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FR | FR-2006-04-20/E6-5899 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20431-20432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5899]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
Agency Information Collection Activities: Comment Request
The Social Security Administration (SSA) publishes a list of
information collection packages that will require clearance by the
Office of Management and Budget (OMB) in compliance with Public Law
104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995.
The information collection package included in this notice is for
approval of a new information collection.
SSA is soliciting comments on the accuracy of the agency's burden
estimate; the need for the information; its practical utility; ways to
enhance its quality, utility, and clarity; and on ways to minimize
burden on respondents, including the use of automated collection
techniques or other forms of information technology. Written comments
and recommendations regarding the information collection(s) should be
submitted to the OMB Desk Officer and the SSA Reports Clearance
Officer. The information can be mailed and/or faxed to the individuals
at the addresses and fax numbers listed below:
(OMB), Office of Management and Budget, Attn: Desk Officer for SSA,
Fax: 202-395-6974.
(SSA), Social Security Administration, DCFAM, Attn: Reports Clearance
Officer, 1333 Annex Building, 6401 Security Blvd., Baltimore, MD 21235.
Fax: 410-965-6400.
E-mail: [email protected].
The information collection listed below has been submitted to OMB
for clearance. Your comments on the information collection would be
most useful if received by OMB and SSA within 30 days from the date of
this publication. You can obtain a copy of the OMB clearance package by
calling the SSA Reports Clearance Officer at 410-965-0454, or by
writing to the address listed above.
Section 107 Representative Payee Study--0960-NEW. As mandated by
Section 107 of the Social Security Protection Act of 2004, the Social
Security Administration is sponsoring an independently conducted study
evaluating the Representative Payee Program. In this study, selected
groups of SSA beneficiaries and representative payees will be
interviewed about their experiences within the program. These two
groups' responses will then be compared and contrasted. A re-contact
study will also be conducted with 100 of the representative payees. The
ultimate purpose of the study is to evaluate the knowledge level and
performance of representative payees vis-[agrave]-vis the standards
established for them by SSA. The respondents are recipients of SSA
benefits (adults and youth ages 14-17) and representative payees
(individuals and organizations).
Note: Please note that both the organization and numbers in the
burden chart are different than those in the 60-day Federal Register
Notice. The reason for this change is that the contractors who are
conducting this study have made slight alterations to their study
plan since the 60-day Notice was published.
Type of Request: New information collection.
[[Page 20432]]
Beneficiary Burden Information
----------------------------------------------------------------------------------------------------------------
Average
Frequency of burden per Estimated
Number of respondents response response annual burden
(minutes) (hours)
----------------------------------------------------------------------------------------------------------------
Advance Pre-Screening Letter.......... 2,565................... 1 5 214
Screening Process..................... Same group as above..... 1 10 428
Survey Interview...................... Same group as above..... 1 30 1,283
-------------------------------------------------------------------------
Totals............................ 2,565................... .............. .............. 1,925
----------------------------------------------------------------------------------------------------------------
Representative Payee Burden Information
----------------------------------------------------------------------------------------------------------------
Average
Frequency of burden per Estimated
Number of respondents response response annual burden
(minutes) (hours)
----------------------------------------------------------------------------------------------------------------
Advance Pre-Screening Letter.......... 5,130................... 1 5 428
Screening Process..................... Same group as above..... 1 10 855
Survey Interview...................... Same group as above..... 1 40 3,420
Re-Contact Interview.................. 100 (a sample from the 1 60 100
above group).
-------------------------------------------------------------------------
Totals............................ 5,130................... .............. .............. 4,803
----------------------------------------------------------------------------------------------------------------
Total Burden Hours: 6,728 hours.
Dated: April 14, 2006.
Elizabeth A. Davidson,
Reports Clearance Officer, Social Security Administration.
[FR Doc. E6-5899 Filed 4-19-06; 8:45 am]
BILLING CODE 4191-02-P | usgpo | 2024-10-08T14:08:33.002949 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5899.htm"
} |
FR | FR-2006-04-20/E6-5946 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5946]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Delegation of Authority 291]
Delegation by the Secretary of State to the Under Secretary for
Arms Control and International Security of Authority To Submit Certain
Non-Proliferation Reports to the Congress
By virtue of the authority vested in me as Secretary of State,
including Section 1 of the State Department Basic Authorities Act, as
amended (22 U.S.C. 2651a), I hereby delegate to the Under Secretary for
Arms Control and International Security the authority to approve
submission of reports to the Congress pursuant to Section 1302(b) of
the Foreign Relations Authorization Act, Fiscal Year 2003, Pub. L. 107-
228.
Any act, executive order, regulation or procedure subject to, or
affected by, this delegation shall be deemed to be such act, executive
order, regulation or procedure as amended from time to time.
Notwithstanding this delegation of authority, the Secretary or the
Deputy Secretary may at any time exercise any authority or function
delegated by this delegation of authority.
This delegation of authority shall be published in the Federal
Register.
Dated: April 7, 2006.
Condoleezza A. Rice,
Secretary of State, Department of State.
[FR Doc. E6-5946 Filed 4-19-06; 8:45 am]
BILLING CODE 4710-27-P | usgpo | 2024-10-08T14:08:33.031411 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5946.htm"
} |
FR | FR-2006-04-20/E6-5910 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20432-20433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5910]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE-2006-10]
Petitions for Exemption; Summary of Petitions Received
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of petitions for exemption received.
-----------------------------------------------------------------------
SUMMARY: Pursuant to FAA's rulemaking provisions governing the
application, processing, and disposition of petitions for exemption
part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice
contains a summary of certain petitions seeking relief from specified
requirements of 14 CFR. The purpose of this notice is to improve the
public's awareness of, and participation in, this aspect of FAA's
regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of any petition or its final disposition.
DATES: Comments on petitions received must identify the petition docket
number involved and must be received on or before May 10, 2006.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
FAA-200X-XXXXX] by any of the following methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tim Adams (202) 267-8033, Sandy
Buchanan-Sumter (202) 267-7271, or John Linsenmeyer (202) 267-5174,
Office of Rulemaking (ARM-1), Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591.
This notice is published pursuant to 14 CFR 11.85 and 11.91.
[[Page 20433]]
Issued in Washington, DC, on April 12, 2006.
Ida M. Klepper,
Acting Director, Office of Rulemaking.
Petitions for Exemption
Docket No.: FAA-2006-24262.
Petitioner: Experimental Aircraft Association, Inc.
Section of 14 CFR Affected: 14 CFR 61.415(b)(1).
Description of Relief Sought:
To allow members of the Experimental Aircraft Association, Inc.,
who are sport pilot certified flight instructors holding powered
parachute (PPC) or weight-shift control (WSC) category and class
privileges to provide PPC and WSC category and class ratings, flight
training, flight reviews, practical tests, and knowledge tests to
individuals seeking a PPC or WSC private pilot certificate, without
holding at least a private pilot certificate as required by the
regulation.
[FR Doc. E6-5910 Filed 4-19-06; 8:45 am]
BILLING CODE 4910-13-P | usgpo | 2024-10-08T14:08:33.043163 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5910.htm"
} |
FR | FR-2006-04-20/E6-5911 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5911]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Announcement of Safety Alert for Operators (SAFO) Web Site
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of availability of SAFOs.
-----------------------------------------------------------------------
SUMMARY: In order to communicate safety information to the commercial
aviation community more effectively, the FAA Flight Standards Service
has issued FAA Order 8000.87, Safety Alert for Operators (SAFO). The
public and operators can access this order at this Web site: http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo.
FOR FURTHER INFORMATION CONTACT: Hop Potter, Air Transportation
Division, AFS-200, 800 Independence Avenue, SW., Washington, DC 20591,
and Telephone (202) 267-8166.
SUPPLEMENTARY INFORMATION:
Safety Alerts for Operators (SAFO)
FAA Order 8000.87, Safety Alerts for Operators (SAFO), established
SAFOs on August 29, 2005. SAFOs permit the FAA to reclaim valuable
guidance found in discontinued Air Carrier Operations Bulletins (ACOB).
Much of that information is still valid. A SAFO may also contain new
and important safety information alone or a combination of safety
information and recommended (non-regulatory) actions. The respective
operators identified in each SAFO may take action on a voluntary basis.
A SAFO exploits the power and reach of the Internet. A SAFO may be
posted promptly, when its content may be most valuable, and that
content is readily available for use by operators. We encourage
operators to implement actions recommended in a SAFO.
Availability
We post SAFOs on an FAA Web site available to the public and
maintained by the Flight Standards Service. The FAA does not distribute
hard copies of individual SAFOs. Any person who wants a hard copy may
download and print a SAFO from the Web site. We arrange SAFOs by
category and by date, with the newest SAFO shown first in each
category, the oldest shown last. Operators should check this site
periodically for new safety information.
Issued in Washington, DC, on April 13, 2006.
John M. Allen,
Deputy Director, Flight Standards Service.
[FR Doc. E6-5911 Filed 4-19-06; 8:45 am]
BILLING CODE 4910-13-P | usgpo | 2024-10-08T14:08:33.061268 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5911.htm"
} |
FR | FR-2006-04-20/E6-5931 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5931]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34859]
Red River Valley & Western Railroad Company--Trackage Rights
Exemption--BNSF Railway Company
BNSF Railway Company (BNSF) has agreed to grant overhead trackage
rights to Red River Valley & Western Railroad Company (RRVW) over
BNSF's line of railroad between Jamestown, ND (milepost 93.2), and
Casselton, ND (milepost 28.4), including BNSF's main line trackage from
the switch at the intersection of RRVW's line to Ypsilanti, running
west to the crossovers into the Jamestown yard tracks, a distance of
approximately 74.0 miles.\1\
---------------------------------------------------------------------------
\1\ A redacted version of the trackage rights agreement between
BNSF and RRVW was filed with the notice of exemption. The full
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii),
was concurrently filed under seal along with a motion for protective
order. A protective order was served on April 13, 2006.
---------------------------------------------------------------------------
The transaction was expected to be consummated on or after April 7,
2006. The purpose of the trackage rights is to provide RRVW with an
alternate route to other lines in its system. This alternate route has
heavier rail, better quality track materials and can sustain higher
operating speeds, thereby promoting safety and operating efficiencies.
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C.
653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7). If it contains
false or misleading information, the exemption is void ab initio.
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed
at any time. The filing of a petition to revoke will not automatically
stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34859, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Rose-Michelle Nardi, Weiner
Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor,
Washington, DC 20036.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: April 13, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-5931 Filed 4-19-06; 8:45 am]
BILLING CODE 4915-01-P | usgpo | 2024-10-08T14:08:33.090651 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5931.htm"
} |
FR | FR-2006-04-20/E6-5647 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20433-20434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5647]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34847]
Lucas Rail Lines, Inc.--Acquisition and Operation Exemption--BPM
Rail, Inc.
Lucas Rail Lines, Inc. (LRL), a noncarrier, has filed a verified
notice of exemption under 49 CFR 1150.31 to acquire from BPM Rail,
Inc., d/b/a Louisville, New Albany & Corydon Railroad (LNAC), and
operate 7.7 miles of rail line between milepost 0.0, at Corydon
Junction, IN, and milepost 7.7, at Corydon, IN, as well as
approximately 2.3 miles of side track and lead tracks.
LRL certifies that its projected revenues as a result of the
transaction will not exceed those that would qualify it as a Class III
rail carrier and will not exceed $5 million.
The transaction was expected to be consummated on or after April 1,
2006, dependent upon the effective date of this notice of exemption and
receipt of grant deeds to LNAC real property.
If the verified notice contains false or misleading information,
the exemption
[[Page 20434]]
is void ab initio. Petitions to revoke the exemption under 49 U.S.C.
10502(d) may be filed at any time. The filing of a petition to revoke
will not automatically stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34847, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Robert Patison, 302 North
Sheridan Street, Corona, CA 92880-2067.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: April 11, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-5647 Filed 4-19-06; 8:45 am]
BILLING CODE 4915-01-P | usgpo | 2024-10-08T14:08:33.097492 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5647.htm"
} |
FR | FR-2006-04-20/E6-5738 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5738]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34851]
Nittany and Bald Eagle Railroad Company--Temporary Trackage
Rights Exemption--Norfolk Southern Railway Company
Norfolk Southern Railway Company (NSR) has agreed to grant non-
exclusive, overhead, temporary trackage rights to Nittany and Bald
Eagle Railroad Company (N&BE), over a portion of NSR's line between
Driftwood, PA, at or near milepost 139.2, and Lock Haven, PA, at or
near milepost 194.2, a distance of approximately 55 miles.\1\
---------------------------------------------------------------------------
\1\ In conjunction with its Notice of Exemption, N&BE filed a
motion for a protective order to cover the written agreement between
N&BE and NSR, the Temporary Trackage Rights Agreement. In a decision
served on April 12, 2006, the Board granted the motion for a
protective order, finding that N&BE's motion conformed to the
Board's rules at 49 CFR 1104.14, governing protective orders to
maintain the confidentiality of materials submitted to the Board. An
unredacted version of the agreement was subject to the Protective
Order and Undertakings, ensuring that the parties' confidential
information would be used solely for this proceeding and not for
other purposes.
---------------------------------------------------------------------------
The transaction is scheduled to be consummated on a date mutually
agreed to in writing between N&BE and NSR, but shall occur no earlier
than April 7, 2006, the effective date of the exemption (7 days after
the exemption was filed). The temporary trackage rights will expire on
December 30, 2006.
The purpose of this transaction is to allow N&BE adequate bridge
train service for temporary, seasonal traffic originating on the N&BE
for delivery to an off-line destination.
As a condition to this exemption, any employees affected by the
acquisition of temporary trackage rights will be protected by the
conditions imposed in Norfolk and Western Ry. Co.-Trackage Rights-BN,
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.-Lease
and Operate, 360 I.C.C. 653 (1980), and any employees affected by the
discontinuance of these temporary trackage rights will be protected by
the conditions set out in Oregon Short Line R. Co.-Abandonment--Goshen,
360 I.C.C. 91 (1979).
This notice is filed under 49 CFR 1180.2(d)(8). If it contains
false or misleading information, the exemption is void ab initio.
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed
at any time. The filing of a petition to revoke will not automatically
stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34732, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Richard R. Wilson, Esq., 127
Lexington Avenue, Suite 100, Altoona, PA 16601.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: April 12, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-5738 Filed 4-19-06; 8:45 am]
BILLING CODE 4915-01-P | usgpo | 2024-10-08T14:08:33.120955 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5738.htm"
} |
FR | FR-2006-04-20/E6-5912 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20434-20435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5912]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Submission for OMB Review; Comment Request
April 12, 2006.
The Department of the Treasury has submitted the following public
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of
the submission(s) may be obtained by calling the Treasury Bureau
Clearance Officer listed. Comments regarding this information
collection should be addressed to the OMB reviewer listed and to the
Treasury Department Clearance Officer, Department of the Treasury, Room
11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220.
DATES: Written comments should be received on or before May 22, 2006 to
be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545-1225.
Type of Review: Extension.
Title: Notice of Plan Merger or Consolidation, Spin-off, or
Transfer of Plan Assets or Liabilities; Notice of Qualified Separate
Lines of Business.
Form: IRS Form 5310-A.
Description: Plan administrators are required to notify IRS of any
plan mergers, consolidations, spin-offs, or transfers of plan assets or
liabilities to another plan. Employers are required to notify IRS of
separate lines of business for their deferred compensation plans. Form
5310-A is used to make these notifications.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 158,800 hours.
OMB Number: 1545-1434.
Type of Review: Extension.
Title: CO-26-96 (Final) Regulations Under Section 382 of the
Internal Revenue Code of 1986; Application of Section 382 in Short
Taxable Years and With Respect to Controlled Groups.
Description: Section 382 limits the amount of income that can be
offset by loss carryovers after an ownership change. These regulations
provide rules for applying section 382 in the case of short taxable
years and with respect to controlled groups.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 875 hours.
OMB Number: 1545-1503.
Type of Review: Extension.
Title: Revenue Procedure 96-53, Section 482--Allocations Between
Related Parties.
Description: The information requested in sections 4.02, 5, 8.02,
9, 11.01, 11.02(1), 11.04, 11.07 and 11.08 is required to enable the
Internal Revenue Service to give advice on filing Advance Pricing
Agreement applications, to process such applications and negotiate
agreements, and to verify compliance with agreements and whether
agreements require modification.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 8,200 hours.
OMB Number: 1545-1540.
Type of Review: Extension.
Title: REG-106871-00 (Final) Reporting Requirements for Widely Held
Fixed Investment Trusts (TD 9241).
[[Page 20435]]
Description: The regulations clarify the reporting requirements of
trustees and middlemen involved with widely held fixed investment
trusts.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 2,400 hours.
OMB Number: 1545-1673.
Type of Review: Revision.
Title: Revenue Procedure 2003-44--Employee Plans Compliance
Resolution System (RP 2002-47--revised).
Description: The information requested in this revenue procedure is
required to enable the Commissioner, Tax Exempt and Government Entities
Division of the Internal Revenue Service to make determinations on the
issuance of various types of closing agreements and compliance
statements. The issuance of these agreements and statements allows
individual plans to maintain their tax-qualified status. As a result,
the favorable tax treatment of the benefits of the eligible employees
is retained.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, local or tribal government.
Estimated Total Burden Hours: 56,272 hours.
OMB Number: 1545-1971.
Type of Review: Extension.
Title: Household Employment Taxes.
Form: IRS Schedule H (Form 1040).
Description: Schedule H (Form 1040) is used by individuals to
report their employment taxes. The data is used to verify that the
items reported on the form is correct and also for general statistical
use.
Respondents: Individuals or households and Business or other for-
profit.
Estimated Total Burden Hours: 71,925 hours.
OMB Number: 1545-1972.
Type of Review: Extension.
Title: Supplemental Income and Loss.
Form: IRS Schedule E (Form 1040).
Description: Schedule E (Form 1040) is used by individuals to
report their supplemental income. The data is used to verify that the
items reported on the form is correct and also for general statistical
use.
Respondents: Individuals or households and Business or other for-
profit.
Estimated Total Burden Hours: 284,599 hours.
OMB Number: 1545-1973.
Type of Review: Extension.
Title: Net Profit From Business.
Form: IRS Schedule C-EZ (Form 1040).
Description: Schedule C-EZ (Form 1040) is used by individuals to
report their employment taxes. The data is used to verify that the
items reported on the form is correct and also for general statistical
use.
Respondents: Individuals or households and Business or other for-
profit.
Estimated Total Burden Hours: 1,027,515 hours.
OMB Number: 1545-1975.
Type of Review: Extension.
Title: Profit or Loss from Farming.
Form: IRS Schedule F, Parts 1 & 2 (Form 1040).
Description: Schedule F (Form 1040) is used by individuals to
report their employment taxes. The data is used to verify that the
items reported on the form is correct and also for general statistical
use.
Respondents: Individuals or households and Business or other for-
profit.
Estimated Total Burden Hours: 7,796,240 hours.
OMB Number: 1545-1976.
Type of Review: Extension.
Title: Profit or Loss from Farming.
Form: IRS Schedule F, Parts 2 & 3 (Form 1040).
Description: Schedule F (Form 1040) is used by individuals to
report their employment taxes. The data is used to verify that the
items reported on the form is correct and also for general statistical
use.
Respondents: Individuals or households and Business or other for-
profit.
Estimated Total Burden Hours: 49,356 hours.
OMB Number: 1545-1987.
Type of Review: Extension.
Title: Notice 138529-05 Section 1503(d) Failure to File Relief.
Description: Treasury regulation section 1.1503-2(b) provides that
a dual consolidated loss of a dual resident corporation cannot offset
the taxable income of any domestic affiliate in the taxable year in
which the loss is recognized or in any other taxable year. To implement
this general rule and its exceptions, Treas. Reg section 1.1503-2,
1.1503-2A, and 1.1503-2T require various filings to be included in a
timely filed tax return. Taxpayers that fail to include section 1503(d)
filings on a timely basis are currently required to request an
extension of time to file under the provisions of section 301.9100-1
through 301.9100-3. This Notice announces that taxpayers will not be
required to request extensions for most section 1503(d) filings if they
can demonstrate that the failure to timely file was due to reasonable
cause and not willful neglect.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 1,238 hours.
Clearance Officer: Glenn P. Kirkland, (202) 622-3428, Internal
Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington,
DC 20224.
OMB Reviewer: Alexander T. Hunt, (202) 395-7316, Office of
Management and Budget, Room 10235, New Executive Office Building,
Washington, DC 20503.
Michael A. Robinson,
Treasury PRA Clearance Officer.
[FR Doc. E6-5912 Filed 4-19-06; 8:45 am]
BILLING CODE 4830-01-P | usgpo | 2024-10-08T14:08:33.133222 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5912.htm"
} |
FR | FR-2006-04-20/E6-5914 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20435-20436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5914]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Submission for OMB Review; Comment Request
April 13, 2006.
The Department of the Treasury has submitted the following public
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of
the submission(s) may be obtained by calling the Treasury Bureau
Clearance Officer listed. Comments regarding this information
collection should be addressed to the OMB reviewer listed and to the
Treasury Department Clearance Officer, Department of the Treasury, Room
11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220.
Dates: Written comments should be received on or before May 22,
2006 to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545-0168.
Type of Review: Extension.
Title: Application for Exemption from Self-Employment Tax Use by
Ministers, Members of Religious Orders and Christian Science
Practitioners.
Form: IRS Form 4361.
Description: Form 4361 is used by ministers, members of religious
orders, or Christian Science practitioners to file for an exemption
from self-employment tax on certain earnings and to certify that they
have informed the church or order that they are opposed to the
acceptance of certain public insurance benefits.
Respondents: Individuals or households.
Estimated Total Burden Hours: 10,168 hours.
OMB Number: 1545-0441.
Type of Review: Extension.
Title: Form 6559, Transmitter Report and Summary of Magnetic Media;
Form
[[Page 20436]]
6559-A, Continuation Sheet for Form 6559.
Form: IRS Form 6559 and 6559-A.
Description: Forms 6559 and 6559-A are used by filers of Form W-2
wage and tax data to transmit filing on magnetic media. SSA and IRS
need signed and summary data for processing purposes. The forms are
used primarily by large employers and tax filing services (Service
bureaus).
Respondents: Business or other for-profit; Not-for-profit
institutions; Farms; Federal Government; State, local or tribal
government.
Estimated Total Burden Hours: 27,000 hours.
OMB Number: 1545-0919.
Type of Review: Extension.
Title: Limitations on Percentage Depletion in the Case of Oil and
Gas Wells (PS-105-75) Final.
Description: The regulations require each partner to separately
keep records of his share of the adjusted basis of partnership oil and
gas property and require each partnership, trusts, estate, and operator
to provide information necessary to certain persons to compute
depletion with respect to oil and gas.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 1 hour.
OMB Number: 1545-1347.
Type of Review: Extension.
Title: FI-7-94 and FI-36-92 (Final).
Description: The Code limits the ability of State and local
government issuers of tax-exempt bonds to earn and/or keep arbitrage
profits earned with bond proceeds. This regulation requires
recordkeeping of certain interest rate hedges so that the hedges are
taken into account in determining those profits.
Respondents: State, local or tribal government.
Estimated Total Burden Hours: 42,050 hours.
OMB Number: 1545-1431.
Type of Review: Extension.
Title: Substantiation Requirement for Certain Contributions 1A-74-
93 (Final)
Description: These regulations provide that, for purposes of
substantiation for certain charitable contributions, consideration does
not include de minimis goods or services. It also provides guidance on
how taxpayers may satisfy the substantiation requirement for
contributions of $250 or more.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Estimated Total Burden Hours: 51,500 hours.
OMB Number: 1545-1510.
Type of Review: Extension.
Title: Revenue Procedure 96-60, Procedure for filing Forms W-2 is
certain Acquisitions.
Description: Information is required by the Internal Revenue
Service to assist predecessor and successor employers in complying with
the reporting requirements under Code sections 6051 and 6011 for Forms
W-2 and 941.
Respondents: Business or other for-profit.
Estimated Total Burden Hours: 110,700 hours.
OMB Number: 1545-1533.
Type of Review: Extension.
Title: Revenue Procedure 97-22, 26 CFR 601.105 Examination of
returns and claims for refund, credits, or abatement, determination of
correct tax liability.
Description: The information requested in Revenue Procedure 97-22
under sections 4 and 5 is required to ensure that records maintained in
an electronic storage system will constitute records within the meaning
of section 6001.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Farms; Federal Government; State,
local or tribal government.
Estimated Total Burden Hours: 1,000,400 hours.
OMB Number: 1545-1667.
Type of Review: Extension.
Title: Revenue Procedure 99-50 Combined Information Reporting.
Description: The revenue procedure permits combined information
reporting by a successor ``business entity'' (i.e., a corporation,
partnership, or sole proprietorship) in certain situations following a
merger or an acquisition. The successor must file a statement with the
Internal Revenue Service indicating what forms are being filed on a
combined basis.
Respondents: Business or other for-profit; Not-for-profit
institutions; Farms.
Estimated Total Burden Hours: 500 hours.
Clearance Officer: Glenn P. Kirkland, (202) 622-3428, Internal
Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington,
DC 20224.
OMB Reviewer: Alexander T. Hunt, (202) 395-7316, Office of
Management and Budget, Room 10235, New Executive Office Building,
Washington, DC 20503.
Michael A. Robinson,
Treasury PRA Clearance Officer.
[FR Doc. E6-5914 Filed 4-19-06; 8:45 am]
BILLING CODE 4830-01-P | usgpo | 2024-10-08T14:08:33.168185 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5914.htm"
} |
FR | FR-2006-04-20/06-3769 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20436-20437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3769]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Fiscal Service
Financial Management Service; Proposed Collection of Information:
ACH Vendor/Miscellaneous Payment Enrollment Form
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Financial Management Service, as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other Federal agencies to take this opportunity to comment
on a continuing information collection. By this notice, the Financial
Management Service solicits comments concerning the SF 3881 ``ACH
Vendor/Miscellaneous Payment Enrollment Form.''
