
(b)Improved long-term vocational and postsecondary education services for individuals with ASDs. The DRRP must contribute to this outcome by analyzing the factors affecting the organization and delivery of these services to individuals with ASDs and by recommending changes that could improve these service delivery mechanisms. Priority 6—Center on Knowledge Translation for Technology Transfer *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project to serve as the Center on Knowledge Translation for Technology Transfer (Center). The Center must conduct rigorous research, development, technical assistance, dissemination, and utilization activities to increase successful knowledge translation
(KT)for the transfer of assistive technology products developed by NIDRR-funded technology grantees. The Center must partner with key stakeholders such as trade and professional associations, and relevant industry representatives and focus its original research and development activities (i.e., those activities conducted pursuant to paragraphs (a)(2), (b)(2), and (b)(3) of the priority) on no more than three technology areas that are the focus of current NIDRR technology grantees. Information on technology research funded by NIDRR can be found at *http://www.naric.com/research/pd/priority.cfm.* Each applicant must define and justify its focus. The Center's identification and compilation of existing research on technology transfer pursuant to paragraphs (a)(1) and (b)(1) of the priority must be designed to serve as a knowledge base for the training and technical assistance the Center must provide to NIDRR technology grantees. Under this priority, the Center must be designed to contribute to the following outcomes:
(a)Improved understanding of barriers to, and facilitators of, successful KT for technology transfer in different industries related to NIDRR's technology portfolio. The Center must contribute to this outcome by—
(1)Identifying and compiling existing research-based knowledge about barriers to, and facilitators of, successful KT for technology transfer; and
(2)Conducting research on barriers to, and facilitators of, successful KT for technology transfer related to the technology areas on which the Center focuses.
(b)Advanced knowledge of best practices in KT for technology transfer. The Center must contribute to this outcome by—
(1)Identifying existing models, methods, or measures of KT for technology transfer in different industries related to NIDRR's technology portfolio;
(2)Further developing and testing models, methods, or measures in the technology areas on which the Center focuses; and
(3)Establishing best technology transfer practices that can be used to effectively implement and evaluate the success of technology transfer activities in the technology areas on which the Center focuses.
(c)Increased utilization of the validated best practices for KT for technology transfer. The Center must contribute to this outcome by providing training and technical assistance to NIDRR-funded technology grantees to implement and evaluate the success of such practices. Priority 7—Asset Accumulation and Economic Self-Sufficiency for Individuals With Disabilities *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)on Asset Accumulation and Economic Self-Sufficiency for Individuals with Disabilities. This DRRP must create new research-based knowledge to promote asset accumulation among individuals with disabilities. Under this priority, the DRRP must be designed to contribute to the following outcomes:
(a)New knowledge of both the barriers to, and facilitators of, asset accumulation and economic self-sufficiency for low-to moderate-income individuals with disabilities and their families. This DRRP must contribute to this outcome by focusing on individual-level characteristics that may affect savings and asset accumulation, as well as system-level factors that include policies or programs designed to create system-level incentives or disincentives to the accumulation of assets.
(b)Improved asset accumulation outcomes and economic self-sufficiency among individuals with disabilities. The DRRP must contribute to this outcome by developing and testing no more than two interventions that capitalize on the facilitators of asset accumulation and economic self-sufficiency and address the barriers to asset accumulation described in paragraph
(a)of this priority. These interventions may include tailoring existing asset accumulation interventions to the specific needs and circumstances of individuals with disabilities. Priority 8—Technology Access in Resource-Limited Environments *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)on Technology Access in Resource-Limited Environments. Under this priority, the DRRP must be designed to contribute to the following outcomes:
(a)Increased access to, and acquisition of, high-quality, low-cost technology products by individuals with disabilities who need them. The DRRP must contribute to this outcome by conducting research to evaluate the application of various models of transferring technology products to individuals with disabilities in resource-limited environments in the United States (U.S.), developing countries, or both. The DRRP's research must examine the relationship of factors such as type of technology, delivery system options, socioeconomic conditions, and disability type, on the successful transfer of needed technologies to individuals with disabilities. NIDRR is particularly concerned about providing technology to support individuals engaged in agricultural occupations because of the significant need for assistive technologies by this population.
(b)Increased awareness by individuals with disabilities of high-quality, low-cost technology products, already developed or in development, for use in resource-limited environments. The DRRP must contribute to this outcome by conducting research on methods of providing information on available products to individuals with disabilities and their caregivers in resource-limited environments in the U.S., developing countries, or both. The DRRP's research must examine the effect of factors, such as literacy rates and the availability of print, Internet, or other communication resources, as well as socioeconomic factors and disability type, on strategies to increase awareness among individuals with disabilities in these areas. Priority 9—Research and Knowledge Translation Center for Individuals With Disabilities and Their Families *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Disability and Rehabilitation Research Project
(DRRP)to serve as the Research and Knowledge Translation Center for Individuals with Disabilities and Their Families (Center). The Center must conduct research on the experiences and knowledge needs of individuals with disabilities and their families, and translate these findings into training, technical assistance, and informational resources. The Center must focus on the knowledge needs of families that include a child aged 21 or younger with a disability, or an adult with a disability who is a parent of at least one child aged 21 or younger. Under this priority, the Center must be designed to contribute to the following outcomes:
(a)Increased knowledge about the experiences and information needs of individuals with disabilities and their families, and how those experiences and needs differ by variables such as condition type, severity, and age, as well as key characteristics of other family members and the overall structure of the family. The Center must contribute to this outcome by synthesizing existing research and advancing the knowledge base through the collection and analysis of data about the experiences and knowledge needs of families that include one or more individuals with a disability. Through this research and analysis, the Center must examine the extent to which the needs of individuals with disabilities and their families are being met by the programs and service systems that are critical to their community integration and participation (e.g., legal systems related to custody, adoption, and divorce; health care; long-term care; assistive technology provision programs; child care; transportation; and a wide variety of related social support services).
(b)Improved participation and community integration of individuals with disabilities. The Center must contribute to this outcome by developing, implementing, and evaluating research-based training, technical assistance, and informational resources that are targeted to the specific knowledge needs of individuals with disabilities and their families, as those needs are identified through the research activities described in paragraph
(a)of this priority, or other research-based knowledge. In addition, the Center must coordinate with relevant NIDRR Knowledge Translation grantees to develop and implement a method for identifying high-quality, research-based information for dissemination to individuals with disabilities and their families. Rehabilitation Research and Training Centers (RRTCs) The purpose of the RRTC program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, through advanced research, training, technical assistance, and dissemination activities in general problem areas, as specified by NIDRR. Such activities are designed to benefit rehabilitation service providers, individuals with disabilities, and the family members or other authorized representatives of individuals with disabilities. Additional information on the RRTC program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#RRTC* . Statutory and Regulatory Requirements of RRTCs RRTCs must— • Carry out coordinated advanced programs of rehabilitation research; • Provide training, including graduate, pre-service, and in-service training, to help rehabilitation personnel more effectively provide rehabilitation services to individuals with disabilities; • Provide technical assistance to individuals with disabilities, their representatives, providers, and other interested parties; • Demonstrate in their applications how they will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds; • Disseminate informational materials to individuals with disabilities, their representatives, providers, and other interested parties; and • Serve as centers of national excellence in rehabilitation research for individuals with disabilities, their representatives, providers, and other interested parties. Priority 10—General Rehabilitation Research and Training Center
(RRTC)Requirements *Priority:* To meet this priority, the RRTC must—
(a)Conduct a state-of-the-science conference on its respective area of research by the fourth year of the grant cycle and publish a comprehensive report on the final outcomes of the conference by the end of the fourth year of the grant cycle. This conference must include materials from experts internal and external to the RRTC;
(b)Coordinate on research projects of mutual interest with relevant NIDRR-funded projects, as identified through consultation with the NIDRR project officer;
(c)Involve individuals with disabilities in planning and implementing its research, training, and dissemination activities, and in evaluating the RRTC; and
(d)Coordinate with the appropriate NIDRR-funded Knowledge Translation Centers and professional and consumer organizations, to disseminate scientific results and information to policymakers, service providers, researchers, and others, including vocational rehabilitation and independent living center providers. Priority 11—Personal Assistance Services
(PAS)in the 21st Century *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Rehabilitation Research and Training Center
(RRTC)on Personal Assistance Services
(PAS)in the 21st Century. This RRTC must conduct rigorous research, develop interventions, and provide training that address future demands for PAS and caregiving. Under this priority, the RRTC must be designed to contribute to the following outcomes:
(a)Improved access to PAS by individuals with disabilities. The RRTC must contribute to this outcome by:
(1)analyzing and describing trends and needs of the population of PAS consumers, including individuals with disabilities who require PAS in the workplace;
(2)identifying gaps in programs and services;
(3)developing effective evidence-based interventions to address unmet needs for PAS; and
(4)proposing strategies to coordinate and secure PAS services during national or regional emergencies.
(b)A larger and better prepared paid and unpaid PAS workforce to support individuals with disabilities, including those who are employed or seeking employment. The RRTC must contribute to this outcome by:
(1)Developing tools and supports for unpaid caregivers that reflect the changing needs of caregivers as they age;
(2)developing strategies that lead to a PAS workforce that is geographically diverse and that maximizes workforce recruitment, retention, compensation and benefits, professional training, development, and networking; and
(3)identifying and evaluating interventions and labor resources, such as job training services, that help to improve workforce capacity of PAS providers.
(c)An understanding of the complexity of the economics of PAS. The RRTC must contribute to this outcome by:
(1)Analyzing the interrelationships among employment, employment supports, the use of technologies, and PAS; and
(2)analyzing the role of tax laws that affect reimbursement for PAS. Priority 12—Disability Statistics and Demographics *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Rehabilitation Research and Training Center
(RRTC)on Disability Statistics and Demographics. This RRTC must conduct rigorous research, knowledge translation, training, dissemination, and technical assistance that advance the use of rigorous disability statistics and demographics to inform disability policy and service provision. Under this priority, the RRTC must be designed to contribute to the following outcomes:
(a)Rigorous and timely demographic research to inform the development of disability policies and programs. The RRTC must contribute to this outcome by:
(1)Producing meta-analyses of national, State, and administrative data that address critical program and service needs; and
(2)providing statistical consultation, including specialized analyses, to facilitate the use of survey and administrative data by policymakers and others.
(b)Improved disability data and statistics. The RRTC must conduct research about methodologies that advance the practice for
(1)conducting surveys of individuals with disabilities, including individuals with low-prevalence disabilities;
(2)analyzing data about low-incidence populations of individuals with disabilities; and
(3)other issues related to survey or administrative data.
(c)Effective use of disability statistics and demographic information. The RRTC must contribute to this outcome by:
(1)Serving as a resource on disability statistics and demographics for Federal and other government agencies, policymakers, consumers, advocates, researchers, and others; and
(2)transferring research findings to Federal and other government agencies, policymakers, consumers, advocates, researchers, and others to enhance planning, policymaking, program administration, and delivery of services to individuals with disabilities. Priority 13—Health and Function Across the Lifespan of Individuals With Intellectual and Developmental Disabilities *Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Rehabilitation Research and Training Center
(RRTC)on Health and Function Across the Lifespan of Individuals with Intellectual and Developmental Disabilities (ID/DD). This RRTC must focus on rigorous research, training, technical assistance, and dissemination of strategies and interventions that improve the health and function of individuals with ID/DD, and access to community-based health and social services by individuals with ID/DD. The research conducted by this RRTC also must focus on promoting family and caregiver supports that enable individuals with ID/DD to receive long-term care. When applying for a grant under this priority, an applicant must identify, in its application, the target population from the diverse population of individuals with ID/DD to be served by the proposed research and describe how the proposed research will benefit this group. Under this priority, the RRTC must be designed to contribute to the following outcomes:
(a)Conceptually-sound theories and methodologies for research on community-based rehabilitation and health and social service provision, including research on long-term care or care provided by family members to individuals with ID/DD. The RRTC must contribute to this outcome by investigating existing theories that may help organize or frame research on ID/DD, including theories from fields such as long-term care, or frameworks related to delivery of rehabilitation or health services in the community.
(b)Improved instruments and measures that evaluate the suitability and quality of personal assistance services, and the effectiveness and efficiency of community-based health and social services for individuals with ID/DD. The RRTC must contribute to this outcome by assessing current measures and instruments, reporting on their validity and reliability, and then developing and testing improved measures.
(c)Improved rehabilitation or community-based interventions that demonstrate measurable reductions in barriers to access to and utilization of community-based services or community-based interventions that otherwise contribute to improved health and function of individuals with ID/DD. The RRTC must contribute to this outcome by identifying and testing potential interventions and providing a thorough assessment of the basis on which these interventions were selected, including any preliminary evidence of their usefulness and relevance to individuals with ID/DD and their families. Priority 14—Community Living and Employment for Individuals With Intellectual and Developmental Disabilities *Priorities:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for a Rehabilitation Research and Training Center
(RRTC)for Community Living and Employment for Individuals with Intellectual and Developmental Disabilities (ID/DD). The RRTC must focus on rigorous research, training, technical assistance, and dissemination to enhance inclusion and self-determination of individuals with ID/DD. This RRTC also must focus on developing interventions that support self-determination, informed choice, consumer control, employment, family involvement, and participation and community living of individuals with ID/DD. When applying for a grant under this priority, an applicant must identify, in its application, the target population of interest from the diverse population of individuals with ID/DD to be served by the proposed research and describe how the proposed research will benefit this group. Under this priority, the RRTC must be designed to contribute to the following outcomes:
(a)Improved concepts and theories of societal participation and community living, and self-determination to guide the study of the needs and abilities of individuals with ID/DD. The RRTC must contribute to this outcome by investigating existing theories of societal participation, community living, and self-determination to frame research on these topics for individuals with ID/DD.
(b)Improved instruments and measures of participation and community living to assess the type, frequency, and quality of activities that individuals with ID/DD wish to engage in, or are able to engage in, outside the home or residential facility. The RRTC must contribute to this outcome by assessing current measures and instruments used to determine outcomes in the areas of access to community facilities, social participation, self advocacy, employment choice, and housing selection by individuals with ID/DD; reporting on the validity and reliability of these measures; and then developing and testing improved measures, as needed.