DATES: Written comments should be received on or before June 19, 2006.
ADDRESSES: Direct all written comments to Financial Management Service,
Records and Information Management Branch, Room 135, 3700 East West
Highway, Hyattsville, Maryland 20782.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the form(s) and instructions should be directed to Victor
Robledo, EFT Strategy Division, Room 419A, 401 14th Street, SW.,
Washington, DC 20227, (202) 874-6919.
SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of
1995, (44 U.S.C. 3506(c)(2)(A)), the Financial Management Service
solicits comments on the collection of information described below:
Title: ACH Vendor/Miscellaneous Payment Enrollment Form.
OMB Number: 1510-0056.
Form Number: SF 3881.
Abstract: This form is used to collect payment data from vendors
doing business with the Federal Government. The Treasury Department,
Financial Management Service, will use the information to
electronically transmit payment to vendors' financial institutions.
Current Actions: Extension of currently approved collection.
Type of Review: Regular.
Affected Public: Business or other for-profit institutions.
Estimated Number of Respondents: 70,000.
Estimated Time Per Respondent: 15 minutes.
Estimated Total Annual Burden Hours: 17,500.
[[Page 20437]]
Comments: Comments submitted in response to this notice will be
summarized and/or included in the request for Office of Management and
Budget approval. All comments will become a matter of public record.
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 shall have practical utility; (b) the
accuracy of the agency's estimate of the burden of the collection of
information; (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 respondents, including through the use of
automated collection techniques or other forms of information
technology; and (e) estimates of capital or start-up costs and costs of
operation, maintenance and purchase of services to provide information.
Judith Tillman,
Assistant Commissioner, Regional Operations.
[FR Doc. 06-3769 Filed 4-19-06; 8:45 am]
BILLING CODE 4810-35-M | usgpo | 2024-10-08T14:08:33.199657 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3769.htm"
} |
FR | FR-2006-04-20/E6-5893 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5893]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900--New (EHSRDV)]
Proposed Information Collection Activity: Proposed Collection;
Comment Request
AGENCY: Office of Policy, Planning and Preparedness, Department of
Veterans Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Office of Policy, Planning and Preparedness (OPP&P),
Department of Veterans Affairs (VA), is announcing an opportunity for
public comment on the proposed collection of certain information by the
agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal
agencies are required to publish notice in the Federal Register
concerning each proposed collection of information, including each
proposed new collection of information, and allow 60 days for public
comment in response to the notice. This notice solicits comments on
information needed to determine the factors impacting employment
histories in recently discharged veterans.
DATES: Written comments and recommendations on the proposed collection
of information should be received on or before June 19, 2006.
ADDRESSES: Submit written comments on the collection of information to
David Paschane, Office of Policy, Planning and Preparedness (008A),
Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC
20420 or e-mail [email protected]. Please refer to ``OMB Control
No. 2900--New (EHSRDV)'' in any correspondence.
FOR FURTHER INFORMATION CONTACT: David Paschane at (202) 273-6784 or
FAX (202) 273-5993.
SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44
U.S.C. 3501-3521), Federal agencies must obtain approval from the
Office of Management and Budget (OMB) for each collection of
information they conduct or sponsor. This request for comment is being
made pursuant to Section 3506(c)(2)(A) of the PRA.
With respect to the following collection of information, the Office
of Policy, Planning and Preparedness invites comments on: (1) Whether
the proposed collection of information is necessary for the proper
performance of VA's functions, including whether the information will
have practical utility; (2) the accuracy of VA's estimate of the burden
of the proposed collection of information; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or the use of other forms of information technology.
Title: Employment Histories Survey of Recently Discharged Veterans.
Type of Review: New collection.
Abstract: The purpose of the study is to obtain information on
recently discharged veterans and to test the feasibility of a two-wave
pilot survey. The data includes recent employment history; occupation;
senior management status; employment commensurate with previous work or
military experience; experience with training, education, and
employment assistance; education; disability status; and geographic
mobility.
Affected Public: Individuals or households.
Estimated Time Per Respondent and Annual Burden: 647 hours.
Estimated Average Burden Per Respondent: 20 minutes.
Frequency of Response: Biennially.
Estimated Number of Respondents: 1,940.
Dated: April 10, 2006.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E6-5893 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.230718 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5893.htm"
} |
FR | FR-2006-04-20/E6-5894 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20437-20438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5894]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0386]
Agency Information Collection Activities Under OMB Review
AGENCY: Veterans Benefits Administration, Department of Veterans
Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501-21), this notice announces that the Veterans Benefits
Administration (VBA), Department of Veterans Affairs, has submitted the
collection of information abstracted below to the Office of Management
and Budget (OMB) for review and comment. The PRA submission describes
the nature of the information collection and its expected cost and
burden and includes the actual data collection instrument.
DATES: Comments must be submitted on or before May 22, 2006.
FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management
Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 565-8374, fax (202) 565-6950 or e-
mail: [email protected]. Please refer to ``OMB Control No.
2900-0386.'' Send comments and recommendations concerning any aspect of
the information collection to VA's OMB Desk Officer, OMB Human
Resources and Housing Branch, New Executive Office Building, Room
10235, Washington, DC 20503 (202) 395-7316. Please refer to ``OMB
Control No. 2900-0386'' in any correspondence.
SUPPLEMENTARY INFORMATION:
Title: Interest Rate Reduction Refinancing Loan Worksheet, VA Form
26-8923.
OMB Control Number: 2900-0386.
Type of Review: Extension of a currently approved collection.
Abstract: Title 38 U.S.C. 3729(a) requires VA to collect a funding
fee in connection with guaranteed or direct loans. The fee is payable
for both home and manufactured home loans. To be eligible for the
guaranty, lenders must submit VA Form 26-8923, and VA Form 26-1820,
Report and Certification of
[[Page 20438]]
Loan Disbursement when requesting a guaranty on an interest rate
reduction refinancing loan and provide a receipt as proof that the
funding fee was paid or evidence that the claimant is exempt from such
fee. VA uses the data collected to ensure lenders correctly compute the
funding fee and the maximum permissible loan amount for interest rate
reduction refinancing loans.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The Federal Register Notice with a
60-day comment period soliciting comments on this collection of
information was published on January 19, 2006 at page 3156.
Affected Public: Business or other for profit.
Estimated Annual Burden: 6,667 hours.
Estimated Average Burden Per Respondent: 10 minutes.
Frequency of Response: On occasion.
Estimated Number of Total Respondents: 40,000.
Dated: April 4, 2006.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E6-5894 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.260432 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5894.htm"
} |
FR | FR-2006-04-20/E6-5896 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5896]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0564]
Proposed Information Collection Activity: Proposed Collection;
Comment Request
AGENCY: Veterans Benefits Administration, Department of Veterans
Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Veterans Benefits Administration (VBA), Department of
Veterans Affairs (VA), is announcing an opportunity for public comment
on the proposed collection of certain information by the agency. Under
the Paperwork Reduction Act (PRA) of 1995, Federal agencies are
required to publish notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
of a currently approved collection, and allow 60 days for public
comment in response to the notice. This notice solicits comments on the
information needed to enroll claimants receiving benefit payments into
an electronic funds transfer program.
DATES: Written comments and recommendations on the proposed collection
of information should be received on or before June 19, 2006.
ADDRESSES: Submit written comments on the collection of information to
Nancy J. Kessinger, Veterans Benefits Administration (20M35 Department
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or
e-mail: [email protected]. Please refer to ``OMB Control No. 2900-
0564'' in any correspondence.
FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at (202) 273-7079
or FAX (202) 275-5947.
SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Public Law 104-13; 44
U.S.C. 3501-3521), Federal agencies must obtain approval from the
Office of Management and Budget (OMB) for each collection of
information they conduct or sponsor. This request for comment is being
made pursuant to Section 3506(c)(2)(A) of the PRA.
With respect to the following collection of information, VBA
invites comments on: (1) Whether the proposed collection of information
is necessary for the proper performance of VBA's functions, including
whether the information will have practical utility; (2) the accuracy
of VBA's estimate of the burden of the proposed collection of
information; (3) ways to enhance the quality, utility, and clarity of
the information to be collected; and (4) ways to minimize the burden of
the collection of information on respondents, including through the use
of automated collection techniques or the use of other forms of
information technology.
Titles:
a. Direct Deposit Enrollment, VA Form 24-0296.
b. Direct Deposit Enrollment (Australia), VA Form 24-0296a.
c. Direct Deposit Enrollment (Canada), VA Form 24-0596b.
d. Direct Deposit Enrollment (Germany), VA Form 24-2096c.
e. Direct Deposit Enrollment (Ireland), VA Form 24-0296d.
f. Direct Deposit Enrollement (United Kingdom), VA Form 24-0296e.
OMB Control Number: 2900-0564.
Type of Review: Extension of a currently approved collection.
Abstract: Claimants complete the Direct Deposit Enrollment forms to
authorize VA to electronically deposit their benefit payments into
their financial institution account.
Affected Public: Individuals or households.
Estimated Annual Burden:
a. VA Form 24-0296--750 hours.
b. VA Form 24-0296a (Australia)--100 hours.
c. VA Form 24-2096b (Canada)--100 hours.
d. VA Form 24-2096c (Germany)--100 hours.
e. VA Form 24-2096d (Ireland)--100 hours.
f. VA Form 24-2096e (United Kingdom)--100 hours.
Estimated Average Burden Per Respondent: 15 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents: 5,000.
a. VA Form 24-0296--3,000.
b. VA Form 24-0296a (Australia)--400.
c. VA Form 24-2096b (Canada)--400.
d. VA Form 24-2096c (Germany)--400.
e. VA Form 24-0296d (Ireland)--400.
f. VA Form 24-0296e (United Kingdom)--400.
Dated: April 6, 2006.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E6-5896 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.281966 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5896.htm"
} |
FR | FR-2006-04-20/E6-5898 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20438-20439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5898]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0554]
Proposed Information Collection Activity: Proposed Collection;
Comment Request
AGENCY: Veterans Health Administration, Department of Veterans Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Veterans Health Administration (VHA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of a currently approved collection, and allow
60 days for public comment in response to the notice. This notice
solicits comments on the information needed to determine applicants
eligibility to receive a grant and/or per diem for programs to assist
the homeless.
DATES: Written comments and recommendations on the proposed collection
of information should be received on or before June 19, 2006.
[[Page 20439]]
ADDRESSES: Submit written comments on the collection of information to
Ann Bickoff, Veterans Health Administration (193E1), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Please
refer to ``OMB Control No. 2900-0554'' in any correspondence.
FOR FURTHER INFORMATION CONTACT: Ann Bickoff at (202) 273-8310.
SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44
U.S.C. 3501-3521), Federal agencies must obtain approval from the
Office of Management and Budget (OMB) for each collection of
information they conduct or sponsor. This request for comment is being
made pursuant to Section 3506(c)(2)(A) of the PRA.
With respect to the following collection of information, VHA
invites comments on: (1) Whether the proposed collection of information
is necessary for the proper performance of VHA's functions, including
whether the information will have practical utility; (2) the accuracy
of VHA's estimate of the burden of the proposed collection of
information; (3) ways to enhance the quality, utility, and clarity of
the information to be collected; and (4) ways to minimize the burden of
the collection of information on respondents, including through the use
of automated collection techniques or the use of other forms of
information technology.
Titles:
a. Homeless Providers Grant and Per Diem Program, Capital Grant
Application, VA Form 10-0361-CG.
b. Homeless Providers Grant and Per Diem Program, Life Safety Code
Application, VA Form 10-0361-LSC.
c. Homeless Providers Grant and Per Diem Program, Per Diem Only
Application, VA Form 10-0361-PDO.
d. Homeless Providers Grant and Per Diem Program, Special Needs
Application, VA Form 10-0361-SN.
e. Compliance Reports for Per Diem and Special Needs Grants. No
form needed. May be reported to VA in standard business narrative.
f. Homeless Providers Grant and Per Diem Program, Technical
Assistance Application, VA Form 10-0361-TA.
g. Compliance Reports for Technical Assistance Grants. No form
needed. May be reported to VA in standard business narrative.
OMB Control Number: 2900-0554.
Type of Review: Extension of a currently approved collection.
Abstract: VA Form 10-0361 series, Homeless Providers Grant and Per
Diem Program, will be used to evaluate applicants eligibility to
receive a grant/or per diem payments which provide supportive housing/
services to assist homeless veterans transition to independent living.
The collected information will be used to apply the specific criteria
to rate and rank each application; and to obtain information necessary
to ensure that Federal funds are awarded to applicants who are
financially stable and who will conduct program for which a grant and/
or per diem award was made.
Affected Public: Not-for-profit institutions, State, local or
tribal governments.
Estimated Annual Burden: 14,340 hours.
a. Homeless Providers Grant and Per Diem Program, Capital Grant
Application, VA Form 10-0361-CG--3,500 hours.
b. Homeless Providers Grant and Per Diem Program, Life Safety Code
Application, VA Form 10-0361-LSC--2,000 hours.
c. Homeless Providers Grant and Per Diem Program, Per Diem Only
Application, VA Form 10-0361-PDO--3,000 hours.
d. Homeless Providers Grant and Per Diem Program, Special Needs
Application, VA Form 10-0361-SN--4,000 hours.
e. Compliance Reports for Per Diem and Special Needs Grants--1,500
hours.
f. Homeless Providers Grant and Per Diem Program, Technical
Assistance Application, VA Form 10-0361-TA--250 hours.
g. Compliance Reports for Technical Assistance Grants--90 hours.
Estimated Average Burden Per Respondent:
a. Homeless Providers Grant and Per Diem Program, Capital Grant
Application, VA Form 10-0361-CG--35 hours.
b. Homeless Providers Grant and Per Diem Program, Life Safety Code
Application, VA Form 10-0361-LSC--10 hours.
c. Homeless Providers Grant and Per Diem Program, Per Diem Only
Application, VA Form 10-0361-PDO--20 hours.
d. Homeless Providers Grant and Per Diem Program, Special Needs
Application, VA Form 10-0361-SN--20 hours.
e. Compliance Reports for Per Diem and Special Needs Grants--5
hours.
f. Homeless Providers Grant and Per Diem Program, Technical
Assistance Application, VA Form 10-0361-TA--10 hours.
g. Compliance Reports for Technical Assistance Grants--2.25 hours.
Frequency of Response: On occasion.
Estimated Number of Respondents: 985.
a. Homeless Providers Grant and Per Diem Program, Capital Grant
Application, VA Form 10-0361-CG--100.
b. Homeless Providers Grant and Per Diem Program, Life Safety Code
Application, VA Form 10-0361-LSC--200.
c. Homeless Providers Grant and Per Diem Program, Per Diem Only
Application, VA Form 10-0361-PDO--150.
d. Homeless Providers Grant and Per Diem Program, Special Needs
Application, VA Form 10-0361-SN--200.
e. Compliance Reports for Per Diem and Special Needs Grants--300.
f. Homeless Providers Grant and Per Diem Program, Technical
Assistance Application, VA Form 10-0361-TA--25.
g. Compliance Reports for Technical Assistance Grants--40.
Dated: April 4, 2006.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E6-5898 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.302581 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5898.htm"
} |
FR | FR-2006-04-20/E6-5900 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20439-20440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5900]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-0570]
Agency Information Collection Activities Under OMB Review
AGENCY: Veterans Health Administration, Department of Veterans Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501-3521), this notice announces that the Veterans Health
Administration (VHA), Department of Veterans Affairs, has submitted the
collection of information abstracted below to the Office of Management
and Budget (OMB) for review and comment. The PRA submission describes
the nature of the information collection and its expected cost and
burden; it includes the actual data collection instrument.
DATES: Comments must be submitted on or before May 22, 2006.
For Further Information or a Copy of the Submission Contact: Denise
McLamb, Information Management Service (005E3), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 565-8374,
FAX (202) 565-6950 or e-mail:
[[Page 20440]]
[email protected]. Please refer to ``OMB Control No. 2900-
0570.''
Send comments and recommendations concerning any aspect of the
information collection to VA's OMB Desk Officer, OMB Human Resources
and Housing Branch, New Executive Office Building, Room 10235,
Washington, DC 20503 (202) 395-7316. Please refer to ``OMB Control No.
2900-0570'' in any correspondence.
SUPPLEMENTARY INFORMATION:
Title: Generic Veterans Health Administration Customer Satisfaction
Surveys.
OMB Control Number: 2900-0570.
Type of Review: Extension of a currently approved collection.
Abstract: VA use customer satisfaction surveys to obtain its
patients perception on the type and quality of healthcare services they
need and their satisfaction with existing services. The data collected
will be used to improve the quality of healthcare services.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The Federal Register Notice with a
60-day comment period soliciting comments on this collection of
information was published on January 31, 2006 on page 5120.
Affected Public: Individuals or households.
Estimated Annual Burden: 130,644 hours.
a. Ad Hoc Facilities Surveys (VA Medical Facilities) and Special
Emphasis Programs Conducted at Headquarters--44,182 hours.
b. Pre-approved Local Facilities Surveys (VA Medical Facilities)--
86,461 hours.
Estimated Average Burden Per Respondent:
a. Special Emphasis Programs Conducted at Headquarters--11 minutes.
b. Local Facilities Surveys (VA Medical Facilities)--6 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents: 531,144.
a. Special Emphasis Programs Conducted at Headquarters--161,777.
b. Local Facilities Surveys (VA Medical Facilities)--369,367.
Dated: April 10, 2006.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E6-5900 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.317840 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5900.htm"
} |
FR | FR-2006-04-20/E6-5901 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5901]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
[OMB Control No. 2900-New]
Agency Information Collection Activities Under OMB Review
AGENCY: Veterans Benefits Administration, Department of Veterans
Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501-21) this notice announces that the Veterans Benefits
Administration (VBA), Department of Veterans Affairs, has submitted the
collection of information abstracted below to the Office of Management
and Budget (OMB) for review and comment. The PRA submission describes
the nature of the information collection and its expected cost and
burden and includes the actual data collection instrument.
DATES: Comments must be submitted on or before May 22, 2006.
FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management
Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 565-8374, FAX (202) 565-6950 or e-
mail: [email protected]. Please refer to ``OMB Control No.
2900-New.''
Send comments and recommendations concerning any aspect of the
information collection to VA's OMB Desk Officer, OMB Human Resources
and Housing Branch, New Executive Office Building, Room 10235,
Washington, DC 20503 (202) 395-7316. Please refer to ``OMB Control No.
2900-New'' in any correspondence.
SUPPLEMENTARY INFORMATION:
Title: Certification of Change or Correction of Name, VA Form 29-
586.
OMB Control Number: 2900-New.
Type of Review: Existing collection in use without an OMB control
number.
Abstract: Claimants complete VA Form 29-586 to certify a change or
correction to their name on Government Life Insurance policies.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The Federal Register Notice with a
60-day comment period soliciting comments on this collection of
information was published on January 19, 2006 at pages 3155-3156.
Affected Public: Individuals or households.
Estimated Annual Burden: 20 hours.
Estimated Average Burden Per Respondent: 10 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents: 120.
Dated: April 5, 2006.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Records Management Service.
[FR Doc. E6-5901 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.333927 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5901.htm"
} |
FR | FR-2006-04-20/E6-5897 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20440-20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5897]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Fund Availability Under the Department of Veterans Affairs (VA)
Homeless Providers Grant and Per Diem Program
AGENCY: Department of Veterans Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: VA is announcing the availability of funds for applications
for assistance under the Capital Grant component of the VA Homeless
Providers Grant and Per Diem Program. This Notice contains information
concerning the program, funding priorities, application process, and
amount of funding available.
DATES: An original completed and collated grant application (plus three
completed collated copies) for assistance under the VA Homeless
Providers Grant and Per Diem Program must be received in the Grant and
Per Diem Field Office, by 4 p.m. eastern time on June 14, 2006.
Applications may not be sent by facsimile (FAX). In the interest of
fairness to all competing applicants, this deadline is firm as to date
and hour, and VA will treat as ineligible for consideration any
application that is received after the deadline. Applicants should take
this practice into account and make early submission of their material
to avoid any risk of loss of eligibility brought about by unanticipated
delays or other delivery-related problems.
For a Copy of the Application Package: Download directly from the
VA Grant and Per Diem Program Web page at: http://www.va.gov/homeless/page.cfm?pg=3 or call the Grant and Per Diem Program Office at (toll-
free) 1-877-332-0334. For a document relating to the VA Homeless
Providers Grant and Per Diem Program, see the Final Rule published in
the Federal Register on September 26, 2003.
Submission of Application: An original completed and collated grant
application (plus three copies) must be submitted to the following
address: VA Homeless Providers Grant and Per Diem Field Office, 10770
N. 46th Street, Suite
[[Page 20441]]
C-200, Tampa, FL 33617. Applications must be received in the Grant and
Per Diem Field office by the application deadline. Applications must
arrive as a complete package. Materials arriving separately will not be
included in the application package for consideration and may result in
the application being rejected or not funded.
FOR FURTHER INFORMATION CONTACT: Dr. Guy Liedke, VA Homeless Providers
Grant and Per Diem Program, Department of Veterans Affairs, 10770 N.
46th Street, Suite C-200, Tampa, FL 33617; (toll-free) 1-877-332-0334.
SUPPLEMENTARY INFORMATION: This Notice announces the availability of
capital funds for assistance under the VA Homeless Providers Grant and
Per Diem Program for eligible entities to: (1) Expand existing
transitional housing projects; or (2) develop new transitional housing
programs. Supportive service centers will not be considered for
funding. Funding applied for under the capital grant component may be
used for:
(1) Remodeling or alteration of existing buildings; (2) acquisition
of buildings, acquisition and rehabilitation of buildings; (3) new
construction; and (4) acquisition of vans (in connection with a new or
existing Grant and Per Diem Grant project) for outreach to and/or
transportation for homeless veterans. Public Law 107-95, Sec. 5(a)(1)
the Homeless Veterans Comprehensive Assistance Act of 2001 codified at
38 U.S.C. 2011, 2012, 2061, and 2064 authorizes this program. The
program has been extended through Fiscal Year 2006. For eligibility
criteria please refer to the Final Rule published the Federal Register
on September 26, 2003.
Capital grant applicants may not receive assistance to replace
funds provided by any State or local government to assist homeless
persons. A proposal for an existing project that seeks to shift its
focus by changing the population being served or the precise mix of
services being offered is not eligible for consideration. No more than
25 percent of services available in projects funded through this grant
program may be provided to clients who are not receiving those services
as veterans.
VA is pleased to issue this Notice of Fund Availability (NOFA) for
the Homeless Providers Grant and Per Diem Program. The Department
expects to award approximately $10 million under the Capital Grant
component.
Funding available under this NOFA is being offered to help offset
the capital expenses of existing State and local governments, Indian
Tribal governments, faith-based, and community-based organizations that
are capable of creating and providing supported transitional housing
for homeless veterans. The District of Columbia, the Commonwealth of
Puerto Rico, any territory or possession of the United States, may be
considered eligible entities under the definition of ``State'' in the
Final Rule, Sec. 61.1 Definitions.
Per diem for these programs is requested in the grant application
and may be paid at the time of grant project completion. It should be
noted that VA per diem payment is limited to the applicant's cost of
care per eligible veteran minus other sources of payments to the
applicant for furnishing services to homeless veterans up to the per
day rate VA pays for State Home Domiciliary care. Awardees will be
required to support their request for per diem payment with adequate
fiscal documentation as to program income and expenses.
Interested organizations should know that the vast majority of
homeless veterans in this country suffer from mental illness or
substance abuse disorders or are dually diagnosed with both mental
illness and substance abuse disorders. In addition, many homeless
veterans have serious medical problems. Collaboration with VA medical
centers, VA community-based outpatient clinics or other health care
providers as well as with VA and other benefit providers is an
important aspect of assuring that homeless veterans have access to
appropriate health care services. VA considers this program an
important part of our effort to end chronic homelessness among
veterans.
It is important to be aware that VA places great emphasis on
responsibility and accountability. VA has procedures in place to verify
the completion of the capital grant as well as monitor services
provided to homeless veterans and outcomes associated with the services
provided in grant and per diem-funded programs. Applicants should be
aware of the following:
All awardees that are conditionally selected in response to this
NOFA must meet the Life Safety Code of the National Fire and Protection
Association as it relates to their specific facility. VA will conduct
an inspection prior to awardees being able to submit request for per
diem payment to ensure this requirement is met.
Upon capital grant completion each program seeking per diem will
have a liaison appointed from a nearby VA medical facility to provide
oversight and monitor services provided to homeless veterans in the per
diem-funded program.
Monitoring will include at a minimum an annual review of each per
diem program's progress toward meeting internal goals and objectives in
helping veterans attain housing stability, adequate income support, and
self sufficiency as identified in each per diem program's original
application. Monitoring will also include a review of the agency's
income and expenses as they relate to this project to ensure per diem
payment is accurate.
Each per diem-funded program will participate in VA's national
program monitoring and evaluation system administered by the VA
Northeast Program Evaluation Center (NEPEC). NEPEC's monitoring
procedures will be used to determine successful accomplishment of these
housing outcomes for each per diem-funded program.
Authority: The VA Homeless Providers Grant and Per Diem Program
is authorized by Public Law 107-95, Sec. 5(a)(1) the Homeless
Veterans Comprehensive Assistance Act of 2001 codified at 38 U.S.C.
2011, 2012, 2061, 2064 and has been extended through Fiscal Year
2006. The program is implemented by the final rule codified at 38
CFR 61.0. The final rule was published in the Federal Register on
September 26, 2003, the regulations can be found in their entirety
in 38 CFR, Sec. 61.0 through 61.82. Funds made available under this
Notice are subject to the requirements of those regulations.
Allocation: Approximately $10 million is available for the Capital
Grant component. Capital grant awards will be limited to transitional
housing projects, (service centers will not be considered in this
round), with no more than one award per tax identification number. Vans
must be directly connected to a new or existing Grant and Per Diem
Grant project and will be limited to one per project. Per diem payments
to capital grant recipients are subject to the recipients maintaining
the project for which the grant was awarded, the availability of funds
and reauthorization of the program past September 30, 2006.
Funding Priorities: VA establishes priority for funding to
underserved and low utilization populations and areas. In this round of
capital grant funding, VA expects to award funding to create
approximately 670 community-based supported housing beds.
Funding priority 1. Indian Tribal Governments or applicants whose
projects are in partnership with Indian Tribal Governments and to the
maximum extent possible are designed exclusively for homeless Native
American veterans will be considered in the first funding priority.
Provision of
[[Page 20442]]
housing services must occur on ``Indian Tribal property.'' Of those
eligible entities in the first funding priority, that are legally
fundable, the highest scoring applicants will be funded first until
approximately $2 million is awarded. Applicants not funded in this
priority will be considered in the third funding priority as
applicable.
Funding priority 2. Applicants whose projects are physically
located in Puerto Rico, and any territory or possession of the United
States are the second funding priority. Eligible entities whose
projects are located in these areas will be considered in the second
funding priority. Of those eligible entities in the second funding
priority, that are legally fundable, the highest scoring applicants
will be funded first until approximately $1 million is awarded.
Applicants not funded in this priority will be placed in the third
funding priority.
Funding priority 3. VA is encouraging interested, state and local
governments, faith-based, and community-based organizations to apply
for funding under this NOFA. Eligible entities that are state and local
governments, Indian Tribal governments, faith-based, and community-
based organizations, along with those applicants not selected in the
first or second funding priority will be considered in the third
funding priority as applicable. Of those eligible entities that are
legally fundable, the highest-ranked applications for which funding is
available, will be conditionally selected for eligibility to receive a
capital grant in accordance with their ranked order until funding is
expended (approximately $7 million).
Methodology: VA will review all capital grant applications in
response to this NOFA as follows: VA will group the applicants into the
funding priorities categories. Applicants will then be ranked within
their respective funding category based on score and any ranking
criteria set forth in that funding category only if the applicant
scores at least 600 cumulative points and must receive points under
criteria from paragraphs (b), (c), (d), (e), and (i) of Section 61.13.
The highest-ranked application for which funding is available,
within the highest funding category, will be conditionally selected in
accordance with their ranked order until VA reaches the projected
amount of funding for each category. If funds are still available after
selection of those applications in the highest priority group VA will
continue to conditionally select applicants in lower priority
categories in accordance with the selection method set forth in the
final rule Section 61.14.
Application Requirements: The grant application requirements will
be specified in the application package. Applicants should be careful
to complete the proper application package. Submission of the incorrect
or incomplete application package will result in the application being
rejected at threshold. The packages include all required forms and
certifications. Selections will be made based on criteria described in
the application, Final Rule, and NOFA. Applicants who are conditionally
selected will be notified of any additional information needed to
confirm or clarify information provided in the application. Applicants
will then be notified of the deadline to submit such information. If an
applicant is unable to meet any conditions for grant award within the
specified time frame, VA reserves the right to not award funds and to
use the funds available for other grant and per diem applicants.
Dated: April 13, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
[FR Doc. E6-5897 Filed 4-19-06; 8:45 am]
BILLING CODE 8320-01-P | usgpo | 2024-10-08T14:08:33.350809 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/E6-5897.htm"
} |
FR | FR-2006-04-20/06-3752 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3752]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Veterans' Disability Benefits Commission; Notice of Meeting
The Department of Veterans Affairs (VA) gives notice under Public
Law 92-463 (Federal Advisory Committee Act) that the Veterans'
Disability Benefits Commission has scheduled a town hall meeting for
May 10, 2006, at the Sheraton St. Louis City Center Hotel & Suites, The
Colonnade Ballroom, 400 South 14th Street, St. Louis, Missouri. The
town hall meeting will begin at 7 p.m. and end at 9 p.m. The meeting is
open to the public.
The purpose of the Commission is to carry out a study of the
benefits under the laws of the United States that are provided to
compensate and assist veterans and their survivors for disabilities and
deaths attributable to military service.
The Commission is conducting the fourth of eight fact-finding site
visits throughout the United States. The St. Louis area was selected
based on criteria that include the concentration of veterans, active-
duty service personnel, and members of the National Guard and Reserves.
Those criteria also include the location of Veterans Benefits
Administration, Veterans Health Administration, and Department of
Defense (DoD) facilities with particular interest in transition
activities. The goal of this visit is to allow the commissioners the
opportunity to tour local VA and DoD facilities; examine the processes
in place which assist disabled veterans, service members, and survivors
in their efforts to obtain benefits; and present these individuals and
the general public with an opportunity to learn about the work of the
Commission and to offer comments in face-to-face forums.
Interested persons may attend the meeting and present oral
statements to the Commission. Oral presentations will be limited to
five minutes or less, depending on the number of participants.
Interested parties may provide written comments for review by the
Commission prior to the meeting or at any time, by e-mail to
[email protected] or by mail to Mr. Ray Wilburn,
Executive Director, Veterans' Disability Benefits Commission, 1101
Pennsylvania Avenue, NW., 5th Floor, Washington, DC 20004.
Dated: April 14, 2006.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 06-3752 Filed 4-19-05; 8:45am]
BILLING CODE 8320-01-M | usgpo | 2024-10-08T14:08:33.378228 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3752.htm"
} |
FR | FR-2006-04-20/06-3753 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20442-20443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3753]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Veteran's Disability Benefits Commission; Notice of Meeting
The Department of Veterans Affairs (VA) gives notice under Public
Law 92-463 (Federal Advisory Committee Act) that the Veterans'
Disability Benefits Commission has scheduled a meeting for May 18-19,
2006, at the Holiday Inn National Airport, 2650 Jefferson Davis
Highway, Arlington, VA. The meeting will begin each day at 8 a.m. On
May 18, the meeting will end at 5 p.m., and on May 19 the meeting will
end at 3 p.m. The meeting is open to the public.
The purpose of the Commission is to carry out a study of the
benefits under the laws of the United States that are provided to
compensate and assist veterans and their survivors for disabilities and
deaths attributable to military service.
The agenda for the session on May 18 will include an overview of
the Department of Veterans Affairs National Compensation and Pension
Exam Program located in Nashville, Tennessee, with additional briefings
by QTC, Veterans Benefits Administration and Veterans Health
Administration to address the process, quality, timeliness and cost of
compensation and pension
[[Page 20443]]
examinations. The agenda will also feature a report of the Commission's
site visits to Illinois and Missouri, and the Government Accountability
Office will present its findings of the disability benefits available
to Federal, state and local employees who serve the public in high-risk
occupants and are injured in the line of duty. The agenda for the
session on May 19 will feature updates on the progress of the studies
being conducted by the Institute of Medicine (IOM) and the Center for
Naval Analyses (CNA), to include the results of CNA's literature
review, and a continuing discussion of Social Security Disability
Income.
Interested persons may attend and present oral statements to the
Commission. Oral presentations will be limited to five minutes or less,
depending on the number of participants. Interested parties may provide
written comments for review by the Commission prior to the meeting, by
e-mail to [email protected] or by mail to Mr. Ray
Wilburn, Executive Director, Veterans' Disability Benefits Commission,
1101 Pennsylvania Avenue, NW., 5th Floor, Washington, DC 20004.
Dated: April 13, 2006.
By Direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 06-3753 Filed 4-19-05; 8:45 am]
BILLING CODE 8320-01-M | usgpo | 2024-10-08T14:08:33.398517 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3753.htm"
} |
FR | FR-2006-04-20/06-3312 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Rules and Regulations]
[Pages 20446-20472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3312]
[[Page 20445]]
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Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 63 and 65
National Emission Standards for Hazardous Air Pollutants: General
Provisions; Final Rule
Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 / Rules
and Regulations
[[Page 20446]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63 and 65
[EPA-HQ-OAR-2004-0094; FRL-8055-5]
RIN 2060-AM89
National Emission Standards for Hazardous Air Pollutants: General
Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action promulgates amendments to certain aspects of
startup, shutdown, and malfunction (SSM) requirements affecting sources
subject to the national emission standards for hazardous air pollutants
(NESHAP) in response to a July 29, 2003 petition to reconsider certain
aspects of amendments to the NESHAP General Provisions published on May
30, 2003.
EFFECTIVE DATE: This final rule is effective on April 20, 2006.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2004-0094. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
confidential business information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0094, EPA
West, Room B-102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, U.S. EPA Office of
Air Quality Planning and Standards, Sector Policies and Programs
Division, Program Design Group (C504-05), Research Triangle Park, NC
27711; telephone number (919) 541-5262; fax number (919) 541-5600; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
Regulated Entities. Categories and entities potentially regulated
by this action include sources in all source categories regulated under
40 CFR parts 63 and 65 that must develop a startup, shutdown, and
malfunction plan.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's final rule amendments will also be
available on the WWW through the Technology Transfer Network (TTN).
Following signature, a copy of this action will be posted on the TTN's
policy and guidance page for newly promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule amendments is available only
by filing a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit by June 19, 2006. Under section
307(d)(7)(B) of the CAA, only an objection to the final rule amendments
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements established by the final
rule amendments may not be challenged separately in any civil or
criminal proceeding brought by EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. General Information
II. Summary of Final Amendments
III. Responses to Comments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
II. Summary of Final Amendments
The NESHAP General Provisions were first promulgated on March 16,
1994 (59 FR 12408). We subsequently proposed a variety of amendments to
the initial rule based in part on settlement negotiations with
industrial trade organizations, which had sought judicial review of the
rule, and in part on our practical experience in developing and
implementing NESHAP, also known as maximum achievable control
technology (MACT) standards, under the General Provisions (66 FR 16318;
March 23, 2001). We then promulgated final amendments to the General
Provisions pursuant to that proposal (67 FR 16582; April 5, 2002).
On April 25, 2002, Sierra Club filed a petition seeking judicial
review of those final amendments, Sierra Club v. U.S. Environmental
Protection Agency, No. 02-1135 (DC Circuit). The Sierra Club also filed
a petition seeking administrative reconsideration of certain provisions
in the final amendments, pursuant to Clean Air Act (CAA) section
307(d)(7)(B).
Shortly after the filing of the petition, EPA commenced discussions
with the Sierra Club concerning a settlement agreement. We reached
initial agreement with the Sierra Club on the terms of a settlement and
lodged the tentative agreement with the court on August 15, 2002, under
which we agreed to propose a rule to make specified amendments to the
General Provisions.
Following execution of the final settlement agreement, we published
proposed amendments effectuating its terms (67 FR 72875; December 9,
2002). Most of the General Provisions amendments dealt with clarifying
the general duty to minimize emissions and its relationship to the
startup, shutdown, and malfunction (SSM) plans required under 40 CFR
63.6(e)(3).
We issued final amendments (68 FR 32586; May 30, 2003) that require
that a source must promptly submit a copy of its plan to its permitting
authority if and when the permitting authority requests that the plan
be submitted. The final amendments also require the permitting
authority to obtain a copy of the plan from a facility if a member of
the public makes a specific and reasonable request to examine or
receive a copy. We noted that the permitting authority should work with
the requester to clarify any request if it is overly broad or
insufficiently specific.
After promulgation of the amendments, the NRDC petitioned EPA on
July 29, 2003, under section 307(d)(7)(D) of the CAA, to reconsider the
public access aspects of the SSM plan provisions. Specifically, NRDC
opposed the criteria for the public to access SSM plans, i.e., that a
plan may be obtained only if the request is ``specific and
reasonable.'' The NRDC concluded that the final amendments
[[Page 20447]]
allow the Administrator to block a citizen's access to SSM plans just
by declaring the request not ``specific and reasonable.''
On July 29, 2005 (70 FR 43992), we announced our reconsideration of
these issues arising from the final amendments of May 30, 2003,
regarding SSM plans, and proposed additional amendments to the General
Provisions and conforming amendments to other parts 63 and 65 subparts.
Today's notice responds to comments on the July 29, 2005 proposal and
promulgates final rule amendments.
By removing the requirement that the SSM plan must be followed
during periods of SSM, the final amendments allow sources flexibility
to address emissions during periods of SSM. This in no way alters the
obligation and requirement set out at 40 CFR 63.6(e)(1)(i) that source
owners or operators ``minimize emissions'' at all times, including
periods of SSM. Root cause analysis of excess emissions events may
generally be the most effective means in many industry sectors to
assist a source in meeting its regulatory obligation to minimize
emissions at all times including during periods of SSM. Appropriately
conducted root cause analysis should determine the fundamental cause of
an excess emissions event, and identify the steps and corrective action
necessary to ensure that the excess emission does not arise again.
Through this process, we have determined that fewer and fewer excess
emission events occur over time. Thus, performing a root cause or
similar analysis and implementing corrective action may often be
relevant in determining whether a source has met the good air pollution
control measures standard. The final amendments do not change the
current approach to minimizing emissions during periods of SSM, and we
fully expect owners or operators to follow their SSM plans during
periods of SSM. Owners or operators are also still required to keep
records of and report actions taken during SSM periods to minimize
emissions whenever there is an exceedance of an emissions limit (or a
potential exceedance in the case of a malfunction). (See discussion of
recordkeeping and recording requirements below.) We expect few owners
or operators to deviate from their plans, and only when necessary due
to unanticipated types of malfunctions, emergencies that are not
amenable to strict adherence to the plan at the time, safety
considerations that preclude following the plan as written, or when
emissions can be better minimized by taking steps that are different
from those set forth in the plan. Even then, the owner or operator must
report such deviations and demonstrate how emissions were minimized
when the plan was not followed. This is consistent with the prior
provisions, except that deviation from the plan is no longer a
violation of the SSM requirements of the General Provisions
regulations. This change has been made in all the parts 63 and 65
subparts that had previously required the plan to be followed.
We are also removing the requirement that the Administrator obtain
a copy of a source's SSM plan whenever requested by a member of the
public. The public may obtain a copy of any plan obtained by the
Administrator from a source. This includes any permitting authority
(state or local agency) that has been delegated the authority to
enforce standards under parts 63 and 65. Under the amendments, any
permitting authority with delegation will still have the discretion to
obtain plans requested by the public, but will not be required to do
so. EPA's position is that SSM plans should not be viewed as compliance
plans under section 502(b)(8) or 503(c) of the Clean Air Act or under
EPA's Title V regulations at 40 CFR 70.5(c)(8). This is the most
reasonable interpretation of those statutory and regulatory provisions
and is consistent with EPA's position on implementation issues
associated with SSM plan requirements discussed in more detail in the
response to comment section below.\1\
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\1\ In the preamble to the proposal, we suggested that EPA does
not have the authority to treat SSM plans as compliance plans or to
require permitting authorities to make such plans available to the
public. (70 FR 43994-95; July 29, 2005). Upon further consideration,
we believe that the term ``compliance plan'' is somewhat ambiguous.
However, for the reasons set forth below and in the response to
comment section, we believe that an interpretation that SSM plans
are not compliance plans is reasonable and appropriate.
---------------------------------------------------------------------------
The definition of ``compliance schedule'' in section 501(3) of the
CAA equates ``schedule of compliance'' to ``schedule of remedial
measures.'' Nothing in this definition or in any other provision of the
CAA suggests that SSM plans must be considered ``compliance plans.'' In
fact, the definition of compliance schedule suggests that the primary
purpose of ``compliance schedules'' and ``compliance plans'' is to set
out measures to be taken to remedy noncompliance. EPA's title V
regulations at 40 CFR 70.5(c)(8), which describe what is to be included
in a compliance plan, further support the reasonableness of EPA's view
that SSM plans should not be considered compliance plans. Those
regulations provide that a compliance plan must include a description
of the compliance status of the source, a statement that the source
will continue to comply with applicable requirements and, if the source
is not in compliance with an applicable requirement, a narrative
describing how compliance will be achieved. SSM plans serve a purpose
different from that of compliance plans (see discussion below) and do
not include the components described above that are required in
compliance plans. Thus, EPA's position that SSM plans are not
compliance plans is reasonable.
Plans available to the public will have confidential business
information removed. Startup, shutdown, and malfunction plans are
similar to the risk management plans prepared under section 112(r) to
prevent accidental releases of HAP and may likely contain information
that is protected as CBI or that may be sensitive from a security
standpoint. For these reasons, many facilities are reluctant to provide
the details of their plans and permitting authorities are reluctant to
request them except when necessary. While these plans may be redacted
prior to public release to remove CBI, this imposes additional burden
on both the facilities and the permitting agencies. Thus we believe the
limitation we are imposing in the final rule strikes a reasonable
balance between the public's right to know, protection against acts of
terrorism, and protection of a facility's CBI.
The amendments also make clarifying edits that reporting and
recordkeeping is only required when a startup or shutdown causes the
applicable emission standards to be exceeded, and for any occurrence of
malfunction which also includes potential exceedances \2\ and that such
recordkeeping and reporting shall include information on actions taken
during such periods of SSM to minimize emissions in conformance with
Sec. 63.6(e)(1)(i). When such actions are consistent with the plan the
report can include a checklist, as is currently allowed for
recordkeeping. Reports would allow a member of the public to review the
actions taken and whether or not they conform to the general duty to
minimize emissions. We are also revising the definitions for
malfunction
[[Page 20448]]
throughout parts 63 and 65 in various subparts for consistency with the
previously revised definition in the General Provisions.
---------------------------------------------------------------------------
\2\ A malfunction is defined as any sudden, infrequent, and not
reasonably preventable failure of air pollution control and
monitoring equipment, process equipment, or a process to operate in
a normal or usual manner which causes, or has the potential to
cause, the emission limitations in an applicable standard to be
exceeded.
---------------------------------------------------------------------------
III. Responses to Comments
General
Comment: One commenter thought EPA should not have considered
petitions from parties who did not participate in previous rulemakings,
and that EPA should have denied NRDC's petition for reconsideration.
Response: The EPA granted reconsideration on a narrow issue and has
properly followed Section 307(d) of the CAA.
Enforcement
Comment: Several commenters were concerned that the amendments
would render the SSM provisions essentially unenforceable. They felt
that removal of the requirement to follow the plan would allow owners
or operators to do anything they want during SSM periods with no
accountability and will lead to increases in emissions if the plan is
not followed. More specifically, Sierra Club asserts that section 304
of the CAA guarantees a citizen's right to enforce CAA requirements and
that section 504(a) of the CAA requires that title V permits contain
enforceable limits and standards and conditions necessary to assure
compliance. Sierra Club alleges that if the requirement that a source
implement its SSM plan is eliminated, there would be no means by which
to measure a source's compliance with the general duty to minimize
emissions. Sierra Club further argues that without the ability to
measure a source's actions during an SSM event against that source's
SSM plans, the public can't enforce the general duty requirement.
Sierra Club also asserts that proving a violation of the general
duty standard would be virtually impossible given the vagueness of the
standard. Sierra Club argues that EPA's proposed scheme renders the
MACT standard unenforceable because if the SSM plan is not incorporated
into the title V permit as a requirement, there will be no information
in the title V permit indicating when the limit applies. Sierra Club
believes that EPA's seeks to create a system in which adherence to plan
can be used as a defense, but failure to follow a plan is not a
violation.
Comments submitted by Tulane Environmental Law Clinic on behalf of
St. Benard Citizens for Environmental Quality and Louisiana Bucket
Brigade argue that the requirement to develop an SSM plan is (even
under EPA's proposal) an applicable requirement and that the only way
to assure compliance with this applicable requirement is to require
that it be submitted to the regulatory agency and be available to the
public.
Response: As summarized in the previous section, we do not believe
the amendments will change anything with respect to how owners and
operators will react during periods of SSM except that they will have
the flexibility to depart from a SSM plan when doing so makes sense
under the circumstances. They are still required to develop SSM plans,
minimize emissions during periods of SSM, and keep records and report
SSM events if there is an exceedance (or could have been, in the case
of malfunctions) of an applicable MACT standard. We expect owners and
operators to continue to follow the SSM plans with respect to most SSM
events because those plans should generally set forth the best way to
minimize emissions. Those who fail to follow their plan will undergo
additional scrutiny, as they do now, to determine if emissions were
minimized during SSM periods. The amendments should have no practical
effects on a source's obligation to minimize emissions during periods
of SSM.
EPA's intention is that the recordkeeping and reporting
requirements will provide the permitting authority and the public with
information to determine whether the general duty to minimize emissions
has been satisfied any time there is an exceedance (or could have been,
in the case of malfunctions). We have evaluated the recordkeeping and
reporting requirements in light of comments on the availability of
information necessary to evaluate compliance with the general duty
requirement and have decided to amend the recordkeeping and reporting
requirements to clarify that a source must keep records of and report
actions taken during an SSM event any time there is an exceedance.
Revisions to Sec. 63.10(d)(5)(i) and (ii) require that a description
of actions taken to minimize emissions be included in SSM reports
whether or not the SSM plan was followed. In the case where the plan is
followed, a checklist may suffice, and in the case of multiple events,
only one checklist is necessary (e.g., multiple startups of batch
processes where the procedure to minimize emissions is always the
same). With respect to recordkeeping, the rules currently require
sources to keep a record of actions taken during SSM events (40 CFR
63.10(b)(2)(iv) and (v)). Where actions were consistent with an SSM
plan, the rules require records of ``all information necessary to
demonstrate conformance'' with the plan and provide that such
information can be recorded in the form of a checklist. (Sec.
63.10(b)(2)(v)) We are amending these rules today to clarify that such
records or checklist must include all actions taken during the SSM
event to minimize emissions. We are also making conforming changes to
40 CFR 63.6(e)(3)(iii).
With these clarifications, any time there is an exceedance of an
emission limit (or could have been in the case of malfunctions) and
thus a possibility that the general duty requirement was violated,
there will be a report filed that will describe what actions were taken
to minimize emissions that will be available to the public.
Any member of the public could use the information in these reports
to evaluate whether adequate steps were taken to meet the general duty
requirement. This information is likely to be of as much if not more
use in determining compliance with the general duty requirement than a
facility's general SSM plan because the information will be specific to
the particular SSM event that caused the exceedance. We note that the
public can also request that the permitting authority obtain the SSM
plan if information in the SSM report suggests that the contents of the
SSM plan would help determine if there was a violation of the general
duty requirement. However, even if the permitting authority is not
willing to obtain the SSM plan, the required reports should provide
adequate information to determine whether there is a violation of the
general duty requirement and thus a basis for a citizen suit. In any
such citizen suit, plaintiffs can seek to obtain the SSM plan through
discovery.
The general duty to minimize emissions is not too vague to be
enforced as suggested by Sierra Club. Though the general duty to
minimize emissions may not provide absolute certainty in all cases,
there will be many circumstances in which compliance or non-compliance
will be clear. A regulation that does not reach constitutionally
protected conduct is not facially vague unless it is impermissibly
vague in all its applications. (Village of Hoffman Estates v. Flipside,
Hoffman Estates, Inc., 455 U.S. 489, 496(1982); Sweet Home Chapter of
Communities for a Greater Oregon v. Babbit, 1.F.3d. 1, 4 (D.C. Cir.
1994).
Further, it is not impossible to know when the MACT applies without
knowing how the facility defines startup, shutdown and malfunction in
[[Page 20449]]
its SSM plan. EPA regulations define the terms startup shutdown and
malfunction and it is these definitions that apply when determining
whether a facility is legitimately claiming to be experiencing a period
of SSM.
With respect to the argument that the only way to assure compliance
with the duty to develop a plan is to require that it be submitted to
permitting authority and be available to the public, assuring
compliance does not require that the Agency observe compliance first
hand. It is perfectly appropriate for the Agency to rely on
certifications (title V regulations require sources to certify
compliance with all applicable requirements (40 CFR 70.5(c)(9))) or on
inspection, record keeping and reporting authorities of section 114 of
the CAA to decide on a case by case basis when to inspect or request
copies of documents
Comment: Two commenters said that emissions during SSM events
should be required to comply with the NESHAP standard. One commenter
said EPA had failed to support a general assumption that sources cannot
meet emission limitations during periods of SSM or that setting
emission limitations during these periods is not feasible.
Response: These commenters raise issues that are outside of the
scope of this rulemaking. The general duty provision has been in place
since 1994. Moreover, comments concerning whether a particular source
type can meet a particular emission standard during periods of startup,
shutdown or malfunction could be raised when the emissions standards
for that source are developed. As one commenter noted, ``EPA can, and
in some instances has, included requirements for compliance during SSM
in source-specific NESHAP standards.''
Though these comments raise issues that are outside the scope of
this rulemaking, we note that in the May 8, 2004 Federal Register
notice EPA stated ``EPA believes that it has discretion to make
reasonable distinctions concerning those particular activities to which
the emission limitations in a MACT standard apply'' (68 FR 32586,
32590; May 30, 2003). We also note that the EPA SIP guidance cited by
one commenter is not relevant to the scope of EPA's authority to
consider periods of SSM in promulgating NESHAP standards.
Comment: Several commenters stated that the sources should be
required to provide the permitting authorities with copies of SSM plans
even absent a request because the permitting authorities need to review
SSM plans before problems arise. These commenters also felt that
greater public access to the plans is beneficial because such scrutiny
can help ensure that the plans are adequate and the general duty to
minimize emissions can be met.