(c)Improved rehabilitation or community-based interventions that demonstrate a measurable impact in areas such as access to communal facilities and events, social participation and interaction with members of the community, self-advocacy, employment, and housing choices. The RRTC must contribute to this outcome by identifying and testing potential interventions for individuals with ID/DD, providing a thorough assessment of the basis on which these interventions were selected, and identifying any preliminary evidence of their usefulness and relevance to individuals with ID/DD and their families.
(d)Improved personal assistance services and direct support for individuals with ID/DD living in the community, including services and supports in educational, vocational training, and employment settings. The RRTC must contribute to this outcome by developing, evaluating, and disseminating training modules or programs that are intended to prepare direct support providers for individuals with ID/DD. Rehabilitation Engineering Research Centers Program (RERCs) Purpose of Program: The purpose of the RERC program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by conducting advanced engineering research and development on innovative technologies that are designed to solve particular rehabilitation problems, or remove environmental barriers. RERCs also demonstrate and evaluate such technologies, facilitate service delivery system changes, stimulate the production and distribution of new technologies and equipment in the private sector, and provide training opportunities. General Requirements of RERCs RERCs carry out research or demonstration activities in support of the Rehabilitation Act of 1973, as amended, by— • Developing and disseminating innovative methods of applying advanced technology, scientific achievement, and psychological and social knowledge to:
(a)Solve rehabilitation problems and remove environmental barriers; and
(b)study and evaluate new or emerging technologies, products, or environments and their effectiveness and benefits; or • Demonstrating and disseminating:
(a)innovative models for the delivery of cost-effective rehabilitation technology services to rural and urban areas; and
(b)other scientific research to assist in meeting the employment and independent living needs of individuals with severe disabilities; and • Facilitating service delivery systems change through:
(a)The development, evaluation, and dissemination of innovative consumer-responsive and individual- and family-centered models for the delivery to both rural and urban areas of innovative cost-effective rehabilitation technology services; and
(b)other scientific research to assist in meeting the employment and independence needs of individuals with severe disabilities. Each RERC must be operated by, or in collaboration with, one or more institutions of higher education or one or more nonprofit organizations. Each RERC must provide training opportunities, in conjunction with institutions of higher education or nonprofit organizations, to assist individuals, including individuals with disabilities, to become rehabilitation technology researchers and practitioners. Additional information on the RERC program can be found at: *http://www.ed.gov/rschstat/research/pubs/index.html.* Priorities 15, 16, 17, 18, 19, and 20—Rehabilitation Engineering Research Centers (RERCs) for Hearing Enhancement (Priority 15), Accessible Public Transportation (Priority 16), Prosthetics and Orthotics (Priority 17), Communication Enhancement (Priority 18), Universal Interface and Information Technology Access (Priority 19), and Wheeled Mobility (Priority 20) *Priorities:* The Assistant Secretary for Special Education and Rehabilitative Services establishes the following priorities for
(a)an RERC for Hearing Enhancement (priority 15);
(b)an RERC for Accessible Public Transportation (priority 16);
(c)an RERC for Prosthetics and Orthotics (priority 17);
(d)an RERC for Communication Enhancement (priority 18);
(e)an RERC for Universal Interface and Information Technology Access (priority 19); and
(f)an RERC for Wheeled Mobility (priority 20). Within its designated priority research area, each RERC will focus on innovative technologies, new knowledge, and concepts that will improve the lives of individuals with disabilities.
(a)*RERC for Hearing Enhancement (Priority 15).* Under this priority, the RERC must research and develop methods, systems, and technologies that will:
(1)Improve the performance, usability, and accessibility of hearing enhancement technologies (e.g., hearing aids, ear molds, assistive devices, implants); and
(2)assist hearing professionals with the process of matching hearing enhancement technologies to individuals with hearing loss and associated conditions such as tinnitus. This includes improving the compatibility of hearing enhancement technologies with various environments such as school, work, recreation, and social settings.
(b)*RERC for Accessible Public Transportation (Priority 16).* Under this priority, the RERC must research and develop methods, systems, and devices that will promote and enhance the ability of individuals with disabilities to safely, comfortably, and efficiently identify destination information, board and disembark, and use services and facilities on various types of public transportation systems such as buses, passenger trains, and airplanes. This RERC must emphasize the principles of universal design in its product research and development.
(c)*RERC for Prosthetics and Orthotics (Priority 17).* Under this priority, the RERC must increase the understanding of the scientific and engineering principles pertaining to human locomotion, reaching, grasping, and manipulation, and incorporate those principles into the design and fitting of prosthetic and orthotic devices.
(d)*RERC for Communication Enhancement (Priority 18)* . Under this priority, the RERC must research and develop augmentative and alternative communication technologies and strategies that will enhance the communicative capacity of individuals of all ages with significant communication disorders across environments ( *i.e.* , education, employment, recreation, social environments).
(e)*RERC for Universal Interface and Information Technology Access (Priority 19)* . Under this priority, the RERC must research and develop innovative technological solutions for, and promote universal access to, current and emerging information technologies and technology interfaces that promote a seamless integration of the multiple technologies used by individuals with disabilities in the home, community, and workplace. This RERC must work collaboratively with the RERC on Telecommunication Access, and the RERC on Mobile Wireless Technologies.
(f)*RERC for Wheeled Mobility (Priority 20)* . Under this priority, the RERC must research and develop innovative technologies and strategies that will improve the current state of the science, design standards, and usability of wheeled mobility devices and wheelchair seating systems. Under each priority, the RERC must be designed to contribute to the following outcomes:
(1)Increased technical and scientific knowledge relevant to its designated priority research area. The RERC must contribute to this outcome by conducting high-quality, rigorous research and development projects.
(2)Innovative technologies, products, environments, performance guidelines, and monitoring and assessment tools as applicable to its designated priority research area. The RERC must contribute to this outcome through the development and testing of these innovations.
(3)Improved research capacity in its designated priority research area. The RERC must contribute to this outcome by collaborating with the relevant industry and professional associations, and institutions of higher education.
(4)Improved focus on cutting edge developments in technologies within its designated priority research area. The RERC must contribute to this outcome by identifying and communicating with NIDRR and the field regarding trends and evolving product concepts related to its designated priority research area.
(5)Increased impact of research in the designated priority research area. The RERC must contribute to this outcome by providing technical assistance to public and private organizations, individuals with disabilities, and employers on policies, guidelines, and standards related to its designated priority research area.
(6)Increased transfer of RERC-developed technologies to the marketplace. The RERC must contribute to this outcome by developing and implementing a plan for ensuring that all technologies developed by the RERC are made available to the public. The technology transfer plan must be developed in the first year of the project period in consultation with the NIDRR-funded Disability Rehabilitation Research Project, Center on Knowledge Translation for Technology Transfer. In addition, under each priority, the RERC must— • Design, build, and test prototype devices and assist in the transfer of successful solutions to relevant production and service delivery settings; • Evaluate the efficacy and safety of its new products, instrumentation, or assistive devices; • Provide as part of its proposal, and then implement, a plan that describes how it will include, as appropriate, individuals with disabilities or their representatives in all phases of its activities, including research, development, training, dissemination, and evaluation; • Provide as part of its proposal, and then implement, in consultation with the NIDRR-funded National Center for the Dissemination of Disability Research (NCDDR) ( *http://www.ncddr.org* ), a plan to disseminate its research results to individuals with disabilities, their representatives, disability organizations, employers, service providers, professional journals, manufacturers, and other interested parties; • Conduct a state-of-the-science conference on its designated priority research area in the fourth year of the project period, and publish a comprehensive report on the final outcomes of the conference in the fifth year of the project period; and • Coordinate research projects of mutual interest with relevant NIDRR-funded projects, as identified through consultation with the NIDRR project officer. Executive Order 12866 This NFP has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with this NFP are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this NFP, we have determined that the benefits of the final priorities justify the costs. Summary of Potential Costs and Benefits The benefits of the Disability and Rehabilitation Research Projects and Centers Programs have been well established over the years in that similar projects have been completed successfully. These final priorities will generate new knowledge and technologies through research, development, dissemination, utilization, and technical assistance projects. Another benefit of these final priorities is that the establishment of new DRRPs, new RRTCs, and new RERCs will support the President's NFI and will improve the lives of individuals with disabilities. The new DRRPs, RRTCs, and RERCs will generate, disseminate, and promote the use of new information that will improve the options for individuals with disabilities to perform regular activities in the community. *Applicable Program Regulations:* 34 CFR part 350. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . (Catalog of Federal Domestic Assistance Numbers 84.133A Disability Rehabilitation Research Projects, 84.133B Rehabilitation Research and Training Centers and 84.133E Rehabilitation Engineering Research Centers Program) Program Authority: 29 U.S.C. 762(g), 764(a), 764(b)(2), and 764(b)(3). Dated: January 29, 2008. Tracy Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-1901 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education; Overview Information; Indian Education—Professional Development Grants; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 Catalog of Federal Domestic Assistance
(CFDA)Number: 84.299B. DATES: *Applications Available:* February 4, 2008. *Deadline for Transmittal of Applications:* March 4, 2008. *Deadline for Intergovernmental Review:* May 5, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Professional Development program is to
(1)increase the number of qualified Indian individuals in professions that serve Indians;
(2)provide training to qualified Indian individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and
(3)improve the skills of qualified Indian individuals who serve in the education field. Activities may include, but are not limited to, continuing programs, symposia, workshops, conferences, and direct financial support. *Priorities:* This competition contains two absolute priorities and two competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(ii), these priorities are from the regulations for this program (34 CFR 263.5(c)(1) and (2)). *Absolute Priorities:* For FY 2008, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3), we consider only applications that meet one or both of the following priorities. These priorities are: Absolute Priority One—Pre-Service Training for Teachers A project that provides support and training to Indian individuals in completing a pre-service education program that enables these individuals to meet the requirements for full State certification or licensure as a teacher through—
(i)Training that leads to a bachelor's degree in education before the end of the award period; or
(ii)For States allowing a degree in a specific subject area, training that leads to a bachelor's degree in the subject area so long as the training meets the requirements for full State teacher certification or licensure; or
(iii)Training in a current or new specialized teaching assignment that requires at least a bachelor's degree and in which a documented teacher shortage exists; and
(iv)One-year induction services after graduation, certification, or licensure, provided during the award period to graduates of the pre-service program while they are completing their first year of work in schools with significant Indian student populations. Note: In working with various institutions of higher education and State certification/licensure requirements, we have found that States requiring a degree in a specific subject area (e.g., specialty areas or teaching at the secondary level) generally require a master's degree or fifth-year requirement before an individual can be certified or licensed as a teacher. These students would be eligible to participate as long as their training meets the requirements for full State certification or licensure as a teacher. Note: The degree received as a result of training and the one year of induction services are to be completed prior to the end of the award period in order to meet the requirements of this priority. Absolute Priority Two—Pre-Service Administrator Training A project that provides—
(1)Support and training to Indian individuals to complete a master's degree in education administration that is provided before the end of the award period and that allows participants to meet the requirements for State certification or licensure as an education administrator; and
(2)One year of induction services, during the award period, to participants after graduation, certification, or licensure, while they are completing their first year of work as administrators in schools with significant Indian student populations. Note: The degree received as a result of training and the one year of induction services are to be completed prior to the end of the award period in order to meet the requirements of this priority. *Competitive Preference Priorities:* For FY 2008, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 10 points to an application, depending on how well the application meets one or both of these priorities. These priorities are: Competitive Preference Priority One We award five points to an application submitted by an Indian tribe, Indian organization, or Indian institution of higher education that is eligible to participate in the Professional Development program. A consortium application of eligible entities that meets the requirements of 34 CFR 75.127 through 75.129 of EDGAR and includes an Indian tribe, Indian organization, or Indian institution of higher education will be considered eligible to receive the five competitive preference points. The consortium agreement, signed by all parties, must be submitted with the application in order to be considered a consortium application. Competitive Preference Priority Two We award five points to an application submitted by a consortium of eligible applicants that includes a tribal college or university and that designates that tribal college or university as the fiscal agent for the application. The consortium application of eligible entities must meet the requirements of 34 CFR 75.127 through 75.129 of EDGAR to be eligible to receive the five competitive preference points. These points are in addition to the five competitive preference points that may be awarded under Competitive Preference Priority One. The consortium agreement, signed by all parties, must be submitted with the application in order to be considered a consortium application. Note: A consortium application must include a consortium agreement, signed by all parties, submitted with the application. Letters of support do *not* meet the requirement for a consortium agreement. Note: Tribal colleges and universities are those Indian institutions of higher education cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 *et seq.* ), or Dine College (formerly Navajo Community College), authorized in the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a *et seq.* ). *Program Authority:* 20 U.S.C. 7442. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98 and 99.