Response: We do not believe that it is necessary to have each owner
or operator automatically submit its SSM plan. Our regulations make it
clear that all a permitting authority has to do is request the SSM plan
and the owner or operator is required to provide it. While the
authority to request the plan is derived from section 114, there is no
special order or document that needs to be issued to obtain the SSM
plan. Thus, the permitting authority may review any plan and may also
make it available to the public. We do not believe prior review and
approval of plans are necessary; rather, in most cases, review of
reports required to be submitted by a facility when emission
limitations are exceeded (or could have been in the case of
malfunctions) will allow the permitting authority and the public to
determine whether emissions were minimized during periods of SSM.
However, if it so chooses, a permitting authority is free to request
SSM plans and review them prior to any SSM events occurring. Typically,
permitting authorities will more often review and assess SSM plan of
sources with numerous and frequent periods of SSM. It may not be
necessary to review plans of sources with few or infrequent SSM events,
allowing the permitting authority to direct its resources to more
productive endeavors. The permitting authority has the discretion to
review as many plans as it wants in order to ensure, that emissions are
minimized during periods of SSM.
Comment: Several commenters thought it made no sense to require
that plans be developed but not require them to be followed.
Response: We disagree. Development of SSM plans help sources to
think through and document actions to take during SSM events. Plans
will help sources more expeditiously address SSM events to minimize
emissions during those periods. Once the plans are developed, sources
will have every incentive to follow the plans if appropriate, or face
additional scrutiny if the plans are not followed. In any event,
sources are required to minimize emissions regardless of whether the
plans are followed. By not requiring strict adherence to the SSM plan,
we are allowing the source additional flexibility as to how it will
minimize emissions. Plans also may help permitting authorities
streamline determinations of whether emissions are minimized. If it is
established that emissions are minimized by following the plan during a
particular SSM event, making that determination when a subsequent
similar SSM event occurs should be much less burdensome assuming the
plan has not been revised.
Comment: Several commenters felt that if an SSM plan is developed
in good faith and is not ``obviously deficient,'' it should be
considered a ``safe harbor.'' Others felt that following the plan
should not be a safe harbor.
Response: We believe that following the SSM plan should not be a
safe harbor. Where the SSM plan is out of date or deficient or the
circumstances clearly called for other steps to minimize emissions,
blind adherence to the plan should not be sufficient. We leave to the
discretion of the permitting authority the question of how much weight
to give the SSM plan in a particular situation. However, assuming that
the plan was made in good faith and not deficient, we believe that in
most cases following the SSM plan should help establish that the source
was minimizing emissions.
Comment: Several commenters thought there should be a requirement
that sources periodically review and update their SSM plans. Two
commenters stated that because implementation of SSM plans will no
longer be required, sources will be less likely to periodically review
and update SSM plans.
Response: Our regulations already require sources to keep their SSM
plans current, i.e., up to date, and to review and change the plans to
ensure that emissions are minimized. ``The owner or operator must
maintain at the affected source a current startup, shutdown, and
malfunction plan and must make the plan available upon request for
inspection and copying by the Administrator'' (Sec. 63.6(e)(3)(v)).
Plans are required to address potential expected SSMs to minimize
emissions. Plans should be updated whenever changes are necessary to
address new or different types of SSM events as provided for in
paragraphs 63.6(e)(3)(vii) and (viii). Moreover, the Administrator (or
delegated authority) has the ability under Sec. 63.6(e)(3)(vii) to
require that SSM plans be revised if they are deficient or not current.
Applicable Requirements
Comment: Numerous commenters agreed with the EPA's position at
proposal that the SSM plan details themselves are not the applicable
requirements under the Act, but the general duty clause (Sec.
63.6(e)(1)) is. They further agreed that the plan
[[Page 20450]]
elements should not be incorporated into the title V permits.
One commenter believed that the SSM plan elements should be
applicable requirements. Another commenter thought that the requirement
to follow the plan should be an applicable requirement in the title V
permit but the individual elements of the SSM plan should not be
considered incorporated into the permit.
Response: As explained in our proposal (70 FR 43992; July 29,
2005), we believe that the general duty to minimize emissions is the
applicable requirement, not the SSM plan itself. However, we note that
the SSM plan is a useful tool for sources to demonstrate--and for
permitting authorities to confirm--that the general duty to minimize
emissions is met. We do not agree that requiring implementation of the
SSM plan is necessary to assure compliance with general duty
requirement. The SSM plan is a useful tool that may help the permitting
authority determine compliance depending on the circumstances, but it
is not ``necessary.'' As explained above, compliance with the general
duty requirement can be achieved through different means such as
examining SSM reports to determine whether general duty has been
satisfied. The case law cited by Sierra Club is not on point. Both
Waterkeeper Alliance, Inc. v EPA, 399 F.3d. 486 (2nd Cir. 2005) and
Environmental Defense Center, Inc. v. EPA, 344 F.2d. 832 (9th Cir.2003)
involved EPA regulatory schemes under which plans developed by the
regulated entity, which were not reviewed or approved by the regulatory
agency (nutrient development plans and stormwater management plans
under the Clean Water Act, respectively), served to establish binding
requirements, compliance with which would automatically satisfy an
underlying statutory or regulatory requirement. SSM plans are not
binding requirements and, as explained above, adherence with an SSM
plan does not necessarily establish compliance with the general duty
requirement.
Comment: One commenter wanted clarification on the relationship of
the SSM plan requirements to title V, specifically what language should
be included in the permit regarding the requirement to develop a plan.
The commenter notes that Sec. 63.6(e)(3)(ix) explicitly refers to a
title V requirement whereas other provisions do not; the comment
suggests an edit to the paragraph that would clarify the provision.
Response: The intent of Sec. 63.6(e)(3)(ix) was to ensure that the
only requirement with respect to the title V permit was that an SSM
plan be developed, that the elements of the plan are not to be
incorporated into the permit, and that changes to the plan would not
trigger a permit modification. The commenter's suggested edits are
helpful and have been incorporated into the paragraph.
Conforming Changes to Other Subparts
Comment: Several commenters supported the conforming changes to the
other subparts with respect to the requirement to follow the plan. One
commenter stated that EPA failed to explain its reason for changing
specific part 63 subparts and how the changes would affect the specific
source categories.
Response: Although there was no explicit statement explaining why
the other subparts were being amended, these changes were made merely
to conform to the changes being made in the General Provisions. Many of
the part 63 subparts repeated requirements in the General Provisions
about following the SSM plan and had to be revised to be consistent
with the changes to the General Provisions. Because the changes in the
individual subparts are necessary for conformance with the General
Provisions, we felt that no explanation was required.
Impacts
Comment: One commenter stated that EPA failed to comply with
Executive Order 12898 on Environmental Justice. The commenter asserts
that the amendments will adversely affect minority and low income
communities around the sources.
Response: Executive Order 12898 establishes a Federal policy for
incorporating environmental justice into Federal agency actions by
directing agencies to identify and address, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies and activities on minority and low-
income populations. The EPA has considered the impact of the proposal
on minority and low income populations. We do not believe that these
amendments will have any adverse effects on emissions during periods of
SSM. Therefore, there should not be any adverse impact on minority and
low income populations as a result of these amendments. The amendments
do not affect the underlying requirement to minimize emissions during
SSM events. Owners or operators are still required to develop SSM plans
to address emissions during these periods. They are required to report
immediately when the plans are not followed and semiannually when the
plans are followed and emission limitations are exceeded (or could have
been in the case of malfunctions) and describe steps taken to minimize
emissions. The only difference from current regulations is that the
source is not required to follow the plan, especially when the
situation may call for other action or when safety considerations
override following the plan as written.
Comment: One commenter stated that EPA failed to comply with
Executive Order 13045 on Protection of Children for Environmental
Health and Safety Risk. The commenter disagrees with EPA's position
that the Executive Order only applies to regulations that are based on
health or safety risks.
Response: Executive Order 13045 does not apply to this proposal
because, as is explained above, it does not change any emission
standard, it is not economically significant and because it is not
based on health and safety risks.
SSM Plan Availability
Comment: There were numerous comments on SSM plan availability to
permitting authorities and the public. Some governmental commenters
stated that it is difficult to obtain SSM plans using section 114 of
the Act, and that permitting authorities should not be required to
obtain the information through a request made under section 114 of the
Act. One commenter stated that part 63 does not clearly state that
permitting authorities can request and receive copies of the plans and
that the provisions should be amended to make this clear and to require
that the plan be provided within 30 days. The commenter stated that
state laws allowing access to information vary from state to state and
are sometimes vague. Several industry commenters stated that SSM plans
should be available only through CAA section 114 requests.
Response: The existing part 63 regulations already require a source
to (1) allow the permitting authority to inspect the SSM plan at the
premises or (2) ``promptly'' submit the plan to the permitting
authority if the permitting authority makes a written request for it.
The regulations state that the ``Administrator may at any time request
in writing that the owner or operator submit a copy of any startup,
shutdown, and malfunction plan (or portion thereof) * * * [and] the
owner or operator must promptly submit a copy of the requested plan (or
a portion thereof) to the Administrator'' (Sec. 63.6(d)(3)(v)). The
authority for this provision is section 114(a) of the Act.
[[Page 20451]]
However, there is no special procedure or order required; the
Administrator or the permitting authority need only request the SSM
plan in writing. The Administrator or permitting authority may also
inspect and copy the SSM plan at the premises: ``The owner or operator
must maintain at the affected source a current startup, shutdown, and
malfunction plan and must make the plan available upon request for
inspection and copying by the Administrator'' (Sec. 63.6(e)(3)(v)).
The authority for this inspection provision is also section 114(a).
Under section 114(b), states may develop and submit to the
Administrator a procedure for carrying out section 114 in the state,
and the Administrator may delegate his/her authority to the state. All
permitting authorities that have obtained delegation of part 63
standards have already demonstrated that they have state authority
equivalent to section 114 to monitor, to inspect, and to obtain
records, including SSM plans. Accordingly, permitting authorities
should have no difficulty in obtaining plans. The underlying authority
for the part 63 provisions allowing permitting authorities to inspect
or obtain copies of SSM plans is based on section 114(a) or its state
equivalent. Because all SSM plans are obtained under section 114(a) or
its state equivalent, any plans so obtained must be available to the
public under section 114(c) of the Act, which provides that any records
obtained under section 114(a) ``shall be available to the public,''
with the exception of portions considered confidential.
Comment: Several commenters agreed that permitting authorities
should not be required to obtain SSM plans whenever a member of the
public requests one. Other commenters disagreed and believed that any
member of the public should be able to request an SSM plan. Several
commenters thought the public should be able to review the plans to
determine if emissions are minimized and argued that denying public
access makes general duty unenforceable.
Response: As discussed above, we do not believe that the details of
SSM plans are compliance plans or are required to be available under
title V. As discussed above, recordkeeping and reporting requirements
will provide regulators and the public with adequate information
concerning actions taken during periods of SSM. Permitting authorities
can obtain and review plans as necessary, and all plans that are
obtained will be available to the public subject to limitation on
availability of CBI.
Comment: Several commenters believed the proposal effectively cut
off public access to plans.
Response: We disagree. Public access to SSM plans is still
available, in the case where the permitting authority has obtained a
plan. We believe that most permitting authorities will request a plan
from a source when presented with a reasonable request for the plan.
There is no federal requirement to do so, however, and unless otherwise
specified under state statute or regulations, state and local
authorities have the discretion to obtain the plan upon public request.
Comment: Several commenters argued that companies will not be
responsive to requests for SSM plans from the public.
Response: We recognize that some companies might choose not to
respond to requests from the public. However, we hope and expect that
other companies would indeed respond to public requests. Moreover, as
explained above, the public may ask the permitting authority to obtain
the SSM plan. Where the public has made a reasonable request, we
believe that the permitting authority would likely be responsive and
obtain the plan from the source. Because the authority to obtain such
plan is based on section 114 of the Act or its state equivalent, any
plan obtained by the permitting authority will be available to the
public.
Comment: Another commenter noted that the difficulty of
``untangling'' SSM plans from facility operating procedures and CBI are
not good reasons for restricting public access.
Response: As stated earlier, all SSM plans obtained by the
permitting authority are publicly accessible. We are sensitive to the
effort involved by some sources to create a standalone SSM plan for
submittal, but do not believe requiring all plans to be submitted
automatically for review is justified. However, permitting authorities
will obtain SSM plans as necessary, regardless of the burden imposed on
the source to develop a standalone document.
Comment: The same commenter maintained that the paperwork burden on
permitting authorities also should not be a reason for not requiring
submittal of SSM plans.
Response: Permitting authorities may obtain any SSM plan that it
wants. Thousands of sources are required to prepare SSM plans, and we
believe the permitting authority should have the discretion to obtain
those it feels are appropriate. For the reasons discussed above, we do
not think it is necessary to impose a requirement that all plans be
automatically submitted to the permitting authority, especially if this
results in the permitting authority reallocating resources from
enforcement and implementation to handling paper. We think it is best
for the individual permitting authority to make that decision. If they
so choose, they can routinely ask all sources to submit SSM plans.
Confidential Business Information (CBI)
Comment: Two commenters noted that plans can be sanitized of their
CBI-sensitive information prior to submittal to the permitting
authority, but other commenters insisted that SSM plans not be released
because of sensitive information. One commenter additionally noted that
SSM plans may contain security-sensitive information and provide a
roadmap to terrorists seeking to disrupt a facility.
Response: Plans may be submitted with CBI identified; such
submittals will be treated in accordance with requirements applicable
to claims of CBI. We also agree that plans can be ``cleansed'' of CBI
and other sensitive information and submitted. The public will have
access to any non-CBI submittal and non-CBI portions of plans with CBI
identified. This is what happens now.
Comment: Some commenters stated that limiting public access to
plans and removing the requirement to implement the SSM plan makes it
difficult for the public to determine when an emission exceedance
constitutes a violation of a MACT standard. These commenters also
stated that reducing public access to SSM plans hinders citizen
enforcement efforts.
Response: These amendments do not change the ability of the public
to determine when an emissions exceedance constitutes a violation of a
MACT standard and shouldn't make enforcement of the general duty
requirement more difficult. Plans previously available are still
available for public review. Permitting authorities may obtain any SSM
plan from any source and allow the public to examine it. Sources must
report what procedures and actions it did take during periods of SSM if
there was an exceedance of an emission limit (or could have been in the
case of malfunctions). Such reports are also available to the public.
As explained above, this information can be used by the public and the
permitting authority to support enforcement efforts.
Reporting
Comment: One commenter stated that without a requirement to
implement SSM plans, the regulation should require reporting of all SSM
events so that the general duty can be evaluated
[[Page 20452]]
for each event. Another commenter added that only those SSM events that
exceeded the emission standards be reported.
Response: We agree that all SSM events that exceed (or could have
exceeded, in the case of malfunctions) the emission limitations be
reported. We also agree that as long as the emission limitations are
being met, SSM events need not be reported (except those malfunctions
that could have exceeded the emission limitations), i.e., as long as
the relevant standards are being met, there is no benefit to a
reporting requirement in terms of assuring compliance with the general
duty standard. We have made clarifying edits in the regulatory
language.
Comment: One commenter did not think that facilities should have to
report whether or not they followed their SSM plan. Another commenter
did not think sources should have to report immediately if the SSM plan
was not followed.
Response: We disagree. Information on whether or not an SSM plan
was followed gives the permitting authority and the public information
that can help them determine if further scrutiny of a source is in
order. If the permitting authority has reviewed a source's SSM plan and
determined that it is adequate, information that the source followed
that plan during an SSM event could be helpful to the regulator in
determining whether to investigate the event. Not following the plan
may or may not indicate a problem, but such information would be very
helpful to the permitting authority and the public in order to
determine if additional scrutiny or investigation of the event is
necessary. Immediate reporting if the plan was not followed is
appropriate to alert the permitting authority and the public of a
potential problem.
Comment: One commenter questioned why SSM events still have to be
reported as deviations if emission limitations do not apply.
Response: The general duty to minimize emissions is the applicable
requirement during SSM events. In order to effectively enforce this
requirement, it is important to have information about SSM events that
involve exceedances (or potential exceedances in the case of
malfunctions) in order to determine whether further scrutiny is
appropriate. Deviations do not necessarily equate to violations.
Recordkeeping
Comment: Numerous commenters agreed with the elimination of certain
recordkeeping requirements for startups and shutdowns when relevant
emission standards are not exceeded. One commenter was not clear on how
burden had been relieved; the commenter cites Sec. 63.6(e)(3)(iii) and
asked what documentation was necessary.
Response: The amendments and the clarifications we are promulgating
today relieve the recordkeeping burden for startups and shutdowns that
do not result in a exceedance of an emissions limitation.
Regulatory Language
Comment: Several commenters pointed out that some subparts have
their own SSM provisions and do not cite subpart A as the applicable
requirements. The proposal should have not referenced subpart A but
instead continued to reference the applicable provisions within their
subparts.
Response: We agree with the commenters and have made the suggested
edits.
Comment: Several commenters noted that the reference to Sec.
63.6(e) instead of the requirement to follow the SSM plan was overly
broad, and in fact should have referred more narrowly to the general
duty to minimize emissions since that is the applicable requirement.
Response: We agree with the commenters and have made the suggested
edit to refer to Sec. 63.6(e)(1).
Comment: One commenter suggested clarifying changes to ensure
reporting and recordkeeping for startups and shutdowns is required only
when the applicable emission limitation is exceeded.
Response: We agree and have made the suggested edits. As explained
above, as long as the standards are being attained there is no need to
report.
Comment: Several commenters recommended revising the definition for
``malfunction'' in other subparts where it occurs to be consistent with
the definition in subpart A. One commenter also suggested revising the
general duty provision where it occurs in other subparts to be
consistent with subpart A.
Response: We agree this is appropriate for consistency and have
revised the definitions and provisions accordingly.
Comment: A couple of commenters recommended incorporating paragraph
Sec. 63.6(e)(3)(ix) into the General Provisions applicability table in
all of the applicable subparts.
Response: We agree that Sec. 63.6(e)(3)(ix) should apply to all
the applicable part 63 subparts. We have revised all of the applicable
General Provisions applicability tables accordingly.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether this regulatory action is ``significant,'' and,
therefore, subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. The EPA has submitted this action
to OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
B. Paperwork Reduction Act
As required by the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., the OMB must clear any reporting and recordkeeping requirements
that qualify as an information collection request (ICR) under the PRA.
Approval of an ICR is not required in connection with these final
amendments. This is because the General Provisions do not themselves
require any reporting and recordkeeping activities, and no ICR was
submitted in connection with their original promulgation or their
subsequent amendment. Any recordkeeping and reporting requirements are
imposed only through the incorporation of specific elements of the
General Provisions in the individual MACT standards which are
promulgated for
[[Page 20453]]
particular source categories which have their own ICRs. In any case, we
believe that adoption of the amendments will not materially alter the
burden imposed on affected sources through the incorporation of the
General Provisions in individual MACT standards. We anticipate that any
incremental changes in the recordkeeping and reporting burden estimate
for individual MACT standards will be addressed in the context of the
periodic renewal process required by the PRA.
However, OMB has previously approved the information collection
requirements contained in the existing regulations of 40 CFR parts 63
and 65 under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501, et seq. A copy of the OMB approved Information Collection Request
(ICR) for any of the existing regulations may be obtained from Susan
Auby, Collection Strategies Division; U.S. EPA (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460, or by calling (202) 566-
1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule.
For purposes of assessing the impacts of the final rule amendments
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201 for each applicable subpart; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and that is not dominant in its field.
After considering the economic impacts of today's final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. In determining whether a rule has significant economic impact
on a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analysis is to identify
and address regulatory alternatives which minimize any significant
economic impact on a substantial number of small entities (5 U.S.C.
603-604). Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
Small entities that are subject to MACT standards would not be
required to take any action under the final rule amendments; the
amendments simply remove the requirement that sources must follow their
SSM plan. However, we do not expect sources will address periods of SSM
any differently than they do now.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating a rule for which a written statement is
needed, section 205 of the UMRA generally requires us to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows the EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that the final rule amendments do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, or tribal governments, in the
aggregate, or to the private sector in any 1 year. Thus, today's final
rule amendments are not subject to sections 202 and 205 of the UMRA.
The EPA has also determined that the final rule amendments contain no
regulatory requirements that might significantly or uniquely affect
small governments. Thus, today's final rule amendments are not subject
to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
The final rule amendments do not have federalism implications and
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. None of the affected
facilities are owned or operated by State governments. Thus, Executive
Order 13132 does not apply to the final rule amendments.
[[Page 20454]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The final rule amendments do not have
tribal implications, as specified in Executive Order 13175. They will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to the final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule amendments
are not subject to Executive Order 13045 because they are not
``economically significant'' and are based on technology performance
and not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The final rule amendments are not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because they
do not have an economically significant adverse effect on the supply,
distribution, or use of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995, Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, business practices) that are developed or adopted by VCS
bodies. The NTTAA directs EPA to provide Congress, through the OMB,
explanations when the Agency decides not to use available and
applicable VCS.
The final rule amendments do not involve technical standards.
Therefore, EPA did not consider the use of any VCS.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
the final rule and other required information to the United States
Senate, the United States House of Representatives, and the Comptroller
General of the United States prior to publication of the final rule in
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. The final rule
amendments are not a ``major rule'' as defined by 5 U.S.C. 804(2). The
final rule amendments are effective on April 20, 2006.
List of Subjects in 40 CFR Parts 63 and 65
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: March 31, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons cited in the preamble, title 40, chapter I, parts 63
and 65 of the Code of Federal Regulations are amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
0
2. Section 63.6 is amended by:
0
a. Revising the first sentence in paragraph (e)(1)(ii);
0
b. Removing the first sentence in paragraph (e)(3)(i) introductory text
and adding two new sentences in its place;
0
c. Removing and reserving paragraph (e)(3)(ii);
0
d. Revising the first through third sentences in paragraph (e)(3)(iii);
0
e. Removing the sixth sentence in paragraph (e)(3)(v); and
0
f. Revising the first and second sentences in paragraph (e)(3)(ix) to
read as follows:
Sec. 63.6 Compliance with standards and maintenance requirements.
* * * * *
(e) * * *
(1) * * *
(ii) Malfunctions must be corrected as soon as practicable after
their occurrence. * * *
* * * * *
(3) * * *
(i) The owner or operator of an affected source must develop a
written startup, shutdown, and malfunction plan that describes, in
detail, procedures for operating and maintaining the source during
periods of startup, shutdown, and malfunction; and a program of
corrective action for malfunctioning process, air pollution control,
and monitoring equipment used to comply with the relevant standard. The
startup, shutdown, and malfunction plan does not need to address any
scenario that would not cause the source to exceed an applicable
emission limitation in the relevant standard. * * *
* * * * *
(ii) [Reserved]
(iii) When actions taken by the owner or operator during a startup
or shutdown (and the startup or shutdown causes the source to exceed
any applicable emission limitation in the relevant emission standards),
or malfunction (including actions taken to correct a malfunction) are
consistent with the procedures specified in the affected source's
startup, shutdown, and malfunction plan, the owner or operator must
keep records for that event which demonstrate that the procedures
specified in the plan were followed. These records may take the form of
a ``checklist,'' or other effective form of recordkeeping that confirms
conformance with the startup, shutdown, and malfunction plan and
describes the actions taken for that
[[Page 20455]]
event. In addition, the owner or operator must keep records of these
events as specified in paragraph 63.10(b), including records of the
occurrence and duration of each startup or shutdown (if the startup or
shutdown causes the source to exceed any applicable emission limitation
in the relevant emission standards), or malfunction of operation and
each malfunction of the air pollution control and monitoring equipment.
* * *
* * * * *
(ix) The title V permit for an affected source must require that
the owner or operator develop a startup, shutdown, and malfunction plan
which conforms to the provisions of this part, but may do so by citing
to the relevant subpart or subparagraphs of paragraph (e) of this
section. However, any revisions made to the startup, shutdown, and
malfunction plan in accordance with the procedures established by this
part shall not be deemed to constitute permit revisions under part 70
or part 71 of this chapter and the elements of the startup, shutdown,
and malfunction plan shall not be considered an applicable requirement
as defined in Sec. 70.2 and Sec. 71.2 of this chapter. * * *
* * * * *
0
3. Section 63.8 is amended by revising paragraph (c)(1)(iii) to read as
follows:
Sec. 63.8 Monitoring requirements.
* * * * *
(c) * * *
(1) * * *
(iii) The owner or operator of an affected source must develop a
written startup, shutdown, and malfunction plan for CMS as specified in
Sec. 63.6(e)(3).