(b)The regulations for this program in 34 CFR part 263. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $2,017,000. *Estimated Range of Awards:* $125,000-$400,000. *Estimated Average Size of Awards:* $336,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $400,000 for the first, second, or third 12-month budget periods. The last 12-month budget period of a 48-month award will be limited to induction services only, at a cost not to exceed $90,000. The Assistant Secretary for Elementary and Secondary Education may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 6. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 48 months. III. Eligibility Information 1. *Eligible Applicants:* Eligible applicants for this program are institutions of higher education, including Indian institutions of higher education; State educational agencies
(SEAs)or local educational agencies
(LEAs)in consortium with an institution of higher education; Indian tribes or organizations in consortium with an institution of higher education; and Bureau of Indian Education funded schools in consortium with an institution of higher education. LEAs include charter schools that are considered LEAs under State law. An application from a consortium of eligible entities must meet the requirements of 34 CFR 75.127 through 75.129. An application from a consortium of eligible entities must submit a consortium agreement, signed by all parties, with the application. Letters of support do *not* meet the requirement for a consortium agreement. In order to be considered an eligible entity, applicants, including institutions of higher education, must be eligible to provide the level and type of degree proposed in the application or must apply in a consortium with an institution of higher education that is eligible to grant the target degree. Applicants applying in consortium with or as an “Indian organization” must demonstrate eligibility by showing how the “Indian organization” meets all requirements of 34 CFR 263.3. The term “Indian institution of higher education” means an accredited college or university within the United States cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 *et seq.* ), and Dine College (formerly Navajo Community College), authorized in the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a *et seq.* ). 2. *Cost Sharing or Matching:* This program does not require cost sharing or matching. 3. *Other:* Projects funded under this competition must plan to budget for a two-day Project Directors' meeting in Washington, DC during each year of the project period. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.ed.gov/fund/grant/apply/grantapps/index.html.* To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. Fax:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this program or competition as follows: CFDA number 299B. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the application narrative (Part III) to no more than 35 pages, using the following standards: • A page is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted. The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the résumés, the bibliography, or the letters of support. However, you must include all of the application narrative in Part III. We will reject your application if you exceed the page limit; or if you apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* February 4, 2008. *Deadline for Transmittal of Applications:* March 4, 2008. Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. Deadline for Intergovernmental Review: May 5, 2008. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* We reference additional regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. Stipends may be paid only to full-time students. For the payment of stipends to project participants being trained, the Secretary expects to set the stipend maximum at $1,800 per month for full-time students and provide for a $300 allowance per month per dependent during an academic term. The terms “stipend,” “full-time student,” and “dependent allowance” are defined in 34 CFR 263.3. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications:* Applications for grants under the Professional Development program, CFDA Number 84.299B must be submitted electronically using the Governmentwide Grants.gov apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for Professional Development grants at *http://www.Grants.gov.* You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.299, not 84.299B). *Please note the following:* • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).* You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date (with the exception of consortium agreements which must be submitted within the electronic application, if applicable). *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll-free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Lana Shaughnessy, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5C152, Washington, DC 20202-6335. FAX:
(202)260-7779. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.299B), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.299B), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.299B), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this competition are from 34 CFR 263.6 and are listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* The Secretary has established the following key performance measures for assessing the effectiveness of the Professional Development program:
(1)The percentage of participants in administrator preparation projects who become principals, vice principals, or school administrators in LEAs that enroll five percent or more American Indian and Alaska Native students;
(2)The percentage of participants in teacher preparation projects who become teachers in LEAs that enroll five percent or more American Indian and Alaska Native students;
(3)The percentage of program participants who meet the definition of “Highly Qualified” in section 9101(23) of the ESEA;
(4)The percentage of program participants who complete their service requirement on schedule;
(5)The cost per individual who successfully completes an administrator preparation program, takes a position in a school district with at least five percent American Indian/Alaska Native enrollment, and completes the service requirement in a district; and
(6)The cost per individual who successfully completes a teacher preparation program, takes a position in a school district with at least five percent American Indian/Alaska Native enrollment, and completes the service requirement in such a district. We encourage applicants to demonstrate a strong capacity to provide reliable data on these measures in their responses to the selection criteria “Quality of project services” and “Quality of the project evaluation.” All grantees will be expected to submit, as part of their performance report, information with respect to these performance measures. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Lana Shaughnessy, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5C152, Washington, DC 20202-6335. Telephone:
(202)205-2528 or by e-mail: *Indian.education@ed.gov.* If you use a TDD, you may call the FRS toll free at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 29, 2008. Kerri L. Briggs, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E8-1904 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Fund for the Improvement of Postsecondary Education (FIPSE)-Special Focus Competition: U.S.-Brazil Higher Education Consortia Program Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 *Catalog of Federal Domestic Assistance
(CFDA)Number:* 84.116M. Dates: *Applications Available:* February 1, 2008. *Deadline for Transmittal of Applications:* April 17, 2008. *Deadline for Intergovernmental Review:* June 16, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of this program is to provide grants or enter into cooperative agreements to improve postsecondary education opportunities by focusing on problem areas in postsecondary education, or approaches to improve postsecondary education. *Priority:* Under this competition, we are particularly interested in applications that address the following priority. *Invitational Priority:* For FY 2008, this priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications. *This priority is:* This priority encourages proposals designed to support the formation of educational consortia of United States (U.S.) and Brazilian institutions to support cooperation in the coordination of curricula, the exchange of students, and the opening of educational opportunities between the U.S. and Brazil. The invitational priority is issued in cooperation with Brazil. These awards support only the participation of U.S. institutions and students in these consortia. Brazilian institutions participating in any consortium proposal responding to the invitational priority may apply to the Coordination of Improvement of Personnel of Superior Level (CAPES), Brazilian Ministry of Education, for additional funding under a separate but parallel Brazilian competition. *Program Authority:* 20 U.S.C. 1138-1138d. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $350,000. *Estimated Range of Awards:* $25,000-$30,000 for the first year. $220,000 for the four-year duration of the grant. *Estimated Average Size of Awards:* $220,000 for the four-year duration of the grant. $50,000 for the two-year complementary grants. Note: Two-year complementary grants support activities that complement partnerships between or among U.S. and Brazilian colleges and universities. The objectives of these activities (which may receive up to two years of funding) support the extension of projects. These objectives are—
(1)outreach to local or regional communities in both countries;
(2)scale-up of current activities to include additional partners and organizations; and
(3)the dissemination of project results. Proposed activities may be conducted by groups of institutions currently funded by the U.S.—Brazil Program or established partnerships not previously supported under the U.S.—Brazil Program. *Maximum Award:* We will reject any application that proposes a budget exceeding $80,000 for a single budget period of 12 months. The Assistant Secretary for Postsecondary Education may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 12. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 24 months for two-year complementary grants. Up to 48 months for four-year grants. III. Eligibility Information 1. *Eligible Applicants:* IHEs or combinations of IHEs and other public and private nonprofit institutions and agencies. 2. *Cost Sharing or Matching:* This program does not require cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* Sarah T. Beaton, Fund for the Improvement of Postsecondary Education, U.S. Department of Education, 1990 K Street, NW., room 6154, Washington, DC 20006-8544. Telephone:
(202)502-7621. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the application narrative (Part III) to the equivalent of no more than 20 pages (double spaced), using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted. The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the page limit does apply to all of the application narrative section. You must include all of the application narrative in Part III. We will reject your application if you apply these standards and exceed the page limit; or if you apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* February 1, 2008. *Deadline for Transmittal of Applications:* April 17, 2008. Applications for grants under this program must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under For Further Information Contact in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* June 16, 2008. 4. *Intergovernmental Review:* This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the U.S.-Brazil Higher Education Consortia Program, CFDA Number 84.116M, must be submitted electronically using the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for the U.S.-Brazil Higher Education Consortia Program at *http://www.Grants.gov.* You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.326, not 84.326A). Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp)* . These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues With the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under For Further Information Contact in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Sarah T. Beaton, U.S. Department of Education, 1990 K Street, NW., room 6154, Washington, DC 20006-8544. FAX:
(202)502-7877. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, *Attention:* (CFDA Number 84.116M), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, *Attention:* (CFDA Number 84.116M), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, *Attention:* (CFDA Number 84.116M), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 of EDGAR and are listed in the application package. 2. *Review and Selection Process:* An additional factor we consider in selecting an application for an award is whether the application demonstrates a bilateral, innovative U.S.-Brazilian approach to training and education. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* Under the Government Performance and Results Act (GPRA), the following measures will be used by the Department in assessing the performance of the program:
(1)The percentage of FIPSE grantees reporting project dissemination to others; and
(2)The percentage of FIPSE projects reporting institutionalization on their home campuses. If funded, you will be asked to collect and report data in your project's annual performance report (EDGAR, 34 CFR 75.590) on steps taken toward these goals. Consequently, applicants are advised to include these two indicators in conceptualizing the design, implementation and evaluation of the proposed project. Consideration of the two performance indicators is an important part of many of the review criteria. Thus, it is important to the success of your application that you include these indicators. Their measurement should be a part of the project evaluation plan, along with measures of your progress on the goals and objectives specific to your project. VII. Agency Contact *For Further Information Contact:* Sarah T. Beaton, Fund for the Improvement of Postsecondary Education, U.S.-Brazil Higher Education Consortia Program, 1990 K Street, NW., room 6154, Washington, DC 20006-8544. *Telephone:*
(202)502-7621. If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under *For Further Information Contact* in section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 29, 2008. Diane Auer Jones, Assistant Secretary for Postsecondary Education. [FR Doc. E8-1920 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Fund for the Improvement of Postsecondary Education; (FIPSE)—Special Focus Competition: European Union-United States Atlantis Program; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 Catalog of Federal Domestic Assistance
(CFDA)Number: 84.116J. DATES: *Applications Available:* February 1, 2008. *Deadline for Transmittal of Applications:* April 2, 2008. *Deadline for Intergovernmental Review:* June 2, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the program is to provide grants for or enter into cooperative agreements with eligible applicants to improve postsecondary education. *Priority:* Under this competition, we are particularly interested in applications that address the following priority. *Invitational Priority:* For FY 2008, this priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications. *This priority is:* This priority is designed to support the formation of educational consortia of American and European institutions to support cooperation in the coordination of curricula, the exchange of students, and the opening of educational opportunities between the United States (U.S.) and the European Union (EU). This priority relates to the purpose of the European Union-United States Atlantis (Atlantis) Program to develop and implement undergraduate joint or dual degree programs, or short-term exchange programs. This invitational priority is established in cooperation with the EU. These awards support only the participation of U.S. institutions and students in these consortia. EU institutions participating in any consortium proposal responding to the invitational priority may apply to the Directorate-General for Education and Culture (DG EAC), European Commission for funding under a separate but parallel EU competition. *Program Authority:* 20 U.S.C. 1138-1138d. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education
(IHEs)only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $1,400,000. *Estimated Range of Awards:* $35,000-$112,000 for the first year only. *Estimated Average Size of Awards:* $35,000 for a Policy Oriented Measures grant, $45,000 for a Mobility grant, and $112,000 for a Transatlantic Degree grant. You can find a detailed description of each of these three types of grants in the program guidelines in the application package for this competition. *Maximum Award:* We will reject any application that proposes a budget exceeding $150,000 for a single budget period of 12 months. The Assistant Secretary for Postsecondary Education may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 14. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 48 months. III. Eligibility Information 1. *Eligible Applicants:* IHEs or combinations of IHEs and other public and private nonprofit institutions and agencies. 2. *Cost Sharing or Matching:* This program does not require cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.grants.gov.* To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. Fax:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this program or competition as follows: CFDA number 84.116J. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under Alternative Format in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Word Limit and Application Format:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the application narrative (Part III) to no more than 6000 words. The page format for the application must comply with the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. The 6000 word limit and the formatting standards do not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; the one-page abstract, the short bios, the bibliography, or the letters of commitment. However, the 6000 word limit does apply to all of the application narrative section. You must include all of the application narrative in Part III. We will reject your application if you exceed the 6000 word limit. 3. *Submission Dates and Times:* *Applications Available:* February 1, 2008. *Deadline for Transmittal of Applications:* April 2, 2008. Applications for grants under this program must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* June 2, 2008. 4. *Intergovernmental Review:* This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the Atlantis Program, CFDA Number 84.116J, must be submitted electronically using the Governmentwide Grants.gov apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for the Atlantis Program at *http://www.Grants.gov.* You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.116, not 84.116J). Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *www.Grants.gov/applicants/get_registered.jsp* ). These steps include
(1)Registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any word-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed in section VII in this notice under FOR FURTHER INFORMATION CONTACT and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Frank Frankfort, U.S. Department of Education, 1990 K Street, NW., Room 6152, Washington, DC 20006-8544. Fax:
(202)502-7877. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.116J), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.116J), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.116J), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 of EDGAR and are listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html* . 4. *Performance Measures:* Under the Government Performance and Results Act of 1993 (GPRA), the following two measures will be used by the Department in assessing the performance of the FIPSE program as a whole:
(1)The percentage of FIPSE grantees who report project dissemination to others; and
(2)The percentage of FIPSE projects that report institutionalization on their home campuses. In addition, the program has developed two performance measures specifically for the FIPSE European Union-United States Atlantis Program:
(1)The percentage of students pursuing a joint or dual degree who persist from one academic year to the next (persistence); and
(2)The percentage of students who graduate within the project's stated time for completing a joint or dual degree (graduation). If funded, you will be asked to collect and report data in your project's annual performance report (EDGAR, 34 CFR 75.590) on the program's four measures. Consequently, applicants are advised to include these four measures in conceptualizing the design, implementation, and evaluation of their proposed projects. Consideration of the performance measures is an important part of many of the review criteria. Thus, it is important to the success of your application that you include these measures. These measures should be a part of the project evaluation plan, along with any measures of your progress on the goals and objectives that are specific to your project. VII. Agency Contact *For Further Information Contact:* Frank Frankfort, Fund for the Improvement of Postsecondary Education, European Union-United States Atlantis Program, 1990 K Street, NW., Room 6152, Washington, DC 20006-8544. Telephone:
(202)502-7513. The contact person does not mail application materials. If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 29, 2008. Diane Auer Jones, Assistant Secretary for Postsecondary Education. [FR Doc. E8-1918 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Rehabilitation Research and Training Centers (RRTCs) Notice inviting applications for new awards for fiscal year
(FY)2008. Catalog of Federal Domestic Assistance
(CFDA)Numbers: 84.133B-1, 84.133B-3, 84.133B-4, and 84.133B-5. Note: This notice invites applications for four separate competitions. For key dates, contact person information, and funding information regarding each of the four competitions, see the chart in the Award Information section of this notice. DATES: *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Date of Pre-Application Meeting:* See chart. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the RRTC program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, through advanced research, training, technical assistance, and dissemination activities in general problem areas, as specified by NIDRR. Such activities are designed to benefit rehabilitation service providers, individuals with disabilities, and the family members or other authorized representatives of individuals with disabilities. Additional information on the RRTC program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.* *Priorities:* NIDRR has established five separate priorities for the four competitions announced in this notice. *The General RRTC Requirements* priority, which applies to all RRTC competitions and the remaining four priorities announced in this notice, are from the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published elsewhere in this issue of the **Federal Register** . *Absolute Priorities:* For FY 2008, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3), for each competition (designated by CFDA number in the following chart), we consider only applications that meet both the *General RRTC Requirements* priority and the absolute priority designated for that competition. *Absolute Priority* *Corresponding Competition CFDA Number* General RRTC Requirements 84.133B-1, 84.133B-3, 84.133B-4, 84.133B-5 Personal Assistance Services
(PAS)in the 21st Century 84.133B-1 Disability Statistics and Demographics 84.133B-3 Health and Function Across the Lifespan of Individuals With Intellectual and Developmental Disabilities 84.133B-4 Community Living and Employment for Individuals with Intellectual and Developmental Disabilities 84.133B-5 *Program Authority:* 29 U.S.C. 762(g) and 764(b)(2). *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, and 97.