* * * * *
0
4. Section 63.10 is amended by:
0
a. Revising paragraphs (b)(2)(i), (ii), and (iv), and the first
sentence in paragraph (b)(2)(v); and
0
b. Revising the first four sentences in paragraph (d)(5)(i) and the
first and second sentences in (d)(5)(ii) to read as follows:
Sec. 63.10 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(2) * * *
(i) The occurrence and duration of each startup or shutdown when
the startup or shutdown causes the source to exceed any applicable
emission limitation in the relevant emission standards;
(ii) The occurrence and duration of each malfunction of operation
(i.e., process equipment) or the required air pollution control and
monitoring equipment;
* * * * *
(iv)(A) Actions taken during periods of startup or shutdown when
the source exceeded applicable emission limitations in a relevant
standard and when the actions taken are different from the procedures
specified in the affected source's startup, shutdown, and malfunction
plan (see Sec. 63.6(e)(3)); or
(B) Actions taken during periods of malfunction (including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation) when the actions taken are different from the procedures
specified in the affected source's startup, shutdown, and malfunction
plan (see Sec. 63.6(e)(3));
(v) All information necessary, including actions taken, to
demonstrate conformance with the affected source's startup, shutdown,
and malfunction plan (see Sec. 63.6(e)(3)) when all actions taken
during periods of startup or shutdown (and the startup or shutdown
causes the source to exceed any applicable emission limitation in the
relevant emission standards), and malfunction (including corrective
actions to restore malfunctioning process and air pollution control and
monitoring equipment to its normal or usual manner of operation) are
consistent with the procedures specified in such plan. * * *
* * * * *
(d) * * *
(5)(i) * * * If actions taken by an owner or operator during a
startup or shutdown (and the startup or shutdown causes the source to
exceed any applicable emission limitation in the relevant emission
standards), or malfunction of an affected source (including actions
taken to correct a malfunction) are consistent with the procedures
specified in the source's startup, shutdown, and malfunction plan (see
Sec. 63.6(e)(3)), the owner or operator shall state such information
in a startup, shutdown, and malfunction report. Actions taken to
minimize emissions during such startups, shutdowns, and malfunctions
shall be summarized in the report and may be done in checklist form; if
actions taken are the same for each event, only one checklist is
necessary. Such a report shall also include the number, duration, and a
brief description for each type of malfunction which occurred during
the reporting period and which caused or may have caused any applicable
emission limitation to be exceeded. Reports shall only be required if a
startup or shutdown caused the source to exceed any applicable emission
limitation in the relevant emission standards, or if a malfunction
occurred during the reporting period. * * *
(ii) * * * Notwithstanding the allowance to reduce the frequency of
reporting for periodic startup, shutdown, and malfunction reports under
paragraph (d)(5)(i) of this section, any time an action taken by an
owner or operator during a startup or shutdown that caused the source
to exceed any applicable emission limitation in the relevant emission
standards, or malfunction (including actions taken to correct a
malfunction) is not consistent with the procedures specified in the
affected source's startup, shutdown, and malfunction plan, the owner or
operator shall report the actions taken for that event within 2 working
days after commencing actions inconsistent with the plan followed by a
letter within 7 working days after the end of the event. The immediate
report required under this paragraph (d)(5)(ii) shall consist of a
telephone call (or facsimile (FAX) transmission) to the Administrator
within 2 working days after commencing actions inconsistent with the
plan, and it shall be followed by a letter, delivered or postmarked
within 7 working days after the end of the event, that contains the
name, title, and signature of the owner or operator or other
responsible official who is certifying its accuracy, explaining the
circumstances of the event, the reasons for not following the startup,
shutdown, and malfunction plan, describing all excess emissions and/or
parameter monitoring exceedances which are believed to have occurred
(or could have occurred in the case of malfunctions), and actions taken
to minimize emissions in conformance with Sec. 63.6(e)(1)(i). * * *
* * * * *
Subpart F--[Amended]
0
5. Section 63.102 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 63.102 General standards.
(a) * * *
(4) During start-ups, shutdowns, and malfunctions when the
requirements of this subpart F, subparts G and/or H of this part do not
apply pursuant to paragraphs (a)(1) through (a)(3) of this section, the
owner or operator shall implement, to the extent reasonably available,
measures to prevent or minimize excess emissions to the extent
practical. The general duty to minimize
[[Page 20456]]
emissions during a period of startup, shutdown, or malfunction does not
require the owner or operator to achieve emission levels that would be
required by the applicable standard at other times if this is not
consistent with safety and good air pollution control practices, nor
does it require the owner or operator to make any further efforts to
reduce emissions if levels required by the applicable standard have
been achieved. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures (including the
startup, shutdown, and malfunction plan required in Sec. 63.6(e)(3)),
review of operation and maintenance records, and inspection of the
source. The measures to be taken may include, but are not limited to,
air pollution control technologies, recovery technologies, work
practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the source. Back-up control devices are not
required, but may be used if available.
* * * * *
0
6. Section 63.105 is amended by revising paragraph (d) to read as
follows:
Sec. 63.105 Maintenance wastewater requirements.
* * * * *
(d) The owner or operator shall incorporate the procedures
described in paragraphs (b) and (c) of this section as part of the
startup, shutdown, and malfunction plan required under Sec.
63.6(e)(3).
* * * * *
0
7. Table 3 to Subpart F is amended by adding in numerical order a new
entry for 63.6(e)(3)(ix) to read as follows:
Table 3 to Subpart F of Part 63--General Provisions Applicability to
Subparts F, G, and H to Subpart F
------------------------------------------------------------------------
Applies to
Reference subparts F, G, and Comment
H
------------------------------------------------------------------------
* * * * * * *
63.6(e)(3)(ix).................. Yes...............
* * * * * * *
------------------------------------------------------------------------
* * * * *
Subpart G--[Amended]
0
8. Section 63.152 is amended by revising paragraphs (c)(2)(ii)(C)(1)
and (g)(2)(iv)(A) to read as follows:
Sec. 63.152 General reporting and continuous records.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(C) * * *
(1) Periods of startup, shutdown, or malfunction. During periods of
startup, shutdown, or malfunction when the source is operated during
such periods in accordance with Sec. 63.102(a)(4).
* * * * *
(g) * * *
(2) * * *
(iv) * * *
(A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion for purposes of this
paragraph (g)(2), if the owner or operator operates the source during
such periods in accordance with Sec. 63.102(a)(4).
* * * * *
Subpart L--[Amended]
0
9. Section 63.301 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.301 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *
0
10. Section 63.310 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 63.310 Requirements for startups, shutdowns, and malfunctions.
* * * * *
(b) Each owner or operator of a coke oven battery shall develop,
according to paragraph (c) of this section, a written startup,
shutdown, and malfunction plan that describes procedures for operating
the battery, including associated air pollution control equipment,
during a period of a startup, shutdown, or malfunction in a manner
consistent with good air pollution control practices for minimizing
emissions, and procedures for correcting malfunctioning process and air
pollution control equipment as quickly as practicable.
(c) Malfunctions shall be corrected as soon as practicable after
their occurrence.
* * * * *
Subpart N--[Amended]
0
11. Section 63.342 is amended by:
0
a. Revising paragraphs (f)(1)(i) and (ii); and
0
b. Revising the first sentence in paragraph (f)(3)(i) introductory text
to read as follows:
Sec. 63.342 Standards.
* * * * *
(f) * * *
(1)(i) At all times, including periods of startup, shutdown, and
malfunction, owners or operators shall operate and maintain any
affected source, including associated air pollution control devices and
monitoring equipment, in a manner consistent with good air pollution
control practices.
(ii) Malfunctions shall be corrected as soon as practicable after
their occurrence.
* * * * *
(3) Operation and maintenance plan. (i) The owner or operator of an
affected source subject to paragraph (f) of this section shall prepare
an operation and maintenance plan no later than the compliance date,
except for hard chromium electroplaters and the chromium anodizing
operations in California which have until January 25, 1998. * * *
* * * * *
Subpart U--[Amended]
Sec. 63.480 [Amended]
0
12. Section 63.480 is amended by removing the third sentence in
paragraph (j)(1).
0
13. Section 63.506 is amended by:
[[Page 20457]]
0
a. Revising the first sentence in paragraph (b)(1) introductory text;
and
0
b. Revising paragraph (h)(2)(iv)(A) to read as follows:
Sec. 63.506 General recordkeeping and reporting provisions.
* * * * *
(b) * * *
(1) * * * The owner or operator of an affected source shall develop
a written startup, shutdown, and malfunction plan as specified in Sec.
63.6(e)(3). * * *
* * * * *
(h) * * *
(2) * * *
(iv) * * *
(A) The daily average or batch cycle daily average value during any
startup, shutdown, or malfunction shall not be considered an excursion
for purposes of paragraph (h)(2) of this section, if the owner or
operator operates the source during such periods in accordance with
Sec. 63.6(e)(1).
* * * * *
0
14. Table 1 to Subpart U is amended by adding in numerical order a new
entry for 63.6(e)(3)(ix) to read as follows:
Table 1 to Subpart U of Part 63--Applicability of General Provisions to
Subpart U Affected Sources
------------------------------------------------------------------------
Applies to subpart
Reference U Explanation
------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)........... Yes...............
* * * * * * *
------------------------------------------------------------------------
* * * * *
Subpart W--[Amended]
0
15. Section 63.526 is amended by revising paragraph (c) to read as
follows:
Sec. 63.526 Monitoring requirements.
* * * * *
(c) Periods of time when monitoring measurements exceed the
parameter values do not constitute a violation if they occur during a
startup, shutdown, or malfunction, and the facility is operated in
accordance with Sec. 63.6(e)(1).
* * * * *
Subpart Y--[Amended]
0
16. Section 63.562 is amended by revising the first sentence of
paragraph (e)(2) introductory text to read as follows:
Sec. 63.562 Standards.
* * * * *
(e) * * *
(2) The owner or operator of an affected source shall develop a
written operation and maintenance plan that describes in detail a
program of corrective action for varying (i.e., exceeding baseline
parameters) air pollution control equipment and monitoring equipment,
based on monitoring requirements in Sec. 63.564, used to comply with
these emissions standards. * * *
* * * * *
Subpart AA--[Amended]
0
17. Section 63.600 is amended by revising paragraph (e) to read as
follows:
Sec. 63.600 Applicability.
* * * * *
(e) The emission limitations and operating parameter requirements
of this subpart do not apply during periods of startup, shutdown, or
malfunction, as those terms are defined in Sec. 63.2, provided that
the source is operated in accordance with Sec. 63.6(e)(1)(i).
Subpart BB--[Amended]
0
18. Section 63.620 is amended by revising paragraph (e) to read as
follows:
Sec. 63.620 Applicability.
* * * * *
(e) The emission limitations and operating parameter requirements
of this subpart do not apply during periods of startup, shutdown, or
malfunction, as those terms are defined in Sec. 63.2, provided that
the source is operated in accordance with Sec. 63.6(e)(1)(i).
Subpart DD--[Amended]
0
19. Section 63.695 is amended by revising paragraph (e)(6)(i)(A) to
read as follows:
Sec. 63.695 Inspection and monitoring requirements.
* * * * *
(e) * * *
(6) * * *
(i) * * *
(A) During a period of startup, shutdown, or malfunction when the
affected facility is operated during such period in accordance with
Sec. 63.6(e)(1); or
* * * * *
Subpart GG--[Amended]
0
20. Section 63.743 is amended by revising the first sentence in
paragraph (b) introductory text as follows:
Sec. 63.743 Standards: General.
* * * * *
(b) * * * Each owner or operator that uses an air pollution control
device or equipment to control HAP emissions shall prepare a startup,
shutdown, and malfunction plan in accordance with Sec. 63.6. * * *
* * * * *
Subpart HH--[Amended]
0
21. Section 63.773 is amended by revising paragraph (d)(8)(i)(A) to
read as follows:
Sec. 63.773 Inspection and monitoring requirements.
* * * * *
(d) * * *
(8) * * *
(i) * * *
(A) During a period of startup, shutdown, or malfunction when the
affected facility is operated during such period in accordance with
Sec. 63.6(e)(1); or
* * * * *
0
22. Table 2 to Subpart HH is amended by adding in numerical order a new
entry for 63.6(e)(3)(ix) to read as follows:
Table 2 to Subpart HH of Part 63--Applicability of 40 CFR Part 63
General Provisions to Subpart HH
[[Page 20458]]
------------------------------------------------------------------------
Applies to subpart
General provisions reference HH Explanation
------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)........... Yes...............
* * * * * * *
------------------------------------------------------------------------
Subpart LL--[Amended]
0
23. Section 63.848 is amended by revising the first sentence in
paragraph (h) to read as follows:
Sec. 63.848 Emission monitoring requirements.
* * * * *
(h) * * * If a monitoring device for a primary control device
measures an operating parameter outside the limit(s) established
pursuant to Sec. 63.847(h), if visible emissions indicating abnormal
operation are observed from the exhaust stack of a control device
during a daily inspection, or if a problem is detected during the daily
inspection of a wet roof scrubber for potline secondary emission
control, the owner or operator shall initiate corrective action
procedures within 1 hour. * * *
* * * * *
0
24. Section 63.850 is amended by revising the first sentence in
paragraph (c) introductory text to read as follows:
Sec. 63.850 Notification, reporting, and recordkeeping requirements.
* * * * *
(c) * * * The owner or operator shall develop a written plan as
described in Sec. 63.6(e)(3) that contains specific procedures to be
followed for operating the source and maintaining the source during
periods of startup, shutdown, and malfunction and a program of
corrective action for malfunctioning process and control systems used
to comply with the standards. * * *
* * * * *
Subpart MM--[Amended]
0
25. Section 63.864 is amended by revising paragraphs (k)(1)
introductory text and the first sentence in paragraph (k)(2)(v) to read
as follows:
Sec. 63.864 Monitoring requirements.
* * * * *
(k) * * * (1) Following the compliance date, owners or operators of
all affected sources or process units are required to implement
corrective action if the monitoring exceedances in paragraphs (k)(1)(i)
through (vi) of this section occur:
* * * * *
(2) * * *
(v) For the hog fuel dryer at Weyerhaeuser Paper Company's
Cosmopolis, Washington facility (Emission Unit no. HD-14), when
corrective action is not initiated within 1 hour of a bag leak
detection system alarm and the alarm is engaged for more than 5 percent
of the total operating time in a 6-month block reporting period. * * *
* * * * *
0
26. Section 63.866 is amended by revising the first sentence in
paragraph (a) introductory text to read as follows:
Sec. 63.866 Recordkeeping requirements.
(a) * * * The owner or operator must develop a written plan as
described in Sec. 63.6(e)(3) that contains specific procedures for
operating the source and maintaining the source during periods of
startup, shutdown, and malfunction, and a program of corrective action
for malfunctioning process and control systems used to comply with the
standards. * * *
* * * * *
Subpart SS--[Amended]
0
27. Section 63.998 is amended by:
0
a. Revising paragraph (b)(2)(iii);
0
b. Revising paragraph (b)(6)(i)(A); and
0
c. Revising the second sentence in paragraph (b)(6)(ii) to read as
follows:
Sec. 63.998 Recordkeeping requirements.
* * * * *
(b) * * *
(2) * * *
(iii) Startups, shutdowns, and malfunctions, if the owner or
operator operates the source during such periods in accordance with
Sec. 63.1111(a) and maintains the records specified in paragraph
(d)(3) of this section.
* * * * *
(6)(i) * * *
(A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion if the owner or
operator operates the source during such periods in accordance with
Sec. 63.1111(a) and maintains the records specified in paragraph
(d)(3) of this section.
* * * * *
(ii) * * * If a source has developed a startup, shutdown and
malfunction plan, and a monitored parameter is outside its established
range or monitoring data are not collected during periods of start-up,
shutdown, or malfunction (and the source is operated during such
periods in accordance with Sec. 63.1111(a)) or during periods of
nonoperation of the process unit or portion thereof (resulting in
cessation of the emissions to which monitoring applies), then the
excursion is not a violation and, in cases where continuous monitoring
is required, the excursion does not count as the excused excursion for
determining compliance.
* * * * *
Subpart YY--[Amended]
0
28. Section 63.1101 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.1101 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *
0
29. Section 63.1108 is amended by:
0
a. Removing the second sentence in paragraph (a)(1) introductory text;
0
b. Revising paragraph (a)(6); and
0
c. Revising paragraph (b)(2)(i) to read as follows:
Sec. 63.1108 Compliance with standards and operation and maintenance
requirements.
(a) * * *
(6) Malfunctions shall be corrected as soon as practical after
their occurrence.
* * * * *
(b) * * *
(2) * * *
(i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with Sec.
63.1111(a)), or
* * * * *
0
30. Section 63.1111 is amended by revising the first and fifth
sentences in paragraph (a)(1) introductory text and revising paragraph
(a)(2) to read as follows:
[[Page 20459]]
Sec. 63.1111 Startup, shutdown, and malfunction.
(a) * * * (1) Description and purpose of plan. The owner or
operator of an affected source shall develop a written startup,
shutdown, and malfunction plan that describes, in detail, procedures
for operating and maintaining the affected source during periods of
startup, shutdown, and malfunction. * * * The requirement to develop
this plan shall be incorporated into the source's title V permit. * * *
* * * * *
(2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of an affected source subject to
this subpart YY shall operate and maintain such affected source
(including associated air pollution control equipment and CPMS) in a
manner consistent with safety and good air pollution control practices
for minimizing emissions to the extent practical. The general duty to
minimize emissions during a period of startup, shutdown, or malfunction
does not require the owner or operator to achieve emission levels that
would be required by the applicable standard at other times if this is
not consistent with safety and good air pollution control practices,
nor does it require the owner or operator to make any further efforts
to reduce emissions if levels required by the applicable standard have
been achieved. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures (including the
startup, shutdown, and malfunction plan required by this section),
review of operation and maintenance records, and inspection of the
source.
* * * * *
Subpart CCC--[Amended]
0
31. Section 63.1164 is amended by revising the last sentence in
paragraph (c) introductory text and revising paragraph (c)(1) to read
as follows:
Sec. 63.1164 Reporting requirements.
* * * * *
(c) * * * Malfunctions must be corrected as soon as practicable
after their occurrence.
(1) Plan. As required by Sec. 63.6(e)(3) of subpart A of this
part, the owner or operator shall develop a written startup, shutdown,
and malfunction plan that describes, in detail, procedures for
operating and maintaining the source during periods of startup,
shutdown, or malfunction, and a program of corrective action for
malfunctioning process and air pollution control equipment used to
comply with the relevant standards.
* * * * *
Subpart EEE--[Amended]
0
32. Section 63.1206 is amended by revising paragraphs (c)(2)(v)(A)(2)
and (c)(2)(v)(B)(4) to read as follows:
Sec. 63.1206 When and how must you comply with the standards and
operating requirements?
* * * * *
(c) * * *
(2) * * *
(v) * * *
(A) * * *
(2) Although the automatic waste feed cutoff requirements continue
to apply during a malfunction, an exceedance of an emission standard
monitored by a CEMS or COMS or operating limit specified under Sec.
63.1209 is not a violation of this subpart EEE if you operate in
accordance with Sec. 63.6(e)(1).
* * * * *
(B) * * *
(4) Although the automatic waste feed cutoff requirements of this
paragraph (c)(2)(v)(B)(4) apply during startup and shutdown, an
exceedance of an emission standard or operating limit is not a
violation of this subpart EEE if you operate in accordance with Sec.
63.6(e)(1).
* * * * *
Subpart GGG--[Amended]
0
33. Section 63.1251 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.1251 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, emissions
monitoring equipment, process equipment, or a process to operate in a
normal or usual manner which causes, or has the potential to cause, the
emission limitations in an applicable standard to be exceeded. * * *
* * * * *
0
34. Section 63.1256 is amended by revising paragraph (a)(4)(iii) to
read as follows:
Sec. 63.1256 Standards: wastewater.
(a) * * *
(4) * * *
(iii) The owner or operator shall incorporate the procedures
described in paragraphs (a)(4)(i) and (ii) of this section as part of
the startup, shutdown, and malfunction plan required under Sec.
63.6(e)(3).
* * * * *
0
35. Section 63.1258 is amended by revising paragraph (b)(8)(iv) to read
as follows:
Sec. 63.1258 Monitoring requirements.
* * * * *
(b) * * *
(8) * * *
(iv) Periods of time when monitoring measurements exceed the
parameter values as well as periods of inadequate monitoring data do
not constitute a violation if they occur during a start-up, shutdown,
or malfunction, and the facility operates in accordance with Sec.
63.6(e)(1).
* * * * *
0
36. Section 63.1259 is amended by revising the first sentence in
paragraph (a)(3) introductory text to read as follows:
Sec. 63.1259 Recordkeeping requirements.
(a) * * *
(3) * * * The owner or operator of an affected source shall develop
a written startup, shutdown, and malfunction plan as specified in Sec.
63.6(e)(3). * * *
* * * * *
Subpart HHH--[Amended]
0
37. Section 63.1283 is amended by revising paragraph (d)(8)(i)(A) to
read as follows:
Sec. 63.1283 Inspection and monitoring requirements.
* * * * *
(d) * * *
(8) * * *
(i) * * *
(A) During a period of startup, shutdown, or malfunction when the
affected facility is operated during such period in accordance with
Sec. 63.6(e)(1); or
* * * * *
0
38. Table 2 to Subpart HHH is amended by adding in numerical order a
new entry for 63.6(e)(3)(ix) to read as follows:
Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40 CFR
Part 63 General Provisions to Subpart HHH
[[Page 20460]]
------------------------------------------------------------------------
Applies to subpart
General provisions reference HHH Explanation
------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)........... Yes...............
* * * * * * *
------------------------------------------------------------------------
Subpart JJJ--[Amended]
Sec. 63.1310 [Amended]
0
39. Section 63.1310 is amended by removing the third sentence in
paragraph (j)(1).
0
40. Section 63.1335 is amended by:
0
a. Revising the first sentence in paragraph (b)(1) introductory text;
and
0
b. Revising paragraph (h)(2)(iv)(A) to read as follows:
Sec. 63.1335 General recordkeeping and reporting provisions.
* * * * *
(b) * * *
(1) * * * The owner or operator of an affected source shall develop
a written startup, shutdown, and malfunction plan as specified in Sec.
63.6(e)(3). * * *
* * * * *
(h) * * *
(2) * * *
(iv) * * *
(A) The daily average or (batch cycle daily average) value during
any startup, shutdown, or malfunction shall not be considered an
excursion for purposes of paragraph (h)(2) of this section, if the
owner or operator follows the applicable provisions of Sec.
63.6(e)(1).
* * * * *
0
41. Table 1 to Subpart JJJ is amended by adding in numerical order a
new entry for 63.6(e)(3)(ix) to read as follows:
Table 1 to Subpart JJJ of Part 63--Applicability of General Provisions
to Subpart JJJ Affected Sources
------------------------------------------------------------------------
Applies to subpart
Reference JJJ Explanation
------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)........... Yes...............
* * * * * * *
------------------------------------------------------------------------
Subpart MMM--[Amended]
0
42. Section 63.1361 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.1361 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, emissions
monitoring equipment, process equipment, or a process to operate in a
normal or usual manner which causes, or has the potential to cause, the
emission limitations in an applicable standard to be exceeded. * * *
* * * * *
0
43. Section 63.1366 is amended by revising paragraph (b)(8)(iv) to read
as follows:
Sec. 63.1366 Monitoring and inspection requirements.
* * * * *
(b) * * *
(8) * * *
(iv) Periods of time when monitoring measurements exceed the
parameter values as well as periods of inadequate monitoring data do
not constitute a violation if they occur during a startup, shutdown, or
malfunction, and the facility operates in accordance with Sec.
63.6(e)(1).
* * * * *
0
44. Section 63.1367 is amended by revising the first sentence in
paragraph (a)(3) introductory text to read as follows:
Sec. 63.1367 Recordkeeping requirements.
(a) * * *
(3) * * * The owner or operator of an affected source shall develop
a written startup, shutdown, and malfunction plan as specified in Sec.
63.6(e)(3). * * *
* * * * *
Subpart NNN--[Amended]
0
45. Section 63.1386 is amended by revising the first sentence in
paragraph (c)(1) introductory text to read as follows:
Sec. 63.1386 Notification, recordkeeping, and reporting requirements.
* * * * *
(c) * * *
(1) The owner or operator shall develop a written plan as described
in Sec. 63.6(e)(3) that contains specific procedures to be followed
for operating the source and maintaining the source during periods of
startup, shutdown, and malfunction and a program of corrective action
for malfunctioning process modifications and control systems used to
comply with the standards. * * *
* * * * *
Subpart OOO--[Amended]
Sec. 63.1400 [Amended]
0
46. Section 63.1400 is amended by removing the third sentence in
paragraph (k)(1) and by removing the last sentence in paragraph (k)(2).
0
47. Section 63.1402 is amended by revising the first sentence in the
definition of malfunction in paragraph (b) to read as follows:
Sec. 63.1402 Definitions.
* * * * *
(b) * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment or process
equipment, or failure of a process to operate in a normal or usual
manner, or opening of a safety device which causes, or has the
potential to cause, the emission limitations in an applicable standard
to be exceeded. * * *
* * * * *
0
48. Section 63.1413 is amended by revising the first sentence in
paragraph (h)(4) introductory text and paragraph (h)(5) introductory
text to read as follows:
[[Page 20461]]
Sec. 63.1413 Compliance demonstration procedures.
* * * * *
(h) * * *
(4) Deviation from the emission standard. If an affected source is
not operated during periods of startup, shutdown, or malfunction in
accordance with Sec. 63.6(e)(1), there has been a deviation from the
emission standard. * * *
* * * * *
(5) Situations that are not deviations. If an affected source is
operated during periods of startup, shutdown, or malfunction in
accordance with Sec. 63.6(e)(1), and any of the situations listed in
paragraphs (h)(5)(i) through (iv) of this section occur, such
situations shall not be considered to be deviations.
* * * * *
0
49. Section 63.1416 is amended by:
0
a. Revising the first sentence in paragraph (b) introductory text; and
0
b. Revising paragraph (h)(2)(iv) to read as follows:
Sec. 63.1416 Recordkeeping requirements.
* * * * *
(b) * * * The owner or operator of an affected source shall develop
a startup, shutdown, and malfunction plan as specified in Sec.
63.6(e)(3) and shall keep the plan on-site. * * *
* * * * *
(h) * * *
(2) * * *
(iv) For purposes of paragraph (h)(2) of this section, a deviation
means that the daily average, batch cycle daily average, or block
average value of monitoring data for a parameter is greater than the
maximum, or less than the minimum established value, except that the
daily average, batch cycle daily average, or block average value during
any startup, shutdown, or malfunction shall not be considered a
deviation, if the owner or operator operates the source during such
periods in accordance with Sec. 63.6(e)(1).
0
50. Table 1 to Subpart OOO is amended by adding in numerical order a
new entry for 63.6(e)(3)(ix) to read as follows:
Table 1 to Subpart OOO of Part 63--Applicability of General Provisions
to Subpart OOO Affected Sources
------------------------------------------------------------------------
Applies to subpart
Reference OOO Explanation
------------------------------------------------------------------------
* * * * * * *
63.6(e)(3)(ix).................. Yes...............
* * * * * * *
------------------------------------------------------------------------
* * * * *
Subpart PPP--[Amended]
Sec. 63.1420 [Amended]
0
51. Section 63.1420 is amended by removing the third sentence in
paragraph (h)(1).
0
52. Section 63.1439 is amended by:
0
a. Revising the first sentence in paragraph (b)(1) introductory text;
and
0
b. Revising paragraph (h)(2)(iv)(A) to read as follows:
Sec. 63.1439 General recordkeeping and reporting provisions.
* * * * *
(b) * * *
(1) * * * The owner or operator of an affected source shall develop
a written startup, shutdown, and malfunction plan as specified in Sec.
63.6(e)(3). * * *
* * * * *
(h) * * *
(2) * * *
(iv) * * *
(A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion for purposes of
paragraph (h)(2) of this section, if the owner or operator operates the
source during such periods in accordance with Sec. 63.6(e)(1).
* * * * *
0
53. Table 1 to Subpart PPP is amended by adding in numerical order a
new entry for 63.6(e)(3)(ix) to read as follows:
Table 1 to Subpart PPP of Part 63--Applicability of General Provisions
to Subpart PPP Affected Sources
------------------------------------------------------------------------
Applies to subpart
Reference PPP Explanation
------------------------------------------------------------------------
* * * * * * *
63.6(e)(3)(ix).................. Yes...............
* * * * * * *
------------------------------------------------------------------------
* * * * *
Subpart QQQ--[Amended]
0
54. Section 63.1448 is amended by revising paragraph (c) to read as
follows:
Sec. 63.1448 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
0
55. Section 63.1453 is amended by revising paragraph (c)(1)(ii) to read
as follows:
Sec. 63.1453 How do I demonstrate continuous compliance with the
emission limitations, work practice standards, and operation and
maintenance requirements that apply to me?
* * * * *
(c) * * *
(1) * * *
(ii) Alarms that occur during startup, shutdown, or malfunction are
not included in the calculation if the condition is described in the
startup, shutdown, and malfunction plan, and you operated the source
during such periods in accordance with Sec. 63.6(e)(1).
* * * * *
Subpart RRR--[Amended]
0
56. Section 63.1516 is amended by revising the first sentence in
paragraph (a) introductory text as follows:
Sec. 63.1516 Reports.
(a) * * * The owner or operator must develop a written plan as
described in
[[Page 20462]]
Sec. 63.6(e)(3) that contains specific procedures to be followed for
operating and maintaining the source during periods of startup,
shutdown, and malfunction, and a program of corrective action for
malfunctioning process and air pollution control equipment used to
comply with the standard. * * *
* * * * *
Subpart TTT--[Amended]
57. Section 63.1542 is amended by revising the first sentence in
the definition of malfunction to read as follows:
Sec. 63.1542 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *
0
58. Section 63.1547 is amended by revising paragraph (g)(2) to read as
follows:
Sec. 63.1547 Monitoring requirements.
* * * * *
(g) * * *
(2) Alarms that occur during startup, shutdown, or malfunction
shall not be included in the calculation if the condition is described
in the startup, shutdown, and malfunction plan and the owner or
operator operates the source during such periods in accordance with
Sec. 63.6(e)(1).
* * * * *
Subpart UUU--[Amended]
0
59. Section 63.1570 is amended by:
0
a. Revising paragraph (d);
0
b. Removing and reserving paragraph (e); and
0
c. Revising paragraph (g) to read as follows:
Sec. 63.1570 What are my general requirements for complying with this
subpart?
* * * * *
(d) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
(e) [Reserved]
* * * * *
(g) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). The SSMP must
include elements designed to minimize the frequency of such periods
(i.e., root cause analysis). The Administrator will determine whether
deviations that occur during a period of startup, shutdown, or
malfunction are violations, according to the provisions in Sec.
63.6(e).
0
60. Table 44 to Subpart UUU is amended by adding in numerical order a
new entry for 63.6(e)(3)(ix) to read as follows:
Table 44 to Subpart UUU of Part 63--Applicability of NESHAP General
Provisions to Subpart UUU
* * * * *
----------------------------------------------------------------------------------------------------------------
Citation Subject Applies to subpart UUU Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)................ ....................... Yes....................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart XXX--[Amended]
0
61. Section 63.1651 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.1651 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *
0
62. Section 63.1656 is amended by revising paragraph (e)(2)(ii) to read
as follows:
Sec. 63.1656 Performance testing, test methods, and compliance
demonstrations.
* * * * *
(e) * * *
(2) * * *
(ii) Do not include alarms that occur during startup, shutdown, and
malfunction in the calculation if the condition is described in the
startup, shutdown, and malfunction plan and the owner or operator
operates the source during such periods in accordance with Sec.
63.6(e)(1).
* * * * *
Subpart AAAA--[Amended]
0
63. Section 63.1960 is amended by revising the fourth and sixth
sentences to read as follows:
Sec. 63.1960 How is compliance determined?
* * * Finally, you must develop a written SSM plan according to the
provisions in 40 CFR 63.6(e)(3). * * * Failure to write or maintain a
copy of the SSM plan is a deviation from the requirements of this
subpart.
* * * * *
0
64. Section 63.1965 is amended by revising paragraph (c) to read as
follows:
Sec. 63.1965 What is a deviation?
* * * * *
(c) A deviation occurs when a SSM plan is not developed or
maintained on site.
Subpart CCCC--[Amended]
0
65. Section 63.2150 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.2150 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written malfunction plan. * * *
0
66. Section 63.2164 is amended by revising paragraph (a) to read as
follows:
Sec. 63.2164 If I monitor brew ethanol, what are my monitoring
installation, operation, and maintenance requirements?
(a) Each CEMS must be installed, operated, and maintained according
to manufacturer's specifications and in accordance with Sec.
63.6(e)(1).
* * * * *
[[Page 20463]]
Sec. 63.2171 [Amended]
0
67. Section 63.2171 is amended by removing paragraph (d).
Subpart DDDD--[Amended]
0
68. Section 63.2250 is amended by revising paragraph (c) to read as
follows:
Sec. 63.2250 What are the general requirements?
* * * * *
(c) You must develop a written SSMP according to the provisions in
Sec. 63.6(e)(3).
* * * * *
0
69. Section 63.2271 is amended by removing and reserving paragraph
(b)(1) and revising the first sentence in paragraph (b)(2) to read as
follows:
Sec. 63.2271 How do I demonstrate continuous compliance with the
compliance options, operating requirements, and work practice
requirements?
* * * * *
(b) * * *
(1) [Reserved]
(2) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the EPA Administrator's satisfaction
that you were operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
Subpart EEEE--[Amended]
0
70. Section 63.2350 is amended by revising paragraph (c) to read as
follows:
Sec. 63.2350 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
(SSM) plan according to the provisions in Sec. 63.6(e)(3).
Sec. 63.2378 [Amended]
0
71. Section 63.2378 is amended by removing the third sentence of
paragraph (b)(1).
0
72. Table 12 to subpart EEEE is amended by revising the citation to
Sec. 63.8(c)(1)(i)-(iii) to read as follows:
Table 12 to Subpart EEEE of Part 63--Applicability of General
Provisions to Subpart EEEE
* * * * *
----------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject Brief description EEEE
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.8(c) (1)(i)--(iii)....... Routine and Keep parts for routine Yes.
Predictable SSM. repairs readily available;
reporting requirements for
SSM when action is
described in SSM plan..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart FFFF--[Amended]
0
73. Table 12 to Subpart FFFF is amended by adding in numerical order a
new entry for 63.6(e)(3)(ix) to read as follows:
Table 12 to Subpart FFFF of Part 63--Applicability of General
Provisions to Subpart FFFF
* * * * *
------------------------------------------------------------------------
Citation Subject Explanation
------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)........... SSMP incorporation Yes.
into title V
permit.
* * * * * * *
------------------------------------------------------------------------
Subpart GGGG--[Amended]
0
74. Table 1 to Sec. 63.2850 is amended by revising the paragraph (a)
entries to read as follows:
Sec. 63.2850 How do I comply with the hazardous air pollutant
emission standards?
* * * * *
Table 1 to Sec. 63.2850--Requirements for Compliance With HAP Emission
Standards
----------------------------------------------------------------------------------------------------------------
For initial startup
For periods of normal periods subject to Sec. For malfunction periods
Are you required to . . . operation? 63.2850(c)(2) or subject to Sec.
(d)(2)? 63.2850(e)(2)?
----------------------------------------------------------------------------------------------------------------
(a) Operate and maintain your source Yes. Additionally, the Yes, you are required Yes, you are required
in accordance with general duty HAP emission limits to minimize emissions to minimizwe emissions
provisions of Sec. 63.6(e)? will apply. to the extent to the extent
practible throughout practible throughout
the initial startup the initial startup
period. Such measures period. Such measures
should be described in should be described in
the SSM plan. the SSM plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
75. Section 63.2852 is amended by revising the first sentence to read
as follows:
Sec. 63.2852 What is a startup, shutdown, and malfunction plan?
You must develop a written SSM plan in accordance with Sec.
63.6(e)(3). * * *
0
76. Table 1 to Sec. 63.2870 is amended by revising the entry for
``Sec. 63.6(e)(1) through (e)(3)(ii) and Sec. 63.6(e)(3)(v) through
(vii)''; by removing the entry
[[Page 20464]]
``Sec. 63.6(e)(3)(v)(iii)'' and adding in it's place a new entry for
``Sec. 63.6(e)(3)(iii)''; and by adding in numerical order a new entry
for ``Sec. 63.6(e)(3)(ix)'' to read as follows:
Sec. 63.2870 What parts of the General Provisions apply to me?
* * * * *
Table 1 to Sec. 63.2870--Applicability of 40 CFR Part 63, Subpart A,
to 40 CFR, Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
Subject of Brief description
General provisions citation citation of requirement Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(1) through Operation and .................. Yes............... Minimize emissions
(e)(3)(ii) and Sec. maintenance to the extent
63.6(e)(3)(v) through (vii). requirements. practical.
Sec. 63.6(e)(3)(iii).......... Operation and .................. No................ Minimize emissions
maintenance to the extent
requirements. practical
* * * * * * *
Sec. 63.6(e)(3)(ix)........... Title V permit.... .................. Yes...............
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
77. Section 63.2872(c) is amended by:
0
a. Revising the second sentence in the definition of initial startup
period; and
0
b. Revising the third sentence in the definition of malfunction period
to read as follows:
Sec. 63.2872 What definitions apply to this subpart?
* * * * *
(c) * * *
Initial startup period means * * * During an initial startup
period, a source complies with the standards by minimizing HAP
emissions to the extent practical. * * *
* * * * *
Malfunction period means * * * During a malfunction period, a
source complies with the standards by minimizing HAP emissions to the
extent practical. * * *
* * * * *
Subpart HHHH--[Amended]
0
78. Section 63.2984 is amended by revising paragraph (b) to read as
follows:
Sec. 63.2984 What operating limits must I meet?
* * * * *
(b) When during a period of normal operations you detect that an
operating parameter deviates from the limit or range established in
paragraph (a) of this section, you must initiate corrective actions
within 1 hour according to the provisions of your OMM plan. The
corrective actions must be completed in an expeditious manner as
specified in the OMM plan.
* * * * *
0
79. Section 63.2986 is amended by revising the first sentence in
paragraph (g)(3) to read as follows:
Sec. 63.2986 How do I comply with the standards?
* * * * *
(g) * * *
(3) You must develop a written SSMP according to the provisions in
Sec. 63.6(e)(3). * * *
Subpart IIII--[Amended]
0
80. Section 63.3100 is amended by revising the first sentence in
paragraph (f) to read as follows:
Sec. 63.3100 What are my general requirements for complying with this
subpart?
* * * * *
(f) If your affected source uses emission capture systems and add-
on control devices, you must develop a written startup, shutdown, and
malfunction plan (SSMP) according to the provisions in Sec.
63.6(e)(3). * * *
0
81. Section 63.3163 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:
Sec. 63.3163 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(g) [Reserved]
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
Subpart KKKK--[Amended]
0
82. Section 63.3500 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.3500 What are my general requirements for complying with this
subpart?
* * * * *
(c) If your affected source uses an emission capture system and
add-on control device for purposes of complying with this subpart, you
must develop a written startup, shutdown, and malfunction plan (SSMP)
according to the provisions in Sec. 63.6(e)(3). * * *
0
83. Section 63.3542 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:
Sec. 63.3542 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(g) [Reserved]
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
0
84. Section 63.3552 is amended by:
0
a. Removing and reserving paragraph (f); and
0
b. Revising the first sentence in paragraph (g) to read as follows:
[[Page 20465]]
Sec. 63.3552 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(f) [Reserved]
(g) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
Subpart MMMM--[Amended]
0
85. Section 63.3900 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.3900 What are my general requirements for complying with this
subpart?
* * * * *
(c) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan according to the provisions in Sec. 63.6(e)(3). *
* *
Sec. 63.3963 [Amended]
0
86. Section 63.3963 is amended by removing and reserving paragraph (g).
Subpart NNNN--[Amended]
0
87. Section 63.4100 is amended by revising the first sentence in
paragraph (d) to read as follows:
Sec. 63.4100 What are my general requirements for complying with this
subpart?
* * * * *
(d) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan according to the provisions in Sec. 63.6(e)(3). *
* *
0
88. Section 63.4110 is amended by revising paragraph (b)(9)(v) to read
as follows:
Sec. 63.4110 What notifications must I submit?
* * * * *
(b) * * *
(9) * * *
(v) A statement of whether or not you developed the startup,
shutdown, and malfunction plan required by Sec. 63.4100(d).
* * * * *
0
89. Section 63.4163 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:
Sec. 63.4163 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(g) [Reserved]
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e). * * *
* * * * *
Subpart OOOO--[Amended]
0
90. Section 63.4300 is amended by:
0
a. Revising paragraph (a)(3)(i); and
0
b. Revising the first sentence in paragraph (c) to read as follows:
Sec. 63.4300 What are my general requirements for complying with this
subpart?
(a) * * *
(3) * * *
(i) The web coating/printing or dyeing/finishing operation(s) must
be in compliance with the applicable emission limit in Table 1 to this
subpart or minimize emissions at all times as required by Sec.
63.6(e)(1).
* * * * *
(c) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan according to the provisions in Sec. 63.6(e)(3). *
* *
0
91. Section 63.4310 is amended by revising paragraph (c)(9)(iv) to read
as follows:
Sec. 63.4310 What notifications must I submit?
* * * * *
(c) * * *
(9) * * *
(iv) A statement of whether or not you developed and implemented
the work practice plan required by Sec. 63.4293 and developed the
startup, shutdown, and malfunction plan required by Sec. 63.4300.
0
92. Section 63.4342 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:
Sec. 63.4342 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(g) [Reserved]
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or web coating/printing
or dyeing/finishing operation that may affect emission capture or
control device efficiency are not violations if you demonstrate to the
Administrator's satisfaction that you were operating in accordance with
Sec. 63.6(e)(1). * * *
* * * * *
0
93. Section 63.4352 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:
Sec. 63.4352 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(g) [Reserved]
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or web coating/printing
operation that may affect emission capture or control device efficiency
are not violations if you demonstrate to the Administrator's
satisfaction that you were operating in accordance with Sec.
63.6(e)(1). * * *
* * * * *
Subpart PPPP--[Amended]
0
94. Section 63.4500 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.4500 What are my general requirements for complying with this
subpart?
* * * * *
(c) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan according to the provisions in Sec. 63.6(e)(3). *
* *
Sec. 63.4563 [Amended]
0
95. Section 63.4563 is amended by removing and reserving paragraph (g).
Section QQQQ--[Amended]
0
96. Section 63.4700 is amended by revising the first sentence in
paragraph (d) to read as follows:
[[Page 20466]]
Sec. 63.4700 What are my general requirements for complying with this
subpart?
* * * * *
(d) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan (SSMP) according to the provisions in Sec.
63.6(e)(3). * * *
0
97. Section 63.4763 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:
Sec. 63.4763 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(g) [Reserved]
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of SSM of the emission capture system, add-
on control device, or coating operation that may affect emission
capture or control device efficiency are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1). * * *
* * * * *
Subpart RRRR--[Amended]
0
98. Section 63.4900 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.4900 What are my general requirements for complying with this
subpart?
* * * * *
(c) If your affected source uses an emission capture system and
add-on control device to comply with the emission limitations in Sec.
63.4890, you must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3). * * *
Sec. 63.4962 [Amended]
0
99. Section 63.4962 is amended by removing and reserving paragraph (g).
Subpart UUUU--[Amended]
0
100. Section 63.5515 is amended by revising paragraph (c) to read as
follows:
Sec. 63.5515 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
(SSM) plan according to the provisions in Sec. 63.6(e)(3).
* * * * *
0
101. Section 63.5555 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising paragraph (d) to read as follows:
Sec. 63.5555 How do I demonstrate continuous compliance with the
emission limits, operating limits, and work practice standards?
* * * * *
(c) [Reserved]
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). The
Administrator will determine whether deviations that occur during a
period you identify as a startup, shutdown, or malfunction are
violations, according to the provisions in Sec. 63.6(e).
0
102. Table 10 to subpart UUUU of part 63 is amended by revising the
citation to Sec. 63.8(c)(1)(i) to read as follows:
Table 10 to Subpart UUUU of Part 63--Applicability of General
Provisions to Subpart UUUU
* * * * *
----------------------------------------------------------------------------------------------------------------
Citation Subject Brief description Applies to subpart UUUU
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.8(c)(1)(i)................. Routine and Predictable Keep parts for routine Yes.
SSM. repairs readily
available; reporting
requirements for SSM
when action is
described in SSM plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart WWWW--[Amended]
0
103. Section 63.5835 is amended by revising paragraph (d) to read as
follows:
Sec. 63.5835 What are my general requirements for complying with this
subpart?
* * * * *
(d) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3) for any organic
HAP emissions limits you meet using an add-on control.
0
104. Section 63.5900 is amended by:
0
a. Revising paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:
Sec. 63.5900 How do I demonstrate continuous compliance with the
standards?
* * * * *
(d) When you use an add-on control device to meet standards in
Sec. 63.5805, you are not required to meet those standards during
periods of startup, shutdown, or malfunction, but you must operate your
affected source to minimize emissions in accordance with Sec.
63.6(e)(1).
(e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of malfunction for those affected sources
and standards specified in paragraph (d) of this section are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
Subpart XXXX--[Amended]
0
105. Section 63.5990 is amended by revising paragraph (d) to read as
follows:
Sec. 63.5990 What are my general requirements for complying with this
subpart?
* * * * *
(d) For each affected source that complies with the emission limits
in Tables 1 through 3 to this subpart using a control device, you must
develop a written startup, shutdown, and malfunction plan according to
the provisions in Sec. 63.6(e)(3).
* * * * *
[[Page 20467]]
Subpart YYYY--[Amended]
0
106. Section 63.6140 is amended by revising paragraph (c) to read as
follows:
Sec. 63.6140 How do I demonstrate continuous compliance with the
emission and operating limitations?
* * * * *
(c) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, and malfunction are
not violations if you have operated your stationary combustion turbine
in accordance with Sec. 63.6(e)(1)(i).
0
107. Section 63.6175 is amended by revising paragraph (4) under the
definition of deviation to read as follows:
Sec. 63.6175 What definitions apply to this subpart?
* * * * *
Deviation * * *
* * * * *
(4) Fails to satisfy the general duty to minimize emissions
established by Sec. 63.6(e)(1)(i).
* * * * *
Subpart ZZZZ--[Amended]
0
108. Section 63.6640 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:
Sec. 63.6640 How do I demonstrate continuous compliance with the
emission limitations and operating limitations?
* * * * *
(c) [Reserved]
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
from the emission or operating limitations that occur during a period
of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1). * * *
* * * * *
0
109. Section 63.6675 is amended by revising paragraph (4) under the
definition of deviation and by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.6675 What definitions apply to this subpart?
* * * * *
Deviation * * *
* * * * *
(4) Fails to satisfy the general duty to minimize emissions
established by Sec. 63.6(e)(1)(i).
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *
Subpart AAAAA--[Amended]
0
110. Section 63.7100 is amended by revising paragraph (e) to read as
follows:
Sec. 63.7100 What are my general requirements for complying with this
subpart?
* * * * *
(e) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
0
111. Section 63.7121 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:
Sec. 63.7121 How do I demonstrate continuous compliance with the
emission limitations standard?
* * * * *
(c) [Reserved]
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
Subpart BBBBB--[Amended]
0
112. Section 63.7185 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.7185 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP). * * *
* * * * *
Sec. 63.7187 [Amended]
0
113. Section 63.7187 is amended by removing and reserving paragraph
(d).
Subpart CCCCC--[Amended]
0
114. Section 63.7310 is amended by revising paragraph (c) to read as
follows:
Sec. 63.7310 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
0
115. Section 63.7336 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:
Sec. 63.7336 What other requirements must I meet to demonstrate
continuous compliance?
* * * * *
(b) Startup, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1).
* * * * *
Subpart DDDDD--[Amended]
0
116. Section 63.7505 is amended by revising paragraph (e) to read as
follows:
Sec. 63.7505 What are my general requirements for complying with this
subpart?
* * * * *
(e) If you have an applicable emission limit or work practice
standard, you must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
0
117. Section 63.7540 is amended by:
0
a. Revising the first sentence in paragraph (a)(9);
0
b. Removing and reserving paragraph (c); and
0
c. Revising the first sentence in paragraph (d) to read as follows:
Sec. 63.7540 How do I demonstrate continuous compliance with the
emission limits and work practice standards?
(a) * * *
(9) If your unit is controlled with a fabric filter, and you
demonstrate continuous compliance using a bag leak detection system,
you must initiate corrective action within 1 hour of a bag leak
detection system alarm and complete corrective actions as soon as
practical, and operate and maintain the fabric filter system such that
the alarm does not sound more than 5 percent of the operating time
during a 6-month period. * * *
* * * * *
(c) [Reserved]
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you
[[Page 20468]]
demonstrate to the EPA Administrator's satisfaction that you were
operating in accordance with Sec. 63.6(e)(1). * * *
0
118. Table 10 to subpart DDDDD of part 63 is amended by revising the
citation to Sec. 63.8(c)(1)(iii) to read as follows:
Table 10 to Subpart DDDDD of Part 63--Applicability of General
Provisions to Subpart DDDDD
* * * * *
----------------------------------------------------------------------------------------------------------------
Citation Subject Brief description Applicable
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.8(c)(1)(iii)............... Compliance with Must develop an SSMP Yes.
Operation and for CMS.
Maintenance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart EEEEE--[Amended]
0
119. Section 63.7720 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.7720 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3). * * *
0
120. Section 63.7746 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:
Sec. 63.7746 What other requirements must I meet to demonstrate
continuous compliance?
* * * * *
(b) Startups, shutdowns, and malfunctions. (1) Consistent with the
requirements of Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1).
* * * * *
Subpart FFFFF--[Amended]
0
121. Section 63.7810 is amended by revising paragraph (c) to read as
follows:
Sec. 63.7810 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
0
122. Section 63.7835 is amended by removing introductory text to
paragraph (b) and revising paragraph (b)(1) to read as follows:
Sec. 63.7835 What other requirements must I meet to demonstrate
continuous compliance?
* * * * *
(b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1).
* * * * *
Subpart GGGGG--[Amended]
0
123. Section 63.7935 is amended by:
0
a. Revising paragraph (c);
0
b. Removing and reserving paragraph (d); and
0
c. Revising the first sentence in paragraph (f) to read as follows:
Sec. 63.7935 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
(d) [Reserved]
* * * * *
(f) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
0
124. Table 3 to subpart GGGGG of part 63 is amended by revising the
citation to Sec. 63.8(c)(1)(i) to read as follows:
Table 3 to Subpart GGGGG of Part 63--Applicability of General
Provisions to Subpart GGGGG
* * * * *
----------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject Brief description GGGGG
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.8(c)(1)(i)................. Routine and Predictable Keep parts for routine Yes.
SSM. repairs readily
available; reporting
requirements for SSM
when action is
described in SSM plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart HHHHH--[Amended]
0
125. Table 10 to Subpart HHHHH is amended by adding in numerical order
a new entry for 63.6(e)(3)(ix) to read as follows:
Table 10 to Subpart HHHHH of Part 63--Applicability of General
Provisions to Subpart HHHHH
* * * * *
[[Page 20469]]
------------------------------------------------------------------------
Citation Subject Explanation
------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(e)(3)(ix)....... Title V permit...... Yes.
* * * * * * *
------------------------------------------------------------------------
Subpart IIIII--[Amended]
0
126. Section 63.8226 is amended by revising paragraph (b) to read as
follows:
Sec. 63.8226 What are my general requirements for complying with this
subpart?
* * * * *
(b) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
0
127. Section 63.8248 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:
Sec. 63.8248 What other requirements must I meet?
* * * * *
(b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1).
* * * * *
Subpart JJJJJ--[Amended]
0
128. Section 63.8420 is amended by revising paragraph (c) to read as
follows:
Sec. 63.8420 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
* * * * *
0
129. Section 63.8470 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:
Sec. 63.8470 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(d) [Reserved]
(e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1) and your OM&M
plan. * * *
* * * * *
Subpart KKKKK--[Amended]
0
130. Section 63.8570 is amended by revising paragraph (c) to read as
follows:
Sec. 63.8570 What are my general requirements for complying with this
subpart?