(b)The regulations for this program in 34 CFR part 350.
(c)The notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published elsewhere in this issue of the **Federal Register** . Note: The regulations in 34 CFR part 86 apply to institutions of higher education
(IHEs)only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $7,650,000. *Estimated Range of Awards:* See chart. *Maximum Award:* See chart. *Estimated Number of Awards:* See chart. *Project Period:* See chart. Rehabilitation Research and Training Centers Application Notice for Fiscal Year 2008 CFDA number and name Applications available Deadline for transmittal of applications Date of pre-application meeting Estimated range of awards Estimated average size of awards Maximum award * Estimated number of awards Project period Contact person 84.133B-1 Personal Assistance Services
(PAS)in the 21st Century 02/01/08 04/01/08 02/27/08 $847,999- 850,000 $848,999 $850,000 * 1 Up to 60 mos. Donna Nangle,
(202)245-7462, Rm 6029. 84.133B-3 Disability Statistics and Demographics 02/27/08 $847,999- 850,000 848,999 850,000 * 1 Up to 60 mos 84.133B-4 Health and Function Across the Lifespan of Individuals With Intellectual and Developmental Disabilities 02/20/08 $847,999- 850,000 848,999 850,000 * 1 Up to 60 mos 84.133B-5 Community Living and Employment for Individuals with Intellectual and Developmental Disabilities 02/20/08 $847,999- 850,000 848,999 850,000 * 1 Up to 60 mos *We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the Federal Register . Note: The Department is not bound by any estimates in this notice. Note: The maximum amount includes direct and indirect costs. The maximum allowable indirect cost rate is 15 percent. III. Eligibility Information 1. *Eligible Applicants:* States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations. 2. *Cost Sharing or Matching:* This competition does not require cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.ed.gov/fund/grant/apply/grantapps/index.html.* To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify the competition to which you want to apply, as follows: CFDA number 84.133B-1, 84.13B-3, 84.133B-4, or 84.133B-5. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for each competition announced in this notice. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 125 pages for each competition, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative. Single spacing may be used for titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III). The application package will provide instructions for completing all components to be included in the application. Each application must include a cover sheet (Standard Form 424); budget requirements (ED Form 524) and narrative justification; other required forms; an abstract, Human Subjects narrative, Part III narrative; resumes of staff; and other related materials, if applicable. 3. *Submission Dates and Times:* Applications Available: See chart. Deadline for Transmittal of Applications: See chart. Pre-Application Meeting: Interested parties are invited to participate in any of the pre-application meetings held for the competitions announced in this notice and to receive information and technical assistance through individual consultation with NIDRR staff. The dates for each of the competitions' pre-application meetings are listed in the chart in the *Award Information* section in this notice. Interested parties may participate in these meetings on the dates listed in the chart by conference call with NIDRR staff from the Office of Special Education and Rehabilitative Services between 10 a.m. and 12 p.m., Washington, DC time. For each meeting, NIDRR staff also will be available from 1:30 p.m. to 3:30 p.m. on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in any of these meetings via conference call or for an individual consultation, contact Donna Nangle, U.S. Department of Education, Potomac Center Plaza (PCP), Room 6029, 550 12th Street, SW., Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donna.Nangle@ed.gov.* Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV.6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. 4. *Intergovernmental Review:* This competition is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Rehabilitation Research and Training Centers competitions, CFDA number 84.133B-1, 84.133B-3, 84.133B-4, or 84.133B-5, announced in this notice are included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Rehabilitation Research and Training Centers competitions—CFDA number 84.133B-1, 84.133B-3, 84.133B-4, or 84.133B-5 at *http://www.Grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133B). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for the competition to which you are applying to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic notification of receipt from Grants.gov that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133B-1, 84.133B-3, 84.133B-4, or 84.133B-5), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA number 84.133B-1, 84.133B-3, 84.133B-4, or 84.133B-5), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133B-1, 84.133B-3, 84.133B-4, or 84.133B-5), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 350.54 and are listed in the application package. 2. *Review and Selection Process:* Additional factors we consider in determining the merits of an application are as follows— The Secretary is interested in outcomes-oriented research or development projects that use rigorous scientific methodologies. To address this interest, applicants are encouraged to articulate goals, objectives, and expected outcomes for the proposed research or development activities. Proposals should describe how results and planned outputs are expected to contribute to advances in knowledge, improvements in policy and practice, and public benefits for individuals with disabilities. Applicants should propose projects that are designed to be consistent with these goals. We encourage applicants to include in their application a description of how results will measure progress towards achievement of anticipated outcomes (including a discussion of the proposed measures of effectiveness), the mechanisms that will be used to evaluate outcomes associated with specific problems or issues, and how the proposed activities will support new intervention approaches and strategies. Submission of the information identified in this section V. 2. *Review and Selection Process* is voluntary, except where required by the selection criteria listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html* . Note: NIDRR will provide information by letter to grantees on how and when to submit the report. 4. *Performance Measures:* To evaluate the overall success of its research program, NIDRR assesses the quality of its funded projects through a review of grantee performance and products. Each year, NIDRR examines, a portion of its grantees to determine: • The percentage of newly-awarded NIDRR projects that are conducting at least one multi-site, collaborative controlled trial of interventions and programs. • The number of accomplishments (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices) developed or tested with NIDRR funding that have been judged by expert panels to be of high quality and to advance the field. • The average number of publications per award based on NIDRR-funded research and development activities in refereed journals. • The percentage of new grants that include studies funded by NIDRR that assess the effectiveness of interventions, programs, and devices using appropriate methods. NIDRR uses information submitted by grantees as part of their Annual Performance Reports
(APRs)in support of these performance measures. Updates on the Government Performance and Results Act of 1993
(GPRA)indicators, revisions and methods appear on the NIDRR Program Review Web site: *http://www.neweditions.net/pr/commonfiles/pmconcepts.htm* . Grantees should consult these sites on a regular basis to obtain details and explanations on how NIDRR programs contribute to the advancement of the Department's long-term and annual performance goals. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Donna Nangle, U.S. Department of Education, 400 Maryland Avenue, SW., room 6029, PCP, Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donna.Nangle@ed.gov* If you use a TDD, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 20202-2550. Telephone:
(202)245-7363. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *www.gpoaccess.gov/nara/index.html* . Dated: January 29, 2008. Tracy R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-1905 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Disability Rehabilitation Research Projects (DRRPs); Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 *Catalog of Federal Domestic Assistance
(CFDA)Numbers:* 84.133A-1, 84.133A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, and 84.133A-10. Note: This notice invites applications for nine separate competitions. For key dates, contact person information, and funding information regarding each of the nine competitions, see the chart in the *Award Information* section of this notice. DATES: *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Date of Pre-Application Meeting:* See chart. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the DRRP program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by developing methods, procedures, and rehabilitation technologies that advance a wide range of independent living and employment outcomes for individuals with disabilities, especially individuals with the most severe disabilities. DRRPs carry out one or more of the following types of activities, as specified and defined in 34 CFR 350.13 through 350.19: research, development, demonstration, training, dissemination, utilization, and technical assistance. An applicant for assistance under this program must demonstrate in its application how it will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds (34 CFR 350.40(a)). The approaches an applicant may take to meet this requirement are found in 34 CFR 350.40(b). Additional information on the DRRP program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP* . *Priorities:* NIDRR has established 10 separate priorities for the 9 competitions announced in this notice. The *General DRRP Requirements* priority, which applies to all DRRP competitions announced in this notice, is from the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published in the **Federal Register** on April 28, 2006 (71 FR 25472). The remaining nine priorities are from the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published elsewhere in this issue of the **Federal Register** . *Absolute Priorities:* For FY 2008, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3), for each competition (designated by CFDA number in the following chart), we consider only applications that meet both the *General DRRP Requirements* priority and the absolute priority designated for that competition. These priorities are: Absolute priority Corresponding competition CFDA number General DRRP Requirements 84.133A-1, 84.133A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, and 84.133A-10 Health Care Coordination for Individuals with Physical Disabilities 84.133A-1 Health and Health Care Disparities Among Individuals with Disabilities 84.133A-3 Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects 84.133A-4 Classification and Measurement of Medical Rehabilitation Interventions 84.133A-5 Vocational Rehabilitation Service Models for Individuals with Autism Spectrum Disorders 84.133A-6 Center on Knowledge Translation for Technology Transfer 84.133A-7 Asset Accumulation and Economic Self-Sufficiency for Individuals with Disabilities 84.133A-8 Technology Access in Resource-Limited Environments 84.133A-9 Research and Knowledge Translation Center for Individuals with Disabilities and Their Families 84.133A-10 *Program Authority:* 29 U.S.C. 762(g) and 764(a). *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, and 97.
(b)The regulations for this program in 34 CFR part 350.
(c)The notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published in the **Federal Register** on April 28, 2006 (71 FR 25472).
(d)The notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published elsewhere in this issue of the **Federal Register** . Note: The regulations in 34 CFR part 86 apply to institutions of higher education
(IHEs)only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $8,876,00. *Estimated Range of Awards:* See chart. *Maximum Award:* See chart. *Estimated Number of Awards:* See chart. *Project Period:* See chart. Disability Rehabilitation Research Projects Application Notice for Fiscal Year 2008 CFDA number and name Applications available Deadline for transmittal of applications Date of pre-application meeting Estimated range of awards Estimated average size of awards Maximum award* Estimated number of awards Project period Contact person 84.133A-1 Health Care Coordination for Individuals With Physical Disabilities 02/01/08 04/1/08 02/22/08 $289,999-300,000 $297,999 *$300,000 1 Up to 60 mos. Donna Nangle,
(202)245-7462, Rm 6029. 84.133A-3 Health and Health Care Disparities Among Individuals With Disabilities 02/22/08 447,999-450,000 448,999 *450,000 1 Up to 60 mos 84.133A-4 Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects 02/22/08 851,999-855,000 853,999 *855,000 2 Up to 60 mos 84.133A-5 Classification and Measurement of Medical Rehabilitation Interventions 02/27/08 347,999-350,000 348,999 *350,000 1 Up to 60 mos 84.133A-6 Vocational Rehabilitation Service Models for Individuals With Autism Spectrum Disorders 02/25/08 347,999-350,000 348,999 *350,000 1 Up to 60 mos 84.133A-7 Center on Knowledge Translation for Technology Transfer 02/26/08 977,999-1,000,000 998,999 *1,000,000 1 Up to 60 mos 84.133A-8 Asset Accumulation and Economic Self-Sufficiency for Individuals With Disabilities 02/25/08 297,999-300,000 298,999 *300,000 1 Up to 36 mos 84.133A-9 Technology Access in Resource-Limited Environments 02/27/08 947,999-950,000 948,999 *950,000 1 Up to 60 mos 84.133A-10 Research and Knowledge Translation Center for Individuals With Disabilities and Their Families 02/20/08 497,999-500,000 498,999 *500,000 1 Up to 36 mos * We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . Note: The Department is not bound by any estimates in this notice. Note: The maximum amount includes direct and indirect costs. III. Eligibility Information 1. *Eligible Applicants:* States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations. 2. *Cost Sharing or Matching:* Cost sharing is required by 34 CFR 350.62 and will be negotiated at the time of the grant award. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.ed.gov/fund/grant/apply/grantapps/index.html* . To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify the competition to which you want to apply, as follows: CFDA number 84.133A-1, 84.13A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, or 84.133A-10. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for each competition announced in this notice. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 75 pages for each competition, with the exception of competitions 84.133A-4, 84.133A-7, and 84.133A-9, for which we recommend a page limit of 125 pages. In applying these page limits, use the following standards: • A “page” is 8.5” x 11”, on one side only, with 1” margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative. Single spacing may be used for titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III). The application package will provide instructions for completing all components to be included in the application. Each application must include a cover sheet (Standard Form 424); budget requirements (ED Form 524) and narrative justification; other required forms; an abstract, Human Subjects narrative, Part III narrative; resumes of staff; and other related materials, if applicable. 3. *Submission Dates and Times:* *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Pre-Application Meeting:* Interested parties are invited to participate in any of the pre-application meetings held for the competitions announced in this notice and to receive information and technical assistance through individual consultation with NIDRR staff. The dates for each of the competitions' pre-application meetings are listed in the chart in the *Award Information* section in this notice. Interested parties may participate in these meetings on the dates listed in the chart by conference call with NIDRR staff from the Office of Special Education and Rehabilitative Services between 1 p.m. and 3 p.m., Washington, DC time, with the exception of the pre-application meeting for the Traumatic Brain Injury Model Systems (TBIMS) Centers Collaborative Research Projects competition (84.133A-4), which will be held between 10 a.m. and 12 p.m., Washington, DC time. For each meeting, NIDRR staff also will be available from 3:30 p.m. to 4:30 p.m. on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in any of these meetings via conference call or for an individual consultation, contact Donna Nangle, U.S. Department of Education, Potomac Center Plaza (PCP), room 6029, 550 12th Street, SW., Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donna.Nangle@ed.gov.* Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. 4. *Intergovernmental Review:* This competition is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Disability Rehabilitation Research Projects competitions, CFDA number 84.133A-1, 84.133A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, or 84.133A-10, announced in this notice are included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Disability Rehabilitation Research Projects competitions—CFDA number 84.133A-1, 84.133A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, or 84.133A-10 at *http://www.Grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133A). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for the competition to which you are applying to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues With the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of paper applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133A-1, 84.13A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, or 84.133A-10), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA number 84.133A-1, 84.133A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, or 84.133A-10), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133A-1, 84.13A-3, 84.133A-4, 84.133A-5, 84.133A-6, 84.133A-7, 84.133A-8, 84.133A-9, or 84.133A-10), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note: for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 350.54 and are listed in the application package. 2. *Review and Selection Process:* Additional factors we consider in determining the merits of an application are as follows— The Secretary is interested in outcomes—oriented research or development projects that use rigorous scientific methodologies. To address this interest, applicants are encouraged to articulate goals, objectives, and expected outcomes for the proposed research or development activities. Proposals should describe how results and planned outputs are expected to contribute to advances in knowledge, improvements in policy and practice, and public benefits for individuals with disabilities. Applicants should propose projects that are designed to be consistent with these goals. We encourage applicants to include in their application a description of how results will measure progress towards achievement of anticipated outcomes (including a discussion of measures of effectiveness), the mechanisms that will be used to evaluate outcomes associated with specific problems or issues, and how the proposed activities will support new intervention approaches and strategies. Submission of the information identified in this section V. 2. *Review and Selection Process* is voluntary, except where required by the selection criteria listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable* Regulations section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* Note: NIDRR will provide information by letter to grantees on how and when to submit the report. 4. *Performance Measures:* To evaluate the overall success of its research program, NIDRR assesses the quality of its funded projects through review of grantee performance and products. Each year, NIDRR examines a portion of its grantees to determine: • The percentage of newly-awarded NIDRR projects that are multi-site, collaborative, controlled studies of interventions and programs. • The number of accomplishments (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices) developed or tested with NIDRR funding that have been judged by expert panels to be of high quality and to advance the field. • The average number of publications per award based on NIDRR-funded research and development activities in refereed journals. • The percentage of new grants that include studies funded by NIDRR that assess the effectiveness of interventions, programs, and devices using rigorous methods. NIDRR uses information submitted by grantees as part of their Annual Performance Reports
(APRs)in support of these performance measures. Updates on the Government Performance and Results Act of 1993
(GPRA)indicators, revisions, and methods appear on the NIDRR Program Review Web site: *http://www.neweditions.net/pr/commonfiles/pmconcepts.htm.* Grantees should consult these sites on a regular basis to obtain details and explanations on how NIDRR programs contribute to the advancement of the Department's long-term and annual performance goals. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Donna Nangle, U.S. Department of Education, 400 Maryland Avenue, SW., room 6029, PCP, Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donnna.Nangle@ed.gov.* If you use a TDD, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 20202-2550. Telephone:
(202)245-7363. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 29, 2008. Tracy R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-1902 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Rehabilitation Engineering Research Centers (RERCs); Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 Catalog of Federal Domestic Assistance
(CFDA)Numbers: 84.133E-1, 84.133E-3, 84.133E-4, 84.133E-5, 84.133E-6, and 84.133E-7. Note: This notice invites applications for six separate competitions. For key dates, contact person information, and funding information regarding each of the six competitions, see the chart in the *Award Information* section of this notice. Dates: *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Date of Pre-Application Meeting:* See chart. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the RERC program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by conducting advanced engineering research and development on innovative technologies that are designed to solve particular rehabilitation problems, or remove environmental barriers. RERCs also demonstrate and evaluate such technologies, facilitate service delivery system changes, stimulate the production and distribution of new technologies and equipment in the private sector, and provide training opportunities. Additional information on the RERC program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#RERC.* *Priorities:* These priorities are from the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published elsewhere in this issue of the **Federal Register** . Each of the priorities announced in this notice corresponds to a separate competition as follows: *Absolute Priority* *Competition CFDA No.* RERC for Hearing Enhancement 84.133E-1 RERC for Accessible Public Transportation 84.133E-3 RERC for Prosthetics and Orthotics 84.133E-4 RERC for Communication Enhancement 84.133E-5 RERC for Universal Interface and Information Technology Access 84.133E-6 RERC for Wheeled Mobility 84.133E-7 *Absolute Priorities:* For FY 2008, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3), for each competition, we consider only applications that meet the absolute priority designated for that competition. *Program Authority:* 29 U.S.C. 762(g) and 764(b)(3). *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, and 97.