* * * * *
(c) For each kiln that is subject to the emission limits specified
in Table 1 to this subpart, you must develop a written startup,
shutdown, and malfunction plan (SSMP) according to the provisions in
Sec. 63.6(e)(3).
* * * * *
0
131. Section 63.8620 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:
Sec. 63.8620 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?
* * * * *
(d) [Reserved]
(e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1) and your OM&M
plan. * * *
* * * * *
Subpart LLLLL--[Amended]
0
132. Section 63.8685 is amended by revising paragraph (c) to read as
follows:
Sec. 63.8685 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
* * * * *
0
133. Section 63.8691 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:
Sec. 63.8691 How do I demonstrate continuous compliance with the
operating limits?
* * * * *
(c) [Reserved]
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
0
134. Table 7 to subpart LLLLL of part 63 is amended by revising the
citation to Sec. 63.8(c)(1)(i) to read as follows:
Table 7 to Subpart LLLLL of Part 63--Applicability of General
Provisions to Subpart LLLLL
----------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject Brief description LLLLL
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.8(c)(1)(i)................. Routine and predictable 1. Keep parts for Yes.
CMS malfunction. routine repairs
readily available.
2. Reporting
requirements for CMS
malfunction when
action is described in
SSM plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 20470]]
Subpart MMMMM--[Amended]
0
135. Section 63.8794 is amended by revising paragraph (e) to read as
follows:
Sec. 63.8794 What are my general requirements for complying with this
subpart?
* * * * *
(e) For each new or reconstructed flame lamination affected source,
you must develop a written startup, shutdown, and malfunction plan
according to the provisions in Sec. 63.6(e)(3).
* * * * *
0
136. Section 63.8812 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:
Sec. 63.8812 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(c) [Reserved]
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur at a new or reconstructed flame lamination affected source
during a period of startup, shutdown, or malfunction are not violations
if you demonstrate to the Administrator's satisfaction that you were
operating in accordance with Sec. 63.6(e)(1). * * *
* * * * *
Subpart NNNNN--[Amended]
0
137. Section 63.9005 is amended by revising paragraph (c) to read as
follows:
Sec. 63.9005 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
* * * * *
0
138. Section 63.9040 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:
Sec. 63.9040 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?
* * * * *
(d) [Reserved]
(e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
Subpart PPPPP--[Amended]
0
139. Section 63.9305 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 63.9305 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written SSM plan (SSMP) for emission control
devices and associated monitoring equipment according to the provisions
in Sec. 63.6(e)(3). * * *
0
140. Section 63.9340 is amended by removing introductory text in
paragraph (c) and revising paragraph (c)(1) to read as follows:
Sec. 63.9340 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(c) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a
period of SSM of control devices and associated monitoring equipment
are not violations if you demonstrate to the Administrator's
satisfaction that you were operating in accordance with Sec.
63.6(e)(1).
* * * * *
0
141. Section 63.9375 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 63.9375 What definitions apply to this subpart?
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *
0
142. Table 7 to subpart PPPPP of part 63 is amended by revising the
citation to Sec. 63.8(c)(1)(i) to read as follows:
Table 7 to Subpart PPPPP of Part 63--Applicability of General
Provisions to Subpart PPPPP
* * * * *
----------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject Brief description PPPPP
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.8(c)(1)(i)................. Routine and predictable 1. Keep parts for Yes.
CMS malfunctions. routine repairs of CMS
readily available.
2. Reporting
requirements for SSM
when action is
described in SSMP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart QQQQQ--[Amended]
0
143. Section 63.9505 is amended by revising paragraph (c) to read as
follows:
Sec. 63.9505 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
0
144. Section 63.9530 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:
Sec. 63.9530 How do I demonstrate continuous compliance with the
emission limitation that applies to me?
* * * * *
(d) [Reserved]
(e) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1). * * *
Subpart RRRRR--[Amended]
0
145. Section 63.9610 is amended by revising paragraph (c) to read as
follows:
[[Page 20471]]
Sec. 63.9610 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
0
146. Section 63.9637 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:
Sec. 63.9637 What other requirements must I meet to demonstrate
continuous compliance?
* * * * *
(b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1).
* * * * *
Subpart SSSSS--[Amended]
0
147. Section 63.9792 is amended by revising paragraph (c) to read as
follows:
Sec. 63.9792 What are my general requirements for complying with this
subpart?
* * * * *
(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
* * * * *
0
148. Section 63.9810 is amended by removing and reserving paragraph
(e)(1) and revising the first sentence in paragraph (e)(2) to read as
follows:
Sec. 63.9810 How do I demonstrate continuous compliance with the
emission limits, operating limits, and work practice standards?
* * * * *
(e) * * *
(1) [Reserved]
(2) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec. 63.6(e)(1) and your OM&M
plan. * * *
Subpart TTTTT--[Amended]
0
149. Section 63.9910 is amended by revising paragraph (b) to read as
follows:
Sec. 63.9910 What are my general requirements for complying with this
subpart?
* * * * *
(b) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec. 63.6(e)(3).
0
150. Section 63.9925 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:
Sec. 63.9925 What other requirements must I meet to demonstrate
continuous compliance?
* * * * *
(b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec. 63.6(e)(1).
* * * * *
PART 65--[AMENDED]
0
151. The authority citation of part 65 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
0
152. Section 65.2 is amended by revising the first sentence in the
definition of malfunction to read as follows:
Sec. 65.2 Definitions.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, monitoring
equipment, process equipment, or a process to operate in a normal or
usual manner which causes, or has the potential to cause, the emission
limitations in an applicable standard to be exceeded. * * *
* * * * *
0
153. Section 65.3 is amended by
0
a. Revising the second sentence in paragraph (a)(3);
0
b. Revising the first sentence in paragraph (a)(4); and
0
c. Revising paragraph (b)(2)(i) to read as follows:
Sec. 65.3 Compliance with standards and operation and maintenance
requirements.
(a) * * *
(3) * * * The measures to be taken may include, but are not limited
to, air pollution control technologies, recovery technologies, work
practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the regulated source. * * *
(4) Malfunctions shall be corrected as soon as practical after
their occurrence. * * *
* * * * *
(b) * * *
(2) * * *
(i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with Sec.
65.3(a)(3)), a monitoring parameter is outside its established range or
monitoring data cannot be collected; or
* * * * *
0
154. Section 65.6 is amended by:
0
a. Revising the first and fourth sentences in paragraph (b)(1)
introductory text;
0
b. Revising paragraph (b)(2); and
0
c. Revising paragraph (c)(3) to read as follows:
Sec. 65.6 Startup, shutdown, and malfunction plan and procedures.
* * * * *
(b) Startup, shutdown, and malfunction plan--(1) Description and
purpose of plan. The owner or operator of a regulated source shall
develop a written startup, shutdown, and malfunction plan that
describes, in detail, procedures for operating and maintaining the
regulated source during periods of startup, shutdown, and malfunction
and a program of corrective action for malfunctioning process and air
pollution control equipment used to comply with the relevant standard.
* * * The requirement to develop this plan shall be incorporated into
the source's title V permit. * * *
* * * * *
(2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of a regulated source shall operate
and maintain such source (including associated air pollution control
equipment and CPMS) in accordance with Sec. 65.3(a). The general duty
to minimize emissions during a period of startup, shutdown, or
malfunction does not require the owner or operator to achieve emission
levels that would be required by the applicable standard at other times
if this is not consistent with safety and good air pollution control
practices, nor does it require the owner or operator to make any
further efforts to reduce emissions if levels required by the
applicable standard have been achieved. Determination of whether such
operation and maintenance procedures are being used will be based on
information available to the
[[Page 20472]]
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures (including the
startup, shutdown, and malfunction plan required in paragraph (b)(1) of
this section), review of operation and maintenance records, and
inspection of the source.
* * * * *
(c) * * *
(3) If actions taken by an owner or operator during a startup,
shutdown, and malfunction of a regulated source, or of a control device
or monitoring system required for compliance (including actions taken
to correct a malfunction) are consistent with the procedures specified
in the source's startup, shutdown, and malfunction plan, then the owner
or operator shall state such information in a startup, shutdown, and
malfunction report, and describe the actions taken. Such description
can take the form of a checklist; only one checklist is necessary if
actions taken are the same for multiple events during the reporting
period.
* * * * *
0
155. Section 65.115 is amended by revising the last sentence in
paragraph (b)(1) and the last sentence in paragraph (b)(2) to read as
follows:
Sec. 65.115 Standards: Closed vent systems and control devices; or
emissions routed to a fuel gas system or process.
* * * * *
(b) Compliance standard. (1) * * * Note that this includes the
startup, shutdown, and malfunction provisions of Sec. 65.6.
(2) * * * Note that this includes the startup, shutdown, and
malfunction provisions of Sec. 65.6.
0
156. Section 65.156 is amended by revising paragraphs (d)(3)(i) and
(ii) to read as follows:
Sec. 65.156 General monitoring requirements for control and recovery
devices.
* * * * *
(d) * * *
(3) * * *
(i) Excursions which occur during periods of startup, shutdown, and
malfunction, when the source is being operated during such periods to
minimize emissions in accordance with Sec. 65.3(a)(3).
(ii) Excursions which occur due to failure to collect a valid hour
of data during periods of startup, shutdown, and malfunction, when the
source is being operated during such periods in accordance with Sec.
65.3(a)(3).
* * * * *
0
157. Section 65.161 is amended by revising paragraph (e)(2)(iv)(A) to
read as follows:
Sec. 65.161 Continuous records and monitoring data system handling.
* * * * *
(e) * * *
(2) * * *
(iv) * * *
(A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion for purposes of this
paragraph (e) if the owner or operator operates the source in
accordance with Sec. 65.3(a).
* * * * *
0
158. Section 65.163 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 65.163 Other records.
* * * * *
(c) * * *
(2) For each startup, shutdown, and malfunction during which excess
emissions occur, records whether the procedures specified in the
source's startup, shutdown, and malfunction plan were followed, and a
description of actions taken to minimize emissions. For example, if a
startup, shutdown, and malfunction plan includes procedures for routing
control device emissions to a backup control device (for example, the
incinerator for a halogenated stream could be routed to a flare during
periods when the primary control device is out of service), records
must be kept of whether the plan was followed. These records may take
the form of a checklist or other form of recordkeeping that confirms
conformance with the startup, shutdown, and malfunction plan for the
event.
* * * * *
[FR Doc. 06-3312 Filed 4-19-06; 8:45 am]
BILLING CODE 6560-50-P | usgpo | 2024-10-08T14:08:33.438200 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3312.htm"
} |
FR | FR-2006-04-20/06-3628 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20474-20484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3628]
[[Page 20473]]
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Part III
Department of Labor
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Veterans' Employment and Training Service
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Solicitations for Grant Applications; Non-Urban Homeless Veterans'
Reintegration Program; Veterans' Workforce Investment Program; Urban
Homeless Veterans' Reintegration Program; New Grantee Homeless
Veterans' Reintegration Program; Grants for Program Year (PY) 2006,
July 1, 2006 Through June 30, 2007; Notices
Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 /
Notices
[[Page 20474]]
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DEPARTMENT OF LABOR
Veterans' Employment and Training Service
[SGA 06-02/PY 06]
Solicitation for Grant Applications (SGA); Non-Urban Homeless
Veterans' Reintegration Program (HVRP) Grants for Program Year (PY)
2006, July 1, 2006 Through June 30, 2007
AGENCY: Veterans' Employment and Training Service (VETS), Labor.
ACTION: Posting of SGA.
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SUMMARY: The Veterans' Employment and Training Service is posting
availability of funds for the Non-Urban Homeless Veterans'
Reintegration Program.
FOR FURTHER INFORMATION CONTACT: Cassandra Mitchell, Grants Management
Specialist, Procurement Services Center, at (202) 693-4570.
Date Extension: N/A.
DATES: The closing date for receipt of the application is May 22, 2006
at 5 p.m. (eastern time) at the address listed.
Executive Summary (Applicants For Grant Funds Should Read This
Notice In Its Entirety): The U.S. Department of Labor (USDOL),
Veterans' Employment and Training Service (VETS), announces a grant
competition under 38 U.S.C. 2021, as added by Section 5 of Public Law
107-95, the Homeless Veterans Comprehensive Assistance Act of 2001
(HVCAA). Section 2021 requires the Secretary of Labor to conduct,
directly or through grant or contract, such programs as the Secretary
determines appropriate to expedite the reintegration of homeless
veterans into the labor force.
The only jurisdictions that are eligible to be served through this
non-urban competition for HVRPs are the geographical areas in the
United States other than the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico (see Appendix G for a list of the jurisdictions that are not
eligible to be served by the non-urban competition for HVRPs).
HVRP grants are intended to address two objectives: (1) To provide
services to assist in reintegrating homeless veterans into meaningful
employment within the labor force, and (2) to stimulate the development
of effective service delivery systems that will address the complex
problems facing homeless veterans. Successful applicants will design
programs that assist eligible veterans by providing job placement
services, job training, counseling, supportive services, and other
assistance to expedite the reintegration of homeless veterans into the
labor force. Successful programs will also be designed to be flexible
in addressing the universal as well as the local or regional problems
that have had a negative impact on homeless veterans reentering the
workforce.
Under this solicitation covering Fiscal Year (FY) 2006, VETS
anticipates that up to $1,400,000 will be available for grant awards up
to a maximum of $200,000 for each grant award. VETS expects to award
approximately seven (7) grants. This notice contains all of the
necessary information and forms to apply for grant funding. The period
of performance for these PY 2006 grants will be July 1, 2006 through
June 30, 2007. Two (2) optional years of additional funding may be
available, depending upon Congressional appropriations, the agency's
decision to exercise the optional year(s) of funding, and satisfactory
grantee and sub-awardee(s) performance.
I. Funding Opportunity Description
The U.S. Department of Labor (USDOL), Veterans' Employment and
Training Service (VETS), announces a grant competition under 38 U.S.C.
2021, as added by Section 5 of Public Law 107-95, the Homeless Veterans
Comprehensive Assistance Act of 2001 (HVCAA). Section 2021 requires the
Secretary of Labor to conduct, directly or through grant or contract,
such programs as the Secretary determines appropriate to provide job
training, counseling, and placement services (including job readiness,
literacy training, and skills training) to expedite the reintegration
of homeless veterans into the labor force.
1. Program Concept and Emphasis
HVRP grants are intended to address two objectives: (a) To provide
services to assist in reintegrating homeless veterans into meaningful
employment within the labor force, and (b) to stimulate the development
of effective service delivery systems that will address the complex
problems facing homeless veterans.
For this Fiscal Year (FY) 2006 grant solicitation, VETS seeks
applicants that will provide services through a case management
approach that networks with Federal, State, and local resources for
veteran support programs. Successful applicants will have clear
strategies and obtainable goals for employment and retention of
employment for homeless veterans. Successful applicants will design
programs that assist eligible veterans by providing job placement
services, job training, counseling, mentoring, supportive services, and
other assistance to expedite the reintegration of homeless veterans
into the labor force. Successful applicants will also design programs
that are flexible in addressing the universal as well as the local or
regional problems that have had a negative impact on homeless veterans
reentering the workforce. The HVRP in PY 2006 will seek to continue to
strengthen development of effective service delivery systems, to
provide comprehensive services through a case management approach that
addresses complex problems facing eligible veterans trying to
transition into gainful employment, and to improve strategies for
employment and retention in employment.
The only jurisdictions that are eligible to be served through this
non-urban competition for HVRPs are the geographical areas in the
United States other than the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico (see Appendix G for a list of the jurisdictions that are not
eligible to be served by the non-urban competition for HVRPs).
2. Project Awareness Program Information and Orientation Activities
In order to promote networking between the HVRP-funded program and
local service providers (and thereby eliminate gaps or duplication in
services and enhance the provision of assistance to participants), the
grantee and sub-awardee(s) must provide project orientation workshops
and program awareness activities that it determines are the most
feasible for the types of providers listed below. Grantees and sub-
awardee(s) are encouraged to propose strategies for incorporating small
faith-based and community organizations (defined as organizations with
social services budgets of $500,000 or less and ten (10) or fewer full-
time employees) into their outreach plans. Project orientation
workshops conducted by grantees and sub-awardee(s) have been an
effective means of sharing information and informing the community of
the availability of other services; they are encouraged but not
mandatory. Rather, grantees and sub-awardee(s) will have the
flexibility to attend service provider meetings, seminars, and
conferences, to outstation staff, and to develop individual service
contracts as well as to involve other agencies in program planning.
The grantee and sub-awardee(s) will be responsible for providing
project
[[Page 20475]]
awareness, program information, and orientation activities to the
following:
A. Direct providers of services to homeless veterans, including
shelter and soup kitchen operators, to make them aware of the services
available to homeless veterans to make them job-ready and to aid their
placement into jobs.
B. Federal, State, and local agencies such as the Social Security
Administration (SSA), Department of Veterans Affairs (DVA), State
Workforce Agencies (SWAs) and local One-Stop Career Centers (which
integrate Workforce Investment Act (WIA) and other employment and
training services), mental health services, and healthcare
detoxification facilities: to familiarize them with the nature and
needs of homeless veterans.
C. Civic and private sector groups, in particular veterans' service
organizations, support groups, job training and employment services,
and community-based organizations (including faith-based
organizations), to provide information on homeless veterans and their
needs.
The grantee and sub-awardee(s) will also be responsible for
participating in ``Stand Down'' events. A ``Stand Down'' is an event
held in a locality, usually for one (1) to three (3) days, where
services are provided to homeless veterans along with shelter, meals,
clothing, employment services, and medical attention. This type of
event is mostly a volunteer effort, which is organized within a
community and brings service providers together such as the Department
of Veterans Affairs, Disabled Veterans' Outreach Program Specialists
(DVOP) and Local Veterans' Employment Representatives (LVER) staff from
the State Workforce Agencies, Veteran Service Organizations, military
personnel, civic leaders, and a variety of other interested persons,
groups, and organizations. Many services are provided on-site with
referrals also made for continued assistance after the Stand Down
event. These events can often be the catalyst that enables homeless
veterans to get back into mainstream society. The Department of Labor
has supported replication of these events and many have been held
throughout the nation.
In areas where an HVRP is operating, grantees and sub-awardee(s)
are expected and encouraged to participate fully and offer their
services for all locally planned Stand Down event(s). Toward this end,
up to $8,000 of the requested HVRP grant funds may be used to
supplement the Stand Down efforts, where funds are not otherwise
available, and may be requested and explained in the budget narrative.
3. Scope of Program Design
In addition to the activities described above, the project design
must include the following services:
A. Outreach, intake, assessment, peer counseling or mentoring to
the degree practical, employment services, and follow-up support
services to enhance retention in employment. Program staff providing
outreach services should have experience in dealing with, and an
understanding of the needs of, homeless veterans. Outreach activities
must include and coordinate with the DVOP and LVER staff in the State
Workforce Agencies or in the workforce investment systems' One-Stop
Career Centers System, Veterans' Workforce Investment Program (VWIP),
and the Department of Veterans Affairs.
B. Provision of or referral to employment services such as: Job
search workshops, job counseling, assessment of skills, resume writing
techniques, interviewing skills, subsidized trial employment (work
experience), job development services, job placement into unsubsidized
employment, and job placement follow-up services to enhance retention
in employment.
C. Provision of or referral to training services such as: Basic
skills instruction, remedial education activities, life skills and
money management training, on-the-job training, classroom training,
vocational training, specialized and/or licensing training programs,
and other formal training programs as deemed appropriate to benefit the
participant. At least 80% of the enrolled HVRP participants must
participate in training activities.
D. Grantees and sub-awardee(s) must perform a preliminary
assessment of each participant's eligibility for Department of Veterans
Affairs (DVA) service-connected disability, compensation, and/or
pension benefits. As appropriate, grantees and sub-awardee(s) will work
with the veterans' service organizations or refer the participants to
DVA in order to file a claim for compensation or pension. Grantees and
sub-awardee(s) will track the progress of claims and report outcomes in
individual participant case management records.
E. Coordination with veterans' services programs, including: DVOPs
and LVERs in the workforce investment system's One-Stop Career Centers,
as well as Veterans' Workforce Investment Programs (VWIPs), Department
of Veterans Affairs (DVA) services, including its Health Care for
Homeless Veterans, Domiciliary Care, Regional Benefits Assistance
Program, and Transitional Housing under Homeless Provider Grant and Per
Diem programs.
F. Networking, collaborating, and coordinating efforts with
veterans' service organizations such as: The American Legion, Disabled
American Veterans, Veterans of Foreign Wars, Vietnam Veterans of
America, The American Veterans (AMVETS), or etc., to ensure
participants apply for and/or receive other veterans' benefits that
they may be eligible for.
G. Referral as necessary to health care, counseling, and
rehabilitative services including, but not limited to: alcohol and drug
rehabilitation, therapeutic services, Post Traumatic Stress Disorder
(PTSD) services, and mental health services as well as coordination
with McKinney-Vento Homeless Assistance Act (MVHAA) programs for health
care for the homeless, and health care programs under the Homeless
Veterans Comprehensive Assistance Act (HVCAA) of 2001.
H. Referral to housing assistance, as appropriate, provided by:
local shelters, Federal Emergency Management Administration (FEMA) food
and shelter programs, transitional housing programs and single room
occupancy housing programs funded under MVHAA and HVCAA, and permanent
housing programs for disabled homeless persons funded under MVHAA and
HVCAA.
4. Results-Oriented Model
No specific model is mandatory, but successful applicants will
design a program that is responsive to the needs of the local community
and achieves the HVRP objectives. The HVRP objectives are to
successfully reintegrate homeless veterans into the workforce and to
stimulate the development of effective service delivery systems that
will address the complex problems facing homeless veterans. Under the
Government Performance and Results Act (GPRA), Congress and the public
are looking for program results rather than program processes.
For purposes of assessing performance of grantees selected under
this SGA, VETS will focus on two performance measures described below.
However, grantees also will be required to report additional
performance information, as required in DOL guidance on OMB Common
Measures and as described below. All performance outcomes will be
reported quarterly using an Internet-based reporting system for HVRP,
with access provided to successful grantees after the award process has
been completed.
There are two (2) outcome measures with established performance
targets for
[[Page 20476]]
HVRP grants. The first outcome measure is the placement rate with a
performance target for grantees and sub-awardee(s) to meet a minimum
placement rate of 61.5%. This is determined by dividing the number of
participants placed into employment by the total number of HVRP
participants. While the percentage of HVRP participants placed into
employment is an important outcome, it is also necessary to evaluate
and measure the program's longer-term results, through the 90-day and
180-day follow-up periods. The second outcome measure is retention
following placement with a performance target for grantees and sub-
awardee(s) to meet a minimum rate of retention of 58.5% at 180 days
following placement. This is determined by dividing the number of
participants retained in employment at 180 days following placement
divided by the total number of participants placed into employment.
While there is no performance target established for retention at 90
days following placement, grantees are required to collect and report
the rate of retention in employment at that point.
In applying the Common Measures, grantees will be required to
collect additional information according to the Common Measures
definitions but no performance targets for grantees will be established
according to those definitions during this period of performance. That
is because the baseline information required to establish performance
targets does not yet exist. Upon award, grantees will be provided with
detailed information regarding the specific information required to be
collected and reported. At this point, it is sufficient for grantees to
be aware of two requirements in addition to the requirements identified
above. First, it will be necessary for grantees to collect and report
on the rate of retention in employment at 270 days following placement
into employment. Second, at the 180-day and 270-day points of retention
in employment following placement, grantees will be required to collect
and report the average weekly earnings of those retained in employment.
This is calculated by multiplying each participant's hourly wage by the
average number of hours per week that the participant was employed
during the previous quarter.
The applicant's program should be based on a results-oriented
model. The first phase of activity should consist of the level of
outreach necessary to introduce the program to eligible homeless
veterans. Outreach also includes establishing contact with other
agencies that encounter homeless veterans. Once the eligible homeless
veterans have been identified, an assessment must be made of each
individual's abilities, interests, needs, and barriers to employment.
In some cases, participants may require referrals to services such as
rehabilitation, drug or alcohol treatment, or a temporary shelter
before they can be enrolled into the HVRP program. Once the eligible
homeless veteran is stabilized, the assessment must concentrate on the
employability of the individual and whether the individual is to be
enrolled into the HVRP program.
A determination should be made as to whether the HVRP participant
would benefit from pre-employment preparation such as resume writing,
job search workshops, related employment counseling, and case
management, or possibly an initial entry into the job market through
temporary jobs. Additionally, sheltered work environments such as the
Department of Veterans Affairs Compensated Work Therapy Program,
classroom training, and/or on-the-job training must be evaluated. Such
services should be noted in an Individual Employment Plan to facilitate
the staff's successful monitoring of the participant's progress. Entry
into full-time employment or a specific job-training program should
follow, in keeping with the overall objective of HVRP, to bring the
participant closer to self-sufficiency. The grantee should provide or
arrange for these supportive services that will enable the HVRP
participant to successfully perform all the activities specified in the
Individual Employment Plan.
Job development, a crucial part of the employability process,
usually occurs when there are no competitive job openings that the HVRP
participant is qualified to apply for; therefore, a job opportunity
with an employer is created, developed, and customized specifically for
that HVRP participant. HVRP participants who are ready to enter
employment and are in need of intensive case management services for
employment purposes are to be referred to the DVOP and LVER staff at a
One-Stop Career Center. DVOP and LVER staff are able to provide HVRP
participants the following services: job development, employment
services, case management for employment purposes, and career
counseling. Most DVOP and LVER staff received training in case
management for employment purposes at the National Veterans' Training
Institute. All DVOP and LVER staff provide employment-related services
to veterans who are most at a disadvantage in the labor market. VETS
recommends working hand-in-hand with DVOP/LVER and other One-Stop
Career Center staff to achieve economies of resources and to avoid
duplication of services. DVOP/LVER staff may also be able to provide
grantees and sub-awardee(s) valuable assistance in tracking
participants within their State wage record management information
system for follow-up purposes at 90 and 180 days after a participant
enters employment.