(b)The regulations for this program in 34 CFR part 350.
(c)The notice of final priorities for the Disability and Rehabilitation Research Projects and Centers program, published elsewhere in this issue of the **Federal Register** . Note: The regulations in 34 CFR part 86 apply to institutions of higher education
(IHEs)only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $6,650,000. *Estimated Range of Awards:* See chart. *Maximum Award:* See chart. *Estimated Number of Awards:* See chart. *Project Period:* See chart. Rehabilitation Engineering Research Center Application Notice for Fiscal Year 2008 CFDA number and name Applications available Deadline for transmittal of applications Date of pre-application meeting Estimated range of awards Estimated average size of awards Maximum award* Estimated number of awards Project period Contact person 84.133E-1 RERC for Hearing Enhancement 02/01/08 04/01/08 02/21/08 $947,999-$950,000 $948,999 * $950,000 1 Up to 60 mos. Donna Nangle
(202)245-7462, Rm 6029 84.133E-3 RERC for Accessible Public Transportation 02/21/08 $947,999-$950,000 $948,999 * $950,000 1 Up to 60 mos 84.133E-4 RERC for Prosthetics and Orthotics 02/21/08 $947,999-$950,000 $948,999 $* 950,000 1 Up to 60 mos 84.133E-5 RERC for Communication Enhancement 02/19/08 $947,999-$950,000 $948,999 * $950,000 1 Up to 60 mos 84.133E-6 RERC for Universal Interface and Information Technology Access 02/19/08 $947,999-$950,000 $948,999 * $950,000 1 Up to 60 mos 84.133E-7 RERC for Wheeled Mobility 02/19/08 $947,999-$950,000 $948,999 * $950,000 1 Up to 60 mos * We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the Federal Register . Note: The Department is not bound by any estimates in this notice. Note: The maximum amount includes direct and indirect costs. III. Eligibility Information 1. *Eligible Applicants:* States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations. 2. *Cost Sharing or Matching:* This competition does not require cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.ed.gov/fund/grant/apply/grantapps/index.html.* To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. Fax:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify the competition to which you want to apply, as follows: CFDA number 84.133E-1, 84.13E-3, 84.133E-4, 84.133E-5, 84.133E-6, or 84.133E-7. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for each competition announced in this notice. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 125 pages for each competition, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative. Single spacing may be used for titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III). The application package will provide instructions for completing all components to be included in the application. Each application must include a cover sheet (Standard Form 424); budget requirements (ED Form 524) and narrative justification; other required forms; an abstract, Human Subjects narrative, Part III narrative; resumes of staff; and other related materials, if applicable. 3. *Submission Dates and Times:* *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Pre-Application Meeting:* Interested parties are invited to participate in any of the pre-application meetings held for the competitions announced in this notice and to receive information and technical assistance through individual consultation with NIDRR staff. The dates for each of the competitions' pre-application meetings are listed in the chart in the *Award Information* section in this notice. Interested parties may participate in these meetings on the dates listed in the chart by conference call with NIDRR staff from the Office of Special Education and Rehabilitative Services between 1 p.m. and 3 p.m., Washington, DC time. For each meeting, NIDRR staff also will be available from 3:30 p.m. to 4:30 p.m. on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in any of these meetings via conference call or for an individual consultation, contact Donna Nangle, U.S. Department of Education, Potomac Center Plaza (PCP), Room 6029, 550 12th Street, SW., Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donna.Nangle@ed.gov* . Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. 4. *Intergovernmental Review:* This competition is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications* . To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Rehabilitation Engineering Research Centers competitions, CFDA number 84.133E-1, 84.133E-3, 84.133E-4, 84.133E-5, 84.133E-6, or 84.133E-7, announced in this notice are included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Rehabilitation Research and Training Centers competitions—CFDA number 84.133E-1, 84.133E-3, 84.133E-4, 84.133E-5, 84.133E-6, or 84.133E-7 at *http://www.Grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133E). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for the competition to which you are applying to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf)* . You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail* . If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133E-1, 84.133E-3, 84.133E-4, 84.133E-5, 84.133E-6, or 84.133E-7), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA number 84.133E-1, 84.133E-3, 84.133E-4, 84.133E-5, 84.133E-6, or 84.133E-7), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133E-1, 84.133E-3, 84.133E-4, 84.133E-5, 84.133E-6, or 84.133E-7), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 350.54 and are listed in the application package. 2. *Review and Selection Process:* Additional factors we consider in determining the merits of an application are as follows— The Secretary is interested in outcomes-oriented research or development projects that use rigorous scientific methodologies. To address this interest, applicants are encouraged to articulate goals, objectives, and expected outcomes for the proposed research or development activities. Proposals should describe how results and planned outputs are expected to contribute to advances in knowledge, improvements in policy and practice, and public benefits for individuals with disabilities. Applicants should propose projects that are designed to be consistent with these goals. We encourage applicants to include in their application a description of how results will measure progress towards achievement of anticipated outcomes (including a discussion of measures of effectiveness), the mechanisms that will be used to evaluate outcomes associated with specific problems or issues, and how the proposed activities will support new intervention approaches and strategies. Submission of the information identified in this section V. 2. *Review and Selection Process* is voluntary, except where required by the selection criteria listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* Note: NIDRR will provide information by letter to grantees on how and when to submit the report. 4. *Performance Measures:* To evaluate the overall success of its research program, NIDRR assesses the quality of its funded projects through review of grantee performance and products. Each year, NIDRR examines a portion of its grantees to determine: • The percentage of newly-awarded NIDRR projects that are multi-site, collaborative, controlled studies of interventions and programs. • The number of accomplishments (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices) developed or tested with NIDRR funding that have been judged by expert panels to be of high quality and to advance the field. • The number of new or improved NIDRR-funded assistive and universally designed technologies, products, and devices transferred to industry for potential commercialization. • The average number of publications per award based on NIDRR-funded research and development activities in refereed journals. • The percentage of new grants that include studies funded by NIDRR that assess the effectiveness of interventions, programs, and devices using rigorous methods. NIDRR uses information submitted by grantees as part of their Annual Performance Reports
(APRs)in support of these performance measures. Updates on the Government Performance and Results Act of 1993
(GPRA)indicators, revisions, and methods appear on the NIDRR Program Review Web site: *http://www.neweditions.net/pr/commonfiles/pmconcepts.htm.* Grantees should consult these sites on a regular basis to obtain details and explanations on how NIDRR programs contribute to the advancement of the Department's long-term and annual performance goals. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Donna Nangle, U.S. Department of Education, 400 Maryland Avenue, SW., Room 6029, PCP, Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: Donnna.Nangle@ed.gov. If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5075, PCP, Washington, DC 20202-2550. Telephone:
(202)245-7363. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 29, 2008. Tracy R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-1907 Filed 1-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY [OE Docket No. EA-332] Application To Export Electric Energy; Nexen Marketing U.S.A. Inc. AGENCY: Office of Electricity Delivery and Energy Reliability, DOE. ACTION: Notice of application. SUMMARY: Nexen Marketing U.S.A. Inc. (Nexen) has applied for authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act. DATES: Comments, protests, or requests to intervene must be submitted on or before March 3, 2008. ADDRESSES: Comments, protests, or requests to intervene should be addressed as follows: Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 20585-0350 (FAX 202-586-8008). FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-586-9624 or Michael Skinker (Program Attorney) 202-586-2793. SUPPLEMENTARY INFORMATION: Exports of electricity from the United States to a foreign country are regulated by the Department of Energy
(DOE)pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the FPA (16 U.S.C. 824a(e)). On December 17, 2007, the Department of Energy
(DOE)received an application from Nexen for authority to transmit electric energy from the United States to Canada as a power marketer. Nexen, a Delaware corporation with its principal place of business in Calgary, Alberta, Canada, has requested an electricity export authorization with a 5-year term. Nexen does not own or control any electric generation, transmission, or distribution assets within the United States, nor does it have a franchised service area in the United States. The electric energy which Nexen proposes to export to Canada would be surplus energy purchased from electric utilities, Federal power marketing agencies, and other entities within the United States. Nexen will arrange for the delivery of exports to Canada over the international transmission facilities owned by Basin Electric Power Cooperative, Bonneville Power Administration, Eastern Maine Electric Cooperative, International Transmission Co., Joint Owners of the Highgate Project, Long Sault, Inc., Maine Electric Power Company, Maine Public Service Company, Minnesota Power, Inc., Minnkota Power Cooperative, Inc., New York Power Authority, Niagara Mohawk Power Corp., Northern States Power Company, Vermont Electric Power Company, and Vermont Electric Transmission Co. The construction, operation, maintenance, and connection of each of the international transmission facilities to be utilized by Nexen has previously been authorized by a Presidential permit issued pursuant to Executive Order 10485, as amended. *Procedural Matters:* Any person desiring to become a party to these proceedings or to be heard by filing comments or protests to this application should file a petition to intervene, comment, or protest at the address provided above in accordance with §§ 385.211 or 385.214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each petition and protest should be filed with DOE on or before the date listed above. Comments on the Nexen application to export electric energy to Canada should be clearly marked with Docket No. EA-332. Additional copies are to be filed directly with Douglas F. John, John & Hengerer, 1730 Rhode Island Ave., NW., Suite 600, Washington, DC 20036-3116 and Diane Cameron, Director, Regulatory, Nexen Marketing U.S.A. INC., 801 7th Avenue, SW., Calgary, AB T2P 3P7 Canada. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and a determination is made by DOE that the proposed action will not adversely impact on the reliability of the U.S. electric power supply system. Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at *http://www.oe.energy.gov/permitting/electricity_imports_exports.htm* , or by e-mailing Odessa Hopkins at *Odessa.hopkins@hq.doe.gov.* Issued in Washington, DC, on January 29, 2008. Anthony J. Como, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability. [FR Doc. E8-1917 Filed 1-31-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY [OE Docket No. EA-337] Application To Export Electric Energy; Synergy Power Marketing, Inc. AGENCY: Office of Electricity Delivery and Energy Reliability, DOE. ACTION: Notice of application. SUMMARY: Synergy Power Marketing, Inc. (Synergy) has applied for authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act. DATES: Comments, protests, or requests to intervene must be submitted on or before February 19, 2008. ADDRESSES: Comments, protests, or requests to intervene should be addressed as follows: Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-586-8008). FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-586-9624 or Michael Skinker (Program Attorney) 202-586-2793. SUPPLEMENTARY INFORMATION: Exports of electricity from the United States to a foreign country are regulated by the Department of Energy
(DOE)pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the FPA (16 U.S.C. 824a(e)). On January 28, 2008, the Department of Energy
(DOE)received an application from Synergy for authority to transmit electric energy from the United States to Canada as a power marketer. Synergy, a power marketer with its principal place of business in Alberta, Canada, has requested an electricity export authorization with a 5-year term. Synergy does not own or control any electric generation, transmission, or distribution assets, nor does it have a franchised service area. The electric energy which Synergy proposes to export to Canada would be surplus energy purchased from electric utilities, Federal power marketing agencies, and other entities within the United States. Synergy requests that consideration of the application be expedited so that it may participate in the Alberta market that has recently experienced some supply uncertainty and price volatility. Specifically, Synergy requests that DOE rule on its application prior to March 1, 2008. Synergy will arrange for the delivery of exports to Canada over the international transmission facilities owned by Basin Electric Power Cooperative, Bonneville Power Administration, Eastern Maine Electric Cooperative, International Transmission Co., Joint Owners of the Highgate Project, Long Sault, Inc., Maine Electric Power Company, Maine Public Service Company, Minnesota Power, Inc., Minnkota Power Cooperative, Inc., New York Power Authority, Niagara Mohawk Power Corp., Northern States Power Company, Vermont Electric Power Company, and Vermont Electric Transmission Co. The construction, operation, maintenance, and connection of each of the international transmission facilities to be utilized by Synergy has previously been authorized by a Presidential permit issued pursuant to Executive Order 10485, as amended. *Procedural Matters:* Any person desiring to become a party to these proceedings or to be heard by filing comments or protests to this application should file a petition to intervene, comment, or protest at the address provided above in accordance with §§ 385.211 or 385.214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each petition and protest should be filed with DOE on or before the date listed above. DOE has granted Synergy's request for expedited treatment of its application and shortened the public comment period to 15 days. Comments on the Synergy application to export electric energy to Canada should be clearly marked with Docket No. EA-337. Additional copies are to be filed directly with Randall Dost, Sean Pinnell, Synergy Power Marketing, Inc., Ste 800, 2303 4th Street, Calgary, Alberta T2S 2S7 and Linda Williams, 518 Carolina Drive, Toccoa, GA 30577. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and a determination is made by DOE that the proposed action will not adversely impact on the reliability of the U.S. electric power supply system. Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at *http://www.oe.energy.gov/permitting/electricity_imports_exports.htm* , or by e-mailing Odessa Hopkins at *Odessa.hopkins@hq.doe.gov* . Issued in Washington, DC, on January 29, 2008. Anthony J. Como, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability. [FR Doc. E8-1916 Filed 1-31-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Notice of Opportunity for Technical Assistance (NOTA)—DE-PS36-08GO98011, Solar America Initiative
(SAI)Market Transformation: Solar America Showcases, FY 2008 AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy (DOE). SUMMARY: The Department of Energy
(DOE)is accepting requests for Technical Assistance for large-scale, high-visibility solar installation projects that have the ability to impact the market for solar technologies through large project size, use of a novel solar technology, and/or use of a novel application for a solar technology. In addition, it is desired that the project be replicable or have replicable components. It is not expected that all projects will meet all of these parameters, but projects would ideally reflect some or most of these qualities. Large-scale installations may include photovoltaic, concentrating solar power, solar water heating, and solar space heating applications. Technical assistance will not be provided for research, product development, or early stage testing and evaluation of any technology or product. Solar America Showcases focus on providing support to projects in which a commercially-ready technology is to be installed in a large-scale application with full financial project commitment already in place. Any legal entity, to include private sector for-profit and non-profit organizations, State and local governments, and trade and other associations may request DOE Technical Assistance under this Notice, so long as the installation proposed by the organization, and for which the Technical Assistance will be provided, is located in the United States. Federal agencies are not permitted to request Technical Assistance under this Notice. Federally Funded Research and Development Center (FFRDC) Contractors may not submit a request for Technical Assistance, may not participate as a team partner with any entity requesting Technical Assistance, and may not assist any entity with their submission of a request for Technical Assistance under this Notice. Nonprofit organizations described in section 501(c)(4) of the Internal Revenue Code of 1986 that engaged in lobbying activities after December 31, 1995 are not permitted to submit a request for Technical Assistance under this Notice. Technical Assistance described under this Notice will be provided via a Memorandum of Agreement
(MOA)between DOE, the organization selected to receive the Technical Assistance, and the Technical Assistance Team Leader responsible for providing the Technical Assistance. A MOA is a collaborative agreement between the Federal Government and other parties to work together on a mutually beneficial activity. The MOA will detail the scope of the Technical Assistance activities, the forms of collaboration, the responsibilities of the partners to the Agreement, and the treatment of any potential intellectual property. Federal funding will not be provided to a partner under a MOA. DATES: Requests for Technical Assistance must be submitted via the DOE Industry Interactive Procurement System
(IIPS)Web site at *http://e-center.doe.gov/* by 03/12/2008 and 06/12/2008. ADDRESSES: Note that this posting in the **Federal Register** is not the full announcement. Interested parties must download and follow the instructions in the full announcement which is available on the DOE Industry Interactive Procurement System
(IIPS)website. To locate the full Announcement, go to *http://e-center.doe.gov/* , click on “Browse Opportunities”, scroll down to view DOE Financial Assistance Opportunities (Viewing “Opportunities by Contracting Activity” is recommended.) Click on the “Browse Financial Asst.” button. Click on the folder (or blue arrow depending on your server) next to the “Golden Field Office”. Locate and click on Announcement No. DE-PS36-08GO98011, Solar America Initiative
(SAI)Market Transformation: Solar America Showcases, FY2008. IMPORTANT: Scroll to the bottom of the page, where you will find the “Full Announcement & Other Files.” FOR FURTHER INFORMATION CONTACT: Questions regarding the content of the full announcement must be submitted through the “Submit Question” feature in the DOE Industry Interactive Procurement System
(IIPS)at *http://e-center.doe.gov.* Locate the full announcement (as identified under “Addresses”) and then click on the “Submit Question” button. Enter required information. You will receive an electronic notification that your question has been answered. DOE will try to respond to a question within 3 business days, unless a similar question and answer have already been posted on the website. All questions must be submitted no later than one week prior to the closing date. Please contact the IIPS Help Desk at 1-800-683-0751 (select Option 1) or at *helpdesk@pr.doe.gov* for questions regarding the operation of IIPS. SUPPLEMENTARY INFORMATION: To provide more guidance as to the types of installations DOE is looking to support, additional information is provided below on the parameters for (and examples of) projects for which DOE anticipates receiving requests for Technical Assistance under this Notice. Regarding the scale of the project, DOE is looking for projects with total capacity in excess of 100 kW. Projects may include multiple sites, and do not have to be co-located. In addition to the initial installation, the kW total may also include planned follow-on activities (direct replication efforts). Examples include installations in residential subdivisions, shopping centers, office buildings or parks, big box retail locations, factories, and utility solar production. Regarding the visibility of the project, DOE anticipates projects that are centrally located in towns, are sited near highly trafficked vehicle or pedestrian areas, house hundreds of residents or workers, are a part of an area frequented by tourists, are part of a popular public destination ( *e.g.* shopping centers, courthouses, etc.) or have some other high visibility component. The project would also have an outreach component that provides information about the installation. Regarding the novel solar technology, DOE proposes to support projects that introduce new solar technologies that hold the promise of reducing initial costs, simplifying installation, and boosting consumer confidence, but which have little testing to date that demonstrates such improvements. Examples include new cell or module technology, new materials, or innovative installation and mounting techniques. By offering Technical Assistance, DOE envisions helping these new solar technologies develop a performance record in the marketplace, identify technical problems early in mass product releases, and devise solutions and alternatives that move specific solar technologies to cost-competitiveness by 2015. Regarding the novel solar application, DOE expects to support projects that utilize solar technology in new ways. One example would be to include new methods of building integration beyond traditional roof-mounted modules. DOE also supports innovative designs and methods that open up previously untapped markets or end uses to solar technology adoption. Acceptable Solar Applications could also include those that are currently in use in other geographic areas, but not in the vicinity (State, region) of the proposed site. Regarding replicability, DOE expects to support projects that can either be replicated by the entity requesting the Technical Assistance or by others. The entire project should be replicable, or have replicable components, unless installations are of an extremely large size that justifies DOE support without replicability. Replication of projects is a critical component to advance solar commercialization. To improve the overall impact of the project, teaming by the entities requesting the Technical Assistance under this Notice with other relevant stakeholders is encouraged. DOE also encourages incorporating energy efficiency measures with solar technologies in all building/facility applications as part of the projects supported by this Technical Assistance. Technical assistance will not be provided for research, product development, or early stage testing and evaluation of any technology or product. DOE will provide tailored hands-on Technical Assistance to the selected organization(s) through the use of specifically assembled Technical Assistance Teams. Members of these Teams will be subject matter and technical experts in areas such as, architecture, finance, planning, project management, etc. Significant participants of these Teams will be the National Renewable Energy Laboratory (NREL), Sandia National Laboratories (SNL), and the Southwest and Southeast Regional Experiment Stations (RESs), which are housed at New Mexico State University and Florida Solar Energy Center respectively. Other entities may be added to the teams as necessary. DOE may choose to contract for non-lab Technical Assistance Team members, mainly to provide the non-solar-specific Technical Assistance, through a separate procurement instrument. Technical Assistance provided under this Notice is designed to help entities make informed decisions. Technical Assistance Teams will provide information and options to enable policy, planning, and purchasing decisions. DOE and the Technical Assistance Teams will not direct behavior or decisions, or require entities to take any particular course of action. The role of DOE stops short of the actual decision-making. To learn more about the Solar America Initiative (SAI): *http://www1.eere.energy.gov/solar/solar_america/index.html* . Issued in Golden, CO on January 15, 2008. Mary Foreman, Procurement Director, Golden Field Office. [FR Doc. E8-1919 Filed 1-31-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 January 25, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-25-000. *Applicants:* Buffalo Gap Wind Farm 3, LLC. *Description:* Notice of Self-Certification as an Exempt Wholesale Generator of Buffalo Gap Wind Farm 3, LLC. *Filed Date:* 12/20/2007. *Accession Number:* 20071220-5003. *Comment Date:* 5 p.m. Eastern Time on Friday, February 1, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER02-2458-011. *Applicants:* Wolverine Power Supply Cooperative, Inc.,Midwest Independent Transmission System. *Description:* Errata to Refund Report in Midwest Independent Transmission System Operator, Inc. *Filed Date:* 01/17/2008. *Accession Number:* 20080117-5009. *Comment Date:* 5 p.m. Eastern Time on Thursday, February 7, 2008. *Docket Numbers:* ER03-534-006. *Applicants:* Ingenco Wholesale Power, LLC. *Description:* Notice of Non-Material Change in Status of Ingenco Wholesale Power, LLC. *Filed Date:* 01/18/2008. *Accession Number:* 20080118-5036. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER05-6-101; EL04-135-104; EL02-111-121; EL03-212-117. *Applicants:* Midwest Independent Transmission System. *Description:* Electric Refund Report (Compliance Only) of PJM Interconnection, L.L.C. *Filed Date:* 01/14/2008. *Accession Number:* 20080114-5121. *Comment Date:* 5 p.m. Eastern Time on Monday, February 4, 2008. *Docket Numbers:* ER05-131-005; ER05-639-003; ER07-528-002; ER06-1446-003. *Applicants:* Erie Boulevard Hydropower, LP; Brookfield Power Piney & Deep Creek LLC; Brookfield Energy Marketing U.S. LLC; Hawks Nest Hydro LLC. *Description:* Erie Boulevard Hydropower, LP *et al.* submit a Notice of Change in Status. *Filed Date:* 01/18/2008. *Accession Number:* 20080123-0015. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER05-283-009; ER05-1232-0080. *Applicants:* JPMorgan Chase Bank, N.A.; JP Morgan Ventures Energy Corporation0. *Description:* Notice of Non-Material Change in Status of JPMorgan Chase Bank, N.A., *et al.* *Filed Date:* 01/16/2008. *Accession Number:* 20080116-5040. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 6, 2008. *Docket Numbers:* ER06-19-003; ER98-4512-005; ER06-761-002. *Applicants:* NewPage Energy Services, LLC; Consolidated Water Power Company; Rumford Paper Company. *Description:* Consolidated Water Power Co. *et al.* submit a Notice of Change in Status. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0158. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER06-864-008; ER00-2885-016; ER01-2765-015; ER02-2102-015; ER03-1283-010. *Applicants:* Bear Energy LP; Cedar Brakes I, L.L.C.; Cedar Brakes II, L.L.C.; Utility Contract Funding, L.L.C.; Vineland Energy LLC. *Description:* Bear Energy LP *et al.* submit Substitute First Revised Sheet 1 *et al.* to its FERC Electric Rate Schedule FERC No. 1. *Filed Date:* 01/16/2008. *Accession Number:* 20080118-0202. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 6, 2008. *Docket Numbers:* ER07-809-003; ER07-809-005. *Applicants:* Florida Power Corporation. *Description:* Status Report of Seminole Electric Cooperative, Inc. and Jan 22nd Supplement Motion to withdraw Attach. A. *Filed Date:* 01/14/2008. *Accession Number:* 20080114-5085. *Comment Date:* 5 p.m. Eastern Time on Monday, February 4, 2008. *Docket Numbers:* ER07-1096-005. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Niagara Mohawk Power Co. submits an addendum to the 1/3/08 filing of a Refund Report pursuant to the 11/19/07 Letter Order. *Filed Date:* 01/18/2008. *Accession Number:* 20080123-0013. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER07-1105-003. *Applicants:* Cedar Creek Wind Energy, LLC. *Description:* Cedar Creek Wind Energy, LLC submits an amendment to its Rate Schedule FERC No. 1. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0159. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER07-1415-001. *Applicants:* Xcel Energy Services Inc. *Description:* NSP Companies submit a compliance filing pursuant with the Commission's 12/21/07 Order. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0160. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER07-887-002; EC07-89-000. *Applicants:* ITC Holdings Corporation. *Description:* ITC Midwest, LLC submits revisions to the Midwest ISO Open Access Transmission and Energy Markets Tariff, FERC Electric Tariff, Third Revised Volume 1 . *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0161. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-25-002; ER08-26-002. *Applicants:* Ocean State Power; Ocean State Power II. *Description:* Ocean State Power and Ocean State Power II submit revised tariff sheets in compliance with a 12/18/07 Order. *Filed Date:* 01/17/2008. *Accession Number:* 20080122-0226. *Comment Date:* 5 p.m. Eastern Time on Thursday, February 7, 2008. *Docket Numbers:* ER08-49-002. *Applicants:* Michigan Electric Transmission Co., LLC. *Description:* Michigan Electric Transmission Co. LLC submits a revised Distribution-Transmission Interconnection Agreement in compliance with Order 614. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0165. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-54-001. *Applicants:* ISO New England Inc. *Description:* Service Providers submits revisions to Schedule 20A of the ISO New England Inc's OATT in compliance with FERC's Order 890. *Filed Date:* 01/17/2008. *Accession Number:* 20080122-0217. *Comment Date:* 5 p.m. Eastern Time on Thursday, February 7, 2008. *Docket Numbers:* ER08-92-002. *Applicants:* Virginia Electric and Power Company. *Description:* Virginia Electric and Power Company submits a supplemental response to FERC's 12/19/07 Deficiency Letter. *Filed Date:* 01/18/2008. *Accession Number:* 20080123-0017. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 31, 2008. *Docket Numbers:* ER08-109-001. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to its OATT and Energy Markets Tariff. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0162. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-140-002. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corp. submits revisions to the CAISO Tariff and the Market Redesign and Technology Upgrade Tariff in compliance with FERC's 12/21/07 Order. *Filed Date:* 01/18/2008. *Accession Number:* 20080123-0014. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER08-187-002. *Applicants:* The United Illuminating Company. *Description:* The United Illuminating Co. submits substitute tariff sheet for Schedule 11 that modifies the terminology used to drive on-peak and off-peak pricing for non-firm point-to-point transmission service. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0163. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 31, 2008. *Docket Numbers:* ER08-259-001; ER08-260-001. *Applicants:* Duquesne Light Company; Duquesne Power, LLC; Duquesne Keystone LLC; Duquesne Conemaugh LLC. *Description:* Duquesne Light Co et al submit Sub First Revised Sheet 1 *et al.* to FERC Electric Rate Schedule 1. *Filed Date:* 01/16/2008. *Accession Number:* 20080118-0048. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 6, 2008. *Docket Numbers:* ER08-303-001. *Applicants:* Williams Gas Marketing, Inc. *Description:* Williams Gas Marketing Inc. submits an amended market-based rate tariff replacing the tariffs submitted in the proceedings on 12/5 and 12/11/07. *Filed Date:* 01/15/2008. *Accession Number:* 20080117-0037. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 5, 2008. *Docket Numbers:* ER08-444-001; ER98-1992-004; ER06-1143-002. *Applicants:* NSTAR Electric Company; Medical Area Total Energy Plant, Inc; MATEP LLC. *Description:* NSTAR Electric Co. *et al.* submit the three-year market-based rate update pursuant to Order 697 and 697-A. and Jan 15th correction to tariff sheets. *Filed Date:* 01/14/2008. *Accession Number:* 20080122-0223. *Comment Date:* 5 p.m. Eastern Time on Friday, March 14, 2008. *Docket Numbers:* ER08-447-000; ER08-448-000. *Applicants:* PSEG Fossil LLC. *Description:* PSEG Energy Resources & Trade LLC et al submits updated market power analysis and revised market-based rates tariff in compliance with Order 69 and the initial application for market-based rates etc. *Filed Date:* 01/14/2008. *Accession Number:* 20080117-0041. *Comment Date:* 5 p.m. Eastern Time on Monday, February 4, 2008. *Docket Numbers:* ER08-454-000. *Applicants:* ISO New England Inc. *Description:* ISO New England Inc. and the Connecticut Light and Power Co *et al.* submit the Original Service Agreement under Schedule 22. *Filed Date:* 01/18/2008. *Accession Number:* 20080122-0340. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER08-455-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits a change to the default allocation provisions of the PJM Operating Agreement. *Filed Date:* 01/18/2008 *Accession Number:* 20080122-0229 *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008 *Docket Numbers:* ER08-456-000. *Applicants:* Public Service Company of New Mexico. *Description:* Public Service Company of New Mexico submits a long-term firm point-to-point transmission service agreement with Cargill Power Markets, LLC. *Filed Date:* 01/18/2008. *Accession Number:* 20080122-0230. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER08-457-000. *Applicants:* ColumbiaGrid. *Description:* Avista Corp and Puget Sound Energy, Inc submits Amendments to the Planning and Expansion Functional Agreement. *Filed Date:* 01/18/2008. *Accession Number:* 20080122-0231. *Comment Date:* 5 p.m. Eastern Time on Friday, February 8, 2008. *Docket Numbers:* ER08-458-000. *Applicants:* Florida Power Corporation. *Description:* Florida Power Corp. submits the Amended 1990 Interconnection Agreement, First Revised Rate Schedule 129 with Seminole Electric Coop, Inc. *Filed Date:* 01/22/2008 *Accession Number:* 20080124-0145 *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008 Docket Numbers: ER08-459-000. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits a Transmission to Transmission Interconnection Agreement with Hoosier Energy Rural Electric Coop, Inc. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0146. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-460-000. *Applicants:* Entergy Gulf States Louisiana, L.L.C.; Entergy Texas, Inc. *Description:* Entergy Gulf States Louisiana, LLC and Entergy Texas, Inc. submit a Notice of Succession. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0147. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-461-000. *Applicants:* Wisconsin Public Service Corporation. *Description:* Wisconsin Public Service Corp. and Minnesota Power submit the Balancing Area Operations Coordination Agreement designated as Rate Schedule 181. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0148. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-462-000. *Applicants:* Zeeland Power Company, LLC. *Description:* Consumers Energy Co. submits Notice of Cancellation of FERC Electric Tariff, Original Volume 1. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0149. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-463-000. *Applicants:* American Electric Power Service Corporation. *Description:* Southwestern Electric Power Company submits a proposed Restated and Amended Flint Creek Power Plant Power Coordination, Interchange and Transmission Service Agreement with Arkansas Electric Cooperative Corp. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0150. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-464-000. *Applicants:* MidAmerican Energy Company. *Description:* MidAmerican Energy Company submits an Engineering and Procurement Agreement with Iberdrola Renewable Energies USA, Ltd. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0151. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-465-000. *Applicants:* Consumers Energy Company. *Description:* Consumers Energy Company submits Notice of Cancellation of Service Agreement filed by Edison Sault Electric Company submitted on 12/14/07 re the executed First Revised Service Agreement. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0152. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-466-000. *Applicants:* American Electric Power Service Corporation. *Description:* AEP Texas Central Company submits an executed Interconnection Agreement with Electric Transmission Texas, LLC. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0153. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-467-000. *Applicants:* Consumers Energy Company. *Description:* Consumers Energy submits its Notice of Succession filing package. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0154. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-468-000. *Applicants:* Southern California Edison Company. *Description:* Southern California Edison Co. submits the DPT 1 Project Letter Agreement for Proponent's Environmental Assessment Work. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0156. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-469-000. *Applicants:* Terra-Gen VG Wind, LLC. *Description:* Terra-Gen VG Wind, LLC submits Notice of Succession to reflect a name change, Rate Schedule FERC 1, Original Sheet 1-64. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0155. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER08-470-000. *Applicants:* Terra-Gen 251 Wind, LLC. *Description:* Terra-Gen 251 Wind, LLC submits Notice of Succession reflecting the adoption of Rate Schedule FERC 1, First Revised Sheet 1-91. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0167. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER96-1085-011. *Applicants:* South Carolina Electric & Gas Company. *Description:* South Carolina Electric & Gas Co. submits revised pages of its Negotiated Market Sales Tariff, Fifth Revised Volume 2. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0157. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 12, 2008. *Docket Numbers:* ER96-2585-009; ER98-6-013; ER99-2387-006; ER02-1470-006; ER02-1573-006; ER05-1249-006; EC06-125-000. *Applicants:* Niagara Mohawk Power Corporation; New England Power Company; KeySpan-Ravenswood, Inc; KeySpan-Glenwood Energy Center, LLC; KeySpan-Port Jefferson Energy Center, LLC; Granite State Electric Company, The Narragansett Electric Company; National Grid plc and KeySpan Corporation. *Description:* National Grid USA submits Original Sheet 1 *et al.* to FERC Electric Tariff, Sixth Revised Volume 1 to comply with the Commission's 12/20/07 Order and Order 697. *Filed Date:* 01/22/2008. *Accession Number:* 20080124-0164. *Comment Date:* 5 p.m. Eastern Time on Monday, March 24, 2008. *Docket Numbers:* ER97-886-010. *Applicants:* Brooklyn Navy Yard Cogeneration Partners. *Description:* Application of Brooklyn Navy Yard Cogeneration Partners for Determination of Category 1 Status Under Order No. 697. *Filed Date:* 01/14/2008. *Accession Number:* 20080114-5100. *Comment Date:* 5 p.m. Eastern Time on Friday, March 14, 2008. *Docket Numbers:* ER99-1005-000; ER96-3107-000; ER03-1079-000. *Applicants:* Kansas City Power & Light Company; Strategic Energy, LLC: Aquila, Inc. *Description:* Kansas City Power & Light Co *et al.* submit modification to certain commitments adopted in February 2007 pursuant to Order 697. *Filed Date:* 01/16/2008. *Accession Number:* 20080118-0210. *Comment Date:* 5 p.m. Eastern Time on Monday, March 17, 2008. *Docket Numbers:* ER99-3151-008; ER97-837-007; ER03-327-002. *Applicants:* PSEG Energy Resources & Trade LLC; Public Service Electric and Gas Company; PSEG Power Connecticut LLC. *Description:* PSEG Energy Resources & Trade LLC et al submit updated market power analysis and revised market-based rates tariff in compliance with Order 69 . *Filed Date:* 01/14/2008. *Accession Number:* 20080117-0041. *Comment Date:* 5 p.m. Eastern Time on Friday, March 14, 2008. *Docket Numbers:* PH08-15-000. *Applicants:* Pacolet Milliken Enterprises, Inc. *Description:* FERC Form 65 B Waiver Notification of Pacolet Milliken Enterprises, Inc. under PH08-15. *Filed Date:* 01/02/2008. *Accession Number:* 20080102-5023. *Comment Date:* 5 p.m. Eastern Time on Friday, February 15, 2008. Take notice that the Commission received the following electric securities filings: *Docket Numbers:* ES08-9-001. *Applicants:* Bicent (California) Malburg LLC. *Description:* Bicent (California) Malburg LLC clarifies and supplement its application for approval under section 204 of the F PA.. *Filed Date:* 01/16/2008. *Accession Number:* 20080118-0199. *Comment Date:* 5 p.m. Eastern Time on Monday, January 28, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-1848 Filed 1-31-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Boulder Canyon Project AGENCY: Western Area Power Administration, DOE. ACTION: Notice of Proposed Base Charge and Rates Adjustment. SUMMARY: The Western Area Power Administration (Western) is proposing an adjustment to the Boulder Canyon Project
(BCP)electric service base charge and rates. The current base charge and rates expire September 30, 2008, under Rate Schedule BCP-F7. The current base charge is not sufficient to cover all annual costs including operation, maintenance, replacements, and interest expense, and to repay investment obligations within the required period. The proposed base charge will provide sufficient revenue to cover all annual costs and to repay investment obligations within the allowable period. A detailed rate package that identifies the reasons for the base charge and rates adjustment will be available in March 2008. The proposed base charge and rates are scheduled to become effective on October 1, 2008, and will remain in effect through September 30, 2009. This **Federal Register** notice initiates the formal process for the proposed base charge and rates. DATES: The consultation and comment period will begin today and will end May 1, 2008. Western will present a detailed explanation of the proposed base charge and rates at a public information forum on April 2, 2008, beginning at 10:30 a.m. MST, in Phoenix, AZ. Western will accept oral and written comments at a public comment forum on April 23, 2008, beginning at 10:30 a.m. MST at the same location. Western will accept written comments any time during the consultation and comment period. ADDRESSES: The public information forum and public comment forum will be held at the Desert Southwest Customer Service Regional Office, located at 615 South 43rd Avenue, Phoenix, AZ, on the dates cited above. Send written comments to: J. Tyler Carlson, Regional Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, e-mail *carlson@wapa.gov* . Written comments may also be faxed to
(602)605-2490, attention: Jack Murray. Western will post information about the rate process on its Web site at *http://www.wapa.gov/dsw/pwrmkt/BCP/RateAdjust.htm* . Western will post official comments received via letter, fax, and e-mail to its Web site after the close of the comment period. Western must receive written comments by the end of the consultation and comment period to ensure they are considered in Western's decision process. As access to Western facilities is controlled, any U.S. citizen wishing to attend any meeting held at Western must present an official form of picture identification, such as a U.S. driver's license, U.S. passport, U.S. Government ID, or U.S. Military ID, at the time of the meeting. Foreign nationals should contact Western at least 45 days in advance of the meeting to obtain the necessary form for admittance to Western. FOR FURTHER INFORMATION CONTACT: Mr. Jack Murray, Rates Team Lead, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457,
(602)605-2442, e-mail *jmurray@wapa.gov* . SUPPLEMENTARY INFORMATION: The proposed base charge and rates for BCP electric service are designed to recover an annual revenue requirement that includes the investment repayment, interest, operation and maintenance, replacements, payment to states, visitor services, and uprating payments. The total costs are offset by the projected revenue from water sales, visitor services, water pumping energy sales, facilities use charges, regulation and spinning reserve services, miscellaneous leases, and late fees. The projected annual revenue requirement is the base charge for electric service and is divided equally between capacity dollars and energy dollars. Annual energy dollars are divided by annual energy sales, and annual capacity dollars are divided by annual capacity sales to determine the proposed energy rate and the proposed capacity rate. The Deputy Secretary of Energy approved the existing rate formula for calculating the base charge and rates in Rate Schedule BCP-F7 for BCP electric service on August 11, 2005, (Rate Order No. WAPA-120, 70 FR 50316, August 26, 2005). The Federal Energy Regulatory Commission (Commission) confirmed and approved the rate formula on a final basis in Docket No. EF05-5091-000 issued June 22, 2006 (115 FERC ¶ 61,362). Rate Schedule BCP-F7 became effective on October 1, 2005, for the period ending September 30, 2010. The base charge for FY 2009 is $71,211,438, the forecasted energy rate is 8.74 mills per kilowatthour (mills/kWh), the forecasted capacity rate is $1.77 per kilowattmonth (kWmonth), and the composite rate is 17.49 mills/kWh. Under Rate Schedule BCP-F7, the proposed rates for BCP electric service will result in an overall composite rate decrease of about one percent. The following table compares the current and proposed base charge and rates. Comparison of Current and Proposed Base Charge and Rates Current October 1, 2007 through September 30, 2008 Proposed October 1, 2008 through September 30, 2009 % Change Composite Rate (mills/kWh) 17.64 17.49 −1 Base Charge ($) 66,975,283 71,211,438 6 Energy Rate (mills/kWh) 8.82 8.74 −1 Capacity Rate ($/kWmonth) 1.63 1.77 9 The increase in the electric service base charge and capacity rate is primarily the result of projecting no year-end carryover from FY 2008 into FY 2009. Initial analysis of the projected financial data for FY 2009 reflects a slight decrease in overall annual costs and a slight increase in other revenues when compared to FY 2008. However, since there is no projected year-end carryover into FY 2009 the result is an overall increase in the base charge for FY 2009. Another factor contributing to the increase in the capacity rate is the decrease in capacity sales associated with lower Lake Mead water elevations. The decrease in the composite and energy rates is due to a slight increase in the FY 2009 energy sales from FY 2008. Legal Authority Western will hold both a public information forum and a public comment forum. After review of public comments and possible amendments or adjustments, Western will recommend the Deputy Secretary of Energy approve the proposed base charge and rates on a final basis. Western is establishing an electric service base charge and rates for BCP under the Department of Energy Organization Act (42 U.S.C. 7152); the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), and other acts that specifically apply to the project involved. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:
(1)The authority to develop power and transmission rates to Western's Administrator;
(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and
(3)the authority to confirm, approve, and place into effect on a final basis, to remand or to disapprove such rates to the Commission. Existing Department of Energy
(DOE)procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985. Availability of Information All brochures, studies, comments, letters, memorandums or other documents that Western initiates or uses to develop the proposed rates are available for inspection and copying at the Desert Southwest Customer Service Regional Office, Western Area Power Administration, located at 615 South 43rd Avenue, Phoenix, AZ. Many of these documents and supporting information are also available on Western's Web site at *http://www.wapa.gov/dsw/pwrmkt/BCP/RateAdjust.htm* . Ratemaking Procedure Requirements Environmental Compliance In compliance with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321, *et seq.* ), the Council On Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500-1508), and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western has determined this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866, accordingly, no clearance of this notice by the Office of Management and Budget is required. Dated: January 10, 2008. Timothy J. Meeks, Administrator. [FR Doc. E8-1872 Filed 1-31-08; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8523-6] Clean Water Act Section 303(d): Availability of 16 Total Maximum Daily Loads
(TMDL)in Louisiana AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: This notice announces the availability for comment of the administrative record files for 16 TMDLs and the calculations for these TMDLs prepared by EPA Region 6 for waters listed in the Pearl River and the Terrebonne River Basins of Louisiana, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to a court order in the lawsuit styled *Sierra Club,* *et al.* v. *Clifford,* *et al.* , No. 96-0527, (E.D. La.). DATES: Comments must be submitted in writing to EPA on or before March 3, 2008. ADDRESSES: Comments on the 16 TMDLs should be sent to Diane Smith, Environmental Protection Specialist, Water Quality Protection Division, U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, TX 75202-2733 or e-mail: *smith.diane@epa.gov* . For further information, contact Diane Smith at
(214)665-2145 or fax 214.665.7373. The administrative record files for the 16 TMDLs are available for public inspection at this address as well. Documents from the administrative record files may be viewed at *http://www.epa.gov/earth1r6/6wq/npdes/tmdl/index.htm* , or obtained by calling or writing Ms. Smith at the above address. Please contact Ms. Smith to schedule an inspection. FOR FURTHER INFORMATION CONTACT: Diane Smith at
(214)665-2145. SUPPLEMENTARY INFORMATION: In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the EPA, styled *Sierra Club, et al.* v. *Clifford, et al.* , No. 96-0527, (E.D. La.). Among other claims, plaintiffs alleged that EPA failed to establish Louisiana TMDLs in a timely manner. EPA proposes six of these TMDLs pursuant to a consent decree entered in this lawsuit. EPA Seeks Comment on 16 TMDLs By this notice EPA is seeking comment on the following 16 TMDLs for waters located within Louisiana basins: Subsegment Waterbody name Pollutant 090101 Pearl River—MS State Line to Pearl River Navigation Canal Fecal Coliform. 090104 Peters Creek—Headwaters to Pearl River Fecal Coliform. 090106 Holmes Bayou—From the Pearl River to the West Pearl River (scenic) Turbidity. 090201 West Pearl River—From Headwaters to confluence with Holmes Bayou (scenic) Turbidity. 090202 West Pearl River—From confluence with Holmes Bayou to the Rigolets (includes east and west mouths) (scenic) Turbidity. 090301 Pushepatapa Creek—MS State Line to Pearl River floodplain Fecal Coliform. 090401 Bogue Lusa Creek—Headwaters to Pearl River Fecal Coliform. 090501 Bogue Chitto River—From MS State Line to Pearl River Navigation Canal (scenic) Turbidity. 090502 Big Silver Creek—Headwaters to Bogue Chitto River Fecal Coliform. 090505 Bonner Creek—Headwaters to Bogue Chitto River Fecal Coliform. 090506 Thigpen Creek—Headwaters to Bogue Chitto River Fecal Coliform. 090105 Pearl River Navigation Canal—From Pools Bluff to Lock No. 3 (includes east and west mouths) (scenic) Dissolved Oxygen. 090204 Pearl River Navigation Canal—Below Lock No. 3 Dissolved Oxygen. 090207 Middle Pearl River and West Middle Pearl River—From West Pearl River to Little Lake Dissolved Oxygen. 120606 Bayou Blue—Grand Bayou Canal to Boundary between segments 1206 and 1207 (Estuarine) Dissolved Oxygen and Nutrients. EPA requests that the public provide to EPA any water quality related data and information that may be relevant to the calculations for the 16 TMDLs. EPA will review all data and information submitted during the public comment period and revise the TMDLs where appropriate. EPA will then forward the TMDLs to the Louisiana Department of Environmental Quality (LDEQ). The LDEQ will incorporate the TMDLs into its current water quality management plan. Dated: January 25, 2008. Miguel I. Flores, Director, Water Quality Protection Division, EPA Region 6. [FR Doc. E8-1897 Filed 1-31-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8523-5] Access to Confidential Business Information by Enrollees Under the Senior Environmental Employment Program AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has authorized grantee organizations under the Senior Environmental Employment
(SEE)Program and their enrollees access to information which has been submitted to EPA under the environmental statutes administered by the Agency. Some of this information may be claimed or determined to be confidential business information (CBI). DATES: Comments concerning CBI access will be accepted on or before February 8, 2008. ADDRESSES: Comments should be submitted to: Susan Street, National Program Director, Senior Environmental Employment Program (MC 3605A), U.S. Environmental Protection Agency; Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Susan Street at
(202)564-0410. SUPPLEMENTARY INFORMATION: The Senior Environmental Employment
(SEE)program is authorized by the Environmental Programs Assistance Act of 1984 (Pub. L. 98-313), which provides that the Administrator of the Environmental Protection Agency may “make grants to, or enter into cooperative agreements with,” specified private nonprofit organizations for the purpose of “providing technical assistance to Federal, State, and local environmental agencies for projects of pollution prevention, abatement, and control.” Cooperative agreements under the SEE program provide support for many functions in the Agency, including clerical support, staffing hot lines, providing support to Agency enforcement activities, providing library services, compiling data, and support in scientific, engineering, financial, and other areas. In performing these tasks, grantees and cooperators under the SEE program and their enrollees may have access to potentially all documents submitted under the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Resource Conservation and Recovery Act (RCRA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Emergency Planning & Community Right-to-Know Act (EPCRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), to the extent that these statutes allow disclosure of confidential information to “authorized representatives of the United States” or to “contractors.” Some of these documents may contain information claimed as confidential. EPA provides confidential information to enrollees working under the following cooperative agreements: Cooperative Agreement No. Organization National Association for Hispanic Elderly QS-833757 NAHE Q-833436 NAHE National Asian Pacific Center on Aging Q-832831 NAPCA Q-832943 NAPCA Q-832965 NAPCA Q-832972 NAPCA Q-832973 NAPCA Q-832974 NAPCA QS-833084 NAPCA National Caucus and Center on Black Aged, Inc. Q-832975 NCBA Q-832977 NCBA National Council On the Aging, Inc. Q-832828 NCOA Q-832970 NCOA Q-833413 NCOA Q-833439 NCOA National Older Workers Career Center Q-832838 NOWCC Q-832852 NOWCC Q-832889 NOWCC Q-832890 NOWCC Q-832891 NOWCC Q-832892 NOWCC Q-832893 NOWCC Q-832922 NOWCC Q-832925 NOWCC Q-832928 NOWCC Q-832945 NOWCC Senior Service America, Inc. Q-832621 SSAI Q-832961 SSAI Q-832969 SSAI Q-832979 SSAI Q-833379 SSAI Q-833383 SSAI Q-833403 SSAI Among the procedures established by EPA confidentiality regulations for granting access to confidential business information is notification to the submitters of CBI that SEE-grantee organizations and their enrollees will have access to this information. See 40 CFR 2.301(h)(2)(iii) for information submitted under the CAA, 40 CFR 350.23 for EPCRA, and corresponding provisions of 40 CFR 2.302-2.311, for other statutes listed above. This document is intended to fulfill that requirement. The grantee organizations are required by the cooperative agreements to protect confidential information. SEE enrollees are required to sign confidentiality agreements and to adhere to the same security procedures as Federal employees. Dated: January 28, 2008. Susan Street, SEE Program Manager, HQ Operations Division, Immediate Office. [FR Doc. E8-1887 Filed 1-31-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6695-6] Environmental Impact Statement and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 6, 2007 (72 FR 17156). Draft EISs EIS No. 20070349, ERP No. D-NAS-A12044-00, Programmatic—Constellation Program, Develop the Flight Systems and Earth-based Ground Infrastructure for Future Missions, International Space Station, The Moon, Mars, and Beyond, Brevard and Volusia Counties, FL; Hancock County, Ms; Orleans Parish, LA; Harris County, TX; Madison County, AL; Cuyahoga and Erie Counties, OH; Hampton, VA; Santa Clara County, CA; Dona Ana and Otero Counties, NM; and Box Elder and Davis Counties, UT. *Summary:* EPA does not object to the proposed action. Rating LO. EIS No. 20070410, ERP No. D-BLM-K67057-NV, Cortez Hills Expansion Project, Proposes to Construct and Operate a New Facilities and Expansion of the Existing Open-Pit Gold Mining and Processing Operations, Crescent Valley, Lander and Eureka Counties, NV. *Summary:* EPA expressed environmental concerns about wetland/riparian habitat mitigation and reclamation and post-closure financial assurance and recommended the Final EIS include additional information regarding the wetland/riparian habitat mitigation plan, financial assurance for reclamation activities and post-closure mitigation and monitoring. Rating EC2. EIS No. 20070435, ERP No. D-BLM-J65494-UT, Richfield Field Office Resource Management Plan, Implementation, Future Management of the Public Lands and Resource, Glen Canyon National Recreation Area, Capitol Reef and Canyonlands National Parks, Sanpete, Sevier, Piute, Wayne and Garfield Counties, UT. *Summary:* EPA expressed environmental concerns about air quality, water quality, and riparian/wetland impacts. In addition, EPA has concerns about impacts from recreation activities. Rating EC2. Final EISs EIS No. 20070516, ERP No. F-FHW-D40338-00, U.S. 301 Project Development, Transportation Improvements from MD State Line to DE-1, South of the Chesapeake and Delaware Canal, New Castle County, DE. *Summary:* EPA's previous issues have been resolved; therefore, EPA has no objections to the proposed action. EIS No. 20070528, ERP No. F-AFS-J65487-UT, Millville Peak/Logan Peak Road Relocation Project, Provide a Safe, Reliable, Ground Access Route, Logan Ranger District, Wasatch-Cache National Forest, Cache County, UT. *Summary:* While some of EPA's previous issues have been resolved, EPA believes that the proposed action will continue to cause net environmental impacts to water quality. Dated: January 29, 2008. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. 08-450 Filed 1-31-08; 8:45 am]
Connectionstraces to 65
Traces to 65 documents
U.S. Code
CFR
41 references not yet in our index
  • 47 CFR 76
  • 50 CFR 665
  • 50 CFR 665.16
  • Pub. L. 104-13
  • 435 U.S. 519
  • 803 F.2d 1016
  • 490 F. Supp. 1334
  • 40 CFR 1503.3
  • 40 CFR 1501.7
  • 7 CFR 1.27
  • 7 USC 1621-1627
  • 5 CFR 1320
  • 5 CFR 1320.8(d)
  • 7 CFR 1726
  • Pub. L. 110-161
  • 121 Stat. 1844
  • 19 USC 2341-2391
  • 13 CFR 306
  • 77 F. Supp. 2d 1302
  • 337 F.3d 1373
  • 117 F.3d 1401
  • 293 F. Supp. 2d 1334
  • 19 CFR 351.304-306
  • 19 CFR 351
  • Pub. L. 94-409
  • Pub. L. 95-202
  • 34 CFR 350.13
  • 34 CFR 350.40(a)
  • 34 CFR 350.40(b)
  • 34 CFR 350
  • 34 CFR 263
  • 34 CFR 79
  • 34 CFR 86
  • 20 USC 1138-1138d
  • 34 CFR 350.54
  • 34 CFR 350.62
  • 10 CFR 903
  • 10 CFR 1021
  • Pub. L. 98-313
  • 40 CFR 350.23
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U.S.C.§ 801
Fed. Reg.Notices
U.S.C.§ 1801
U.S.C.§ 901
U.S.C.§ 282
U.S.C.§ 1535
U.S.C.§ 1525
U.S.C.§ 1527a
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
F. Supp.490 F. Supp. 1334
Cites 106 · showing 12Cited by 0 across 0 sources
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