The applicant's program must include tracking of program
participants. Participant tracking should begin with the referral to
supportive services and training activities and continue at placement
into employment and through the 90-day and 180-day follow-up periods
after entering employment. It is important that the grantee and sub-
awardee(s) maintain contact with veterans after placement to ensure
that employment-related problems are addressed. The 90-day and 180-day
follow-ups are fundamental to assessing program results. Grantees and
sub-awardee(s) need to budget for 90-day and 180-day follow-up activity
so that it can be performed for those participants placed at or near
the end of the grant performance period. All grantees and sub-
awardee(s), prior to the end of the grant performance period, must
obligate sufficient funds to ensure that follow-up activities are
completed. Such results will be reported in the final technical
performance report.
II. Award Information
1. Type of Funding Instrument
One (1) year grant with optional funding for an additional two
years.
Note: Selection of an organization as a grantee does not
constitute final approval of the grant application as submitted.
Before the actual grant is awarded, USDOL may enter into
negotiations about such items as program components, staffing, and
funding levels, and administrative systems in place to support grant
implementation. If the negotiations do not result in a mutually
acceptable submission, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the application.
2. Funding Levels
The total funding available for this Non-Urban HVRP solicitation is
up to $1,400,000. It is anticipated that approximately seven (7) awards
will be made under this solicitation. Awards are expected to range from
a minimum of $75,000 to a maximum of $200,000. The Department of Labor
reserves the right to negotiate the amounts to be awarded under this
competition. Please be advised that requests exceeding
[[Page 20477]]
$200,000 will be considered non-responsive and will not be evaluated.
If there are any residual programmatic funds, the Department of Labor
reserves the right to select for funding the next highest scoring
applicant(s) on the competitive list developed for this SGA up to one
(1) year after the initial performance period begins or June 30, 2007.
3. Period of Performance
The period of performance will be for the twelve (12) month period
of July 1, 2006 to June 30, 2007, unless modified by the Grant Officer.
It is expected that successful applicants will begin program operations
under this solicitation on July 1, 2006. All program funds must be
obligated by June 30, 2007; a limited amount of funds may be obligated
and reserved for follow-up activities and closeout.
4. Optional Year Funding
Should Congress appropriate additional funds for this purpose, VETS
may consider up to two (2) additional years of optional funding. The
Government does not, however, guarantee optional year funding for any
grantee or sub-awardee(s). In deciding whether to exercise any optional
year(s) of funding, VETS will consider grantee and sub-awardee(s)
performance during the previous period of operations as follows:
A. The grantee and sub-awardee(s) must meet, at minimum, 90% of
planned cumulative goals for Federal expenditures, enrollments,
placements into employment, and training by the end of the third
quarter; and
B. The grantee and sub-awardee(s) must have complied with all terms
identified in the Solicitation for Grant Application (SGA), grant award
document, and General and Special Grant Provisions; and
C. All program and fiscal reports must have been submitted by the
established due dates and the grantee and sub-awardee(s) must verify
these reports for accuracy purposes.
III. Eligibility Information
1. Eligible Applicants
Applications for funds will be accepted from State and local
Workforce Investment Boards, local public agencies, for-profit/
commercial entities, and non-profit organizations, including faith-
based and community organizations. Applicants must have a familiarity
with the area and population to be served and the ability to administer
an effective and timely program.
Eligible applicants will generally fall into one of the following
categories:
State and local Workforce Investment Boards (WIBs),
established under Sections 111 and 117 of the Workforce Investment Act.
Public agencies, meaning any public agency of a State or
of a general purpose political subdivision of a State that has the
power to levy taxes and spend funds, as well as general corporate and
police powers. (This typically refers to cities and counties.) A State
agency may propose in its application to serve one or more of the
jurisdictions located in its State. This does not preclude a city or
county agency from submitting an application to serve its own
jurisdiction.
For-profit/commercial entities.
Non-profit organizations (including faith-based and
community organizations). If claiming 501(c)(3) status, the Internal
Revenue Service statement indicating 501(c)(3) status approval must be
submitted.
Note that entities organized under Section 501(c)(4) of the
Internal Revenue Code that engage in lobbying activities are not
eligible to receive funds under this announcement. Section 18 of the
Lobbying Disclosure Act of 1995, Public Law 104-65, 109 Stat. 691 (2
U.S.C. 1611) prohibits instituting an award, grant, or loan of federal
funds to 501(c)(4) entities that engage in lobbying.
2. Cost Sharing
Cost sharing and matching funds are not required. However, we do
encourage grantees and sub-awardee(s) to maximize the resources
available to the HVRP program and it's participants.
3. Other Eligibility Criteria
A. The only jurisdictions that are eligible to be served through
this non-urban competition for HVRPs are the geographical areas in the
United States other than the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico (see Appendix G for a list of the jurisdictions that are not
eligible to be served by the non-urban competition for HVRPs).
B. The proposal must include a participant outreach component that
uses DVOP/LVER staff and/or trained outreach staff. Programs must be
``employment-focused.'' An ``employment-focused'' program is a program
directed toward: (1) Increasing the employability of homeless veterans
through training or arranging for the provision of services that will
enable them to reintegrate into the labor force and (2) matching
homeless veterans with potential employers and/or entrepreneurial
opportunities.
C. Applicants are encouraged to utilize, through partnerships or
sub-awards, experienced public agencies, private non-profit
organizations, private businesses, faith-based and community
organizations, and colleges and universities (especially those with
traditionally high enrollments of minorities) that have an
understanding of unemployment and the barriers to employment unique to
homeless veterans, a familiarity with the area to be served, linkages
with the One-Stop Career Center(s), and the capability to effectively
provide the necessary services.
D. Legal rules pertaining to inherently religious activities by
organization that receive Federal Financial Assistance. Neutral, non-
religious criteria that neither favor nor disfavor religion will be
employed in the selection of grant recipients and must be employed by
grantees or in the selection of sub-awardee(s). The government is
generally prohibited from providing direct financial assistance for
inherently religious activities. These grants may not be used for
religious instruction, worship, prayer, proselytizing or their
inherently religious activities. In this context, the term direct
financial assistance means financial assistance that is provided
directly by a government entity or an intermediate organization, as
opposed to financial assistance that an organization receives as the
result of the genuine and independent private choice of a beneficiary.
In other contexts, the term ``direct'' financial assistance may be used
to refer to financial assistance that an organization receives directly
from the Federal government (also known as ``discretionary''
assistance), as opposed to assistance that it receives from a State or
local government (also known as ``indirect'' or ``block'' grant
assistance). The term ``direct'' has the former meaning throughout this
SGA.
E. To be eligible for enrollment as a participant under this HVRP
grant an individual must be homeless and a veteran defined as follows:
The term ``homeless or homeless individual'' includes
persons who lack a fixed, regular, and adequate nighttime residence. It
also includes persons whose primary nighttime residence is either a
supervised public or private shelter designed to provide temporary
living accommodations; an institution that provides a temporary
residence for individuals intended to be institutionalized; or a public
or private place not designed for, or ordinarily used as, a regular
sleeping
[[Page 20478]]
accommodation for human beings. [42 U.S.C. 11302(a)].
The term ``veteran'' means a person who served in the
active military, naval, or air service, and who was discharged or
released under conditions other than dishonorable. [38 U.S.C. 101(2)].
IV. Application and Submission Information
1. Address To Request an Application and Amendments
This SGA, together with its attachments, includes all the
information needed to apply. Additional application packages and
amendments to this SGA may be obtained from the VETS Web site address
at http://www.dol.gov/vets, Federal Grant Opportunities Web site
address at http://www.grants.gov, and from the Federal Register Web
site address at http://www.gpoaccess.gov/fr/index.html. The Federal
Register may also be obtained from your nearest government office or
library. Additional copies of the standard forms can be downloaded
from: http://www.whitehouse.gov/omb/grants/grants_forms.html.
All grant applications are to be mailed to: Department of Labor,
Procurement Services Center, Attention: Cassandra Mitchell, Reference
SGA 06-02, 200 Constitution Avenue, NW., Room N-5416,
Washington, DC 20210, Phone Number: (202) 693-4570 (this is not a toll-
free number).
Applicants may also apply online at http://www.grants.gov.
Applicants submitting proposals online are requested to refrain from
mailing a hard copy application as well. It is strongly recommended
that applicants using http://www.grants.gov immediately initiate and
complete the ``Get Started'' registration steps at http://www.grants.gov/GetStarted. These steps may take multiple days to
complete, and this time should be factored into plans for electronic
submission in order to avoid facing unexpected delays that could result
in the rejection of an application. If submitting electronically
through http://www.grants.gov it would be appreciated if the
application submitted is saved as .doc, .pdf, or .txt files.
Any application received after the deadline will be
considered as non-responsive and will not be evaluated.
2. Content and Form of Application
The application must include the name, address, telephone number,
fax number, and e-mail address (if applicable) of a key contact person
at the applicant's organization in case questions should arise. To be
considered responsive to this solicitation the application must consist
of three (3) separate and distinct sections: The Executive Summary, the
Technical Proposal, and the Cost Proposal. The information provided in
these three (3) sections is essential to demonstrate an understanding
of the programmatic and fiscal contents of the grant proposal.
A complete grant application package must not exceed 75 single-
sided pages (8\1/2\'' x 11''), double-spaced, 12-point font, typed
pages (all attachments are included in the 75 page maximum).
Applications that contain more than 75 pages total will be considered
non-responsive. Major sections and sub-sections of the application
should be divided and clearly identified (e.g., with tab dividers), and
all pages shall be numbered. To be considered responsive grant
applications are to include:
An original, blue ink-signed, and two (2) copies of the
cover letter.
An original and two (2) copies of the Executive Summary
(see below).
An original and two (2) copies of the Technical Proposal
(see below) that includes a completed Technical Performance Goals Form
(Appendix D). Also include all attachments with the technical proposal,
such as the applicant's information showing outcomes of employment and
training programs that it has had in the past three (3) years in terms
of enrollments and participants who have entered into employment.
An original and two (2) copies of the Cost Proposal (see
below) that includes an original, blue ink-signed, Application for
Federal Assistance, SF-424 (Appendix A), a Budget Narrative, Budget
Information Sheet SF-424A (Appendix B), an original, blue ink-signed,
Assurances and Certifications Signature Page (Appendix C), a Direct
Cost Description for Applicants and Sub-applicants (Appendix E), a
completed Survey on Ensuring Equal Opportunity for Applicants (Appendix
F), and the applicant's grant specific financial and/or audit statement
dated within the last 18 months (does not count towards the 75 page
limitation).
A. Section 1--Executive Summary: A one to two page ``Executive
Summary'' reflecting the grantee's and sub-awardee(s) proposed overall
strategy, timeline, and outcomes to be achieved in their grant proposal
is required. The Executive Summary should include:
The proposed area to be served through the activities of
this grant application.
The grantee's experience in serving the residents in the
proposed service area.
The proposed projects and activities that will expedite
the reintegration of homeless veterans into the workforce.
A summary of anticipated outcomes, benefits, and value
added by the project.
B. Section 2--Technical Proposal consists of a narrative proposal
that demonstrates the need for this particular grant program, the
services and activities proposed to obtain successful outcomes for the
homeless veterans to be served; and the applicant's ability to
accomplish the expected outcomes of the proposed project design. All
applications must respond to the requirements for the program concept,
required activities, and results oriented model set forth in Section I
of the SGA.
Required Content: There are program activities that all
applications must contain to be found technically acceptable under this
SGA. Programs must be ``employment-focused'' and must be responsive to
the rating criteria in Section V(1). The required program activities
are: Participant outreach and project awareness activities, pre-
enrollment assessments, individual employment plans for each
participant, case management, job placement, job retention follow-up
(at 90 and 180 days) after individual enters employment, utilization
and coordination of employment services through the One-Stop Career
Center System, including the DVOP and LVER staff, and with community
linkages with other programs that provide support to homeless veterans.
All applicants must respond to the requirements for the program
concept, required activities and results-oriented model are described
in Section I.3. of the SGA.
The following format for the technical proposal is recommended:
Need for the program: The applicant must identify the geographical
area to be served and provide an estimate of the number of homeless
veterans in the designated geographical area. Include poverty and
unemployment rates in the area and identify the disparities in the
local community infrastructure that exacerbate the employment barriers
faced by the targeted veterans. Include labor market information and
job opportunities in the employment fields and industries that are in
demand in the geographical area to be served. Applicants are to clearly
describe the proposed program awareness and participant outreach
strategies.
Approach or strategy to increase employment and job retention:
Applicants must be responsive to the
[[Page 20479]]
Rating Criteria contained in Section V(1) and address all of the rating
factors as thoroughly as possible in the narrative. The applicant must:
Describe the specific employment and training services to
be provided under this grant and the sequence or flow of such services;
Indicate the type(s) of training that will be provided
under the grant and how it relates to the jobs that are in demand,
length of training, training curriculum, and how the training will
improve the eligible veterans' employment opportunities within that
geographical area;
Provide a follow-up plan that addresses retention after 90
and 180 days with participants who have entered employment;
Include the completed Planned Quarterly Technical
Performance Goals (and planned expenditures) form listed in Appendix D.
If the Planned Quarterly Technical Performance Goals form listed in
Appendix D is not submitted, the grant application package will be
considered as non-responsive.
Linkages with facilities that serve homeless veterans: Describe
program and resource linkages with other facilities that will be
involved in identifying potential clients for this program. Applicants
are encouraged to submit a list of their local area network of service
providers that offer and provide services to benefit HVRP participants.
Describe any networks with other related resources and/or other
programs that serve homeless veterans. Indicate how the program will be
coordinated with any efforts that are conducted by public and private
agencies in the community. Indicate how the applicant will coordinate
with any continuum of care efforts for the homeless among agencies in
the community. If a Memorandum of Understanding (MOU) or other service
agreement with service providers exists, copies should be provided.
Linkages with other providers of employment and training services
to homeless veterans: Describe the linkages, networks, and
relationships the proposed program will have with other providers of
services to homeless veterans; include a description of the
relationship with other employment and training programs in the One-
Stop Career Center System such as Disabled Veterans' Outreach Program
(DVOP), the Local Veterans' Employment Representative (LVER) program,
and programs under the Workforce Investment Act such as the Veterans'
Workforce Investment Program (VWIP); list the type of services that
will be provided by each. Note the type of agreement in place, if
applicable. Linkages with the workforce investment system are required.
Describe any networks with any other resources and/or other programs
for homeless veterans. If a MOU or other service agreement with other
service providers exists, copies should be provided.
Linkages with other Federal agencies: Describe program and resource
linkages with the Department of Housing and Urban Development (HUD),
Department of Health and Human Services (HHS), and Department of
Veterans Affairs (DVA), to include the Compensated Work Therapy (CWT)
and Grant and Per Diem programs. If a MOU or other service agreement
with other service providers exists, copies should be provided.
Proposed supportive service strategy for veterans: Describe how
supportive service resources for veterans will be obtained and used. If
resources are provided by other sources or linkages, such as Federal,
State, local, or faith-based and community programs, the applicant must
fully explain the use of these resources and how they will be applied.
If a MOU or other service agreement with other service providers exist,
copies should be provided.
Organizational capability to provide required program activities:
The applicant's relevant current and prior experience (within the last
three year period) in operating employment and training programs is to
be clearly described, if applicable. A summary narrative of program
experience and employment and training performance outcomes is
required. The applicant must provide information showing outcomes of
employment and training programs that it has had in the past three (3)
years in terms of enrollments and participants who have entered into
employment. An applicant that has operated a HVRP, other homeless
employment and training program, or VWIP program must also include the
final or most recent cumulative quarterly technical performance report.
Please note that the Department of Labor grant review panel
members, who will be reviewing all grant applications submitted as a
result of this SGA, do not have access to any reporting information
systems during the review process, therefore, if final or most recent
cumulative quarterly technical performance reports are not submitted,
the grant application may be considered non-responsive.
The applicant must also provide evidence of key staff capability to
include resumes, staff biographies organizational charts, statements of
work, and etc. It is preferred that the grantee and sub-awardee(s) be a
well established service provider and not in the initial start-up phase
or process.
Proposed housing strategy for homeless veterans: Describe how
housing resources for eligible homeless veterans will be obtained or
accessed. These resources must be from linkages or sources other than
the HVRP grant such as HUD, HHS, community housing resources, DVA Grant
and Per Diem Program, or other local housing programs.
C. Section 3--The Cost Proposal must contain the following:
Applicants can expect that the cost proposal will be reviewed for
allocability, allowability, and reasonableness.
(1) Standard Form SF-424, ``Application for Federal Assistance''
(with the original signed in blue-ink) (Appendix A) must be completed.
The Catalog of Federal Domestic Assistance number for this program
is 17.805 and it must be entered on the SF-424, in Block 11.
The organizational unit section of Block 8 of the SF-424 must
contain the Dun and Bradstreet Number (DUNS) of the applicant.
Beginning October 1, 2003, all applicants for Federal grant funding
opportunities are required to include a DUNS number with their
application. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June
27, 2003). Applicants' DUNS number is to be entered into Block 8 of SF-
424. The DUNS number is a nine-digit identification number that
uniquely identifies business entities. There is no charge for obtaining
a DUNS number. To obtain a DUNS number call 1-866-705-5711 or access
the following Web site: http://www.dunandbradstreet.com/. Requests for
exemption from the DUNS number requirement must be made to the Office
of Management and Budget. If no DUNS number is provided then the grant
application will be considered non-responsive;
(2) Standard Form SF-424A ``Budget Information Sheet'' (Appendix B)
must be included;
(3) As an attachment to SF-424A, the applicant must provide a
detailed cost breakout of each line item on the Budget Information
Sheet. Please label this page or pages the ``Budget Narrative'' and
ensure that costs reported on the SF-424A correspond accurately with
the Budget Narrative;
The Budget Narrative must include, at a minimum:
Breakout of all personnel costs by position, title, annual
salary rates, and percent of time of each position to be devoted to the
proposed project (including sub-grantees) by completing the ``Direct
Cost Descriptions for
[[Page 20480]]
Applicants and Sub-Applicants'' form (Appendix E);
Explanation and breakout of extraordinary fringe benefit
rates and associated charges (i.e., rates exceeding 35% of salaries and
wages);
Explanation of the purpose and composition of, and
methodology used to derive the costs of each of the following: travel,
equipment, supplies, sub-awards/contracts, and any other costs. The
applicant must include costs of any required travel described in this
Solicitation. Planned travel expenditures may not exceed 5% of the
total HVRP funds requested. Mileage charges may not exceed 44.5 cents
per mile or the current Federal rate;
All associated costs for obtaining and retaining
participant information pertinent to the follow-up survey, at 90 and
180 days after the program performance period ends;
Description/specification of, and justification for,
equipment purchases, if any. Tangible, non-expendable, personal
property having a useful life of more than one year and a unit
acquisition cost of $5,000 or more per unit must be specifically
identified; and
Matching funds, leveraged funds, and in-kind services are
not required for HVRP grants. However, if matching funds, leverage
funds, or in-kind services are to be used, an identification of all
sources of leveraged or matching funds and an explanation of the
derivation of the value of matching/in-kind services must be provided.
When resources such as matching funds, leveraged funds, and/or the
value of in-kind contributions are made available, please describe in
Section B of the Budget Information Sheet.
(4) A completed Assurance and Certification signature page
(Appendix C) (signed in blue ink) must be submitted;
(5) All applicants must submit evidence of satisfactory financial
management capability, which must include recent (within the last 18
months) grant specific financial and/or audit statements (does not
count towards the 75 page limitation). All successful grantees and sub-
awardee(s) are required to utilize Generally Accepted Accounting
Practices (GAAP), maintain a separate accounting for these grant funds,
and have a checking account;
(6) All applicants must include, as a separate appendix, a list of
all employment and training government grants and contracts that they
have had in the past three (3) years, including grant/contract officer
contact information. VETS reserves the right to have a DOL
representative review and verify this data;
(7) A completed Survey on Ensuring Equal Opportunity for Applicants
(Appendix F) must be provided.
3. Submission Dates and Times (Acceptable Methods of Submission)
The grant application package must be received at the designated
place by the date and time specified or it will not be considered. Any
application received at the Office of Procurement Services after 5 p.m.
e.d.t., May 22, 2006, will not be considered unless it is received
before the award is made and:
It is determined by the Government that the late receipt
was due solely to mishandling by the Government after receipt at the
U.S. Department of Labor at the address indicated; or
It was sent by registered or certified mail not later than
the fifth calendar day before May 22, 2006; or
It was sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee, not later than 5 p.m. at the place of
mailing two (2) working days, excluding weekends and Federal holidays,
prior to May 22, 2006.
The only acceptable evidence to establish the date of mailing of a
late application sent by registered or certified mail is the U.S.
Postal Service postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. If the postmark is not legible,
an application received after the above closing time and date shall be
processed as if mailed late. ``Postmark'' means a printed, stamped or
otherwise placed impression (not a postage meter machine impression)
that is readily identifiable without further action as having been
applied and affixed by an employee of the U.S. Postal Service on the
date of mailing. Therefore applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper. Applications cannot be
accepted by e-mail or facsimile machine.
The only acceptable evidence to establish the date of mailing of a
late application sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee is the date entered by the Post Office
clerk on the ``Express Mail Next Day Service-Post Office to Addressee''
label and the postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. ``Postmark'' has the same meaning
as defined above. Therefore, applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper.
The only acceptable evidence to establish the time of receipt at
the U.S. Department of Labor is the date/time stamp of the Procurement
Services Center on the application wrapper or other documentary
evidence or receipt maintained by that office. Applications sent by
other delivery services, such as Federal Express, UPS, etc., will also
be accepted.
All applicants are advised that U.S. mail delivery in the
Washington, DC area has been erratic due to security concerns. All
applicants must take this into consideration when preparing to meet the
application deadline, as you assume the risk for ensuring a timely
submission, that is, if, because of these mail problems, the Department
does not receive an application or receives it too late to give proper
consideration, even if it was timely mailed, the Department is not
required to consider the application.
4. Intergovernmental Review
Not Applicable.
5. Funding Restrictions
A. Proposals exceeding $200,000 will be considered non-responsive
and will not be evaluated.
B. There is a limit of one (1) application per submitting
organization and physical location serving the same HVRP participant
population. If two (2) original applications from the same organization
for the same physical location serving the same HVRP participant
population are submitted, the application with the later date will be
considered as non-responsive. Please do not submit duplicate original
grant applications as only one (1) grant application will be considered
for funding purposes.
C. Due to the limited availability of funding, if an organization
was awarded Fiscal Year 2004 or Fiscal Year 2005 HVRP funds for a
specific physical location serving the same HVRP participant population
and will be applying for second and possible third year funding in PY
2006, then that organization at that specific physical location serving
the same HVRP participant population will be considered ineligible to
compete for these FY 2006 HVRP funds. Therefore, due to the limited
funding availability, we are unable to award more than one (1) HVRP
grant per organization at a specific physical location serving the same
HVRP participant population. A separate Director's Memorandum Number
09-06 has been issued for grantees that are eligible to apply for
second and third optional year funding
[[Page 20481]]
that includes detailed instructions on how to apply for these funds.
D. There will not be reimbursement of pre-award costs unless
specifically agreed upon in writing by the Department of Labor.
E. Entities described in Section 501(c)(4) of the Internal Revenue
Code that engage in lobbying activities are not eligible to receive
funds under this announcement because Section 18 of the Lobbying
Disclosure Act of 1995, Public Law No. 104-65, 109 Stat. 691, prohibits
the award of Federal funds to these entities.
F. The only potential areas that will be served through this Non-
Urban competition for HVRPs in FY 2006 are the geographic areas in the
United States other than the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico (see Appendix G).
G. Limitations on Administrative and Indirect Costs:
Administrative costs, which consist of all direct and
indirect costs associated with the supervision and management of the
program, are limited to and may not exceed 20% of the total grant
award.
Indirect costs claimed by the applicant must be based on a
Federally approved rate. A copy of the current negotiated approved and
signed indirect cost negotiation agreement must be submitted with the
application. Furthermore, indirect costs are considered a part of
administrative costs for HVRP purposes and, therefore, may not exceed
20% of the total grant award.
If the applicant does not presently have an approved
indirect cost rate, a proposed rate with justification may be
submitted. Successful applicants will be required to negotiate an
acceptable and allowable rate within 90 days of grant award with the
appropriate DOL Regional Office of Cost Determination or with the
applicant's cognizant agency for indirect cost rates (See Office of
Management and Budget Web site at http://www.whitehouse.gov/omb/grants/attach.html).
Indirect cost rates traceable and trackable through the
State Workforce Agency's Cost Accounting System represent an acceptable
means of allocating costs to DOL and, therefore, can be approved for
use in grants to State Workforce Agencies.
V. Application Review Information
1. Application Evaluation Criteria
Applications may receive up to 110 total points based on the
following criteria:
A. Need for the project: 10 points.
The applicant will document the need for this project, as
demonstrated by: (i) The potential number or concentration of homeless
individuals and homeless veterans in the proposed project area relative
to other similar areas; (ii) the rates of poverty and unemployment in
the proposed project area as determined by the census or other surveys;
and (iii) the extent of the gaps in the local infrastructure to
effectively address the employment barriers that characterize the
target population.
B. Overall strategy to increase employment and retention in
employment: 35 points [and up to 10 additional points (for a total of
45 points) if overall strategy includes an approach for addressing
barriers to employment faced by chronically homeless veterans as
described below.]
The application must include a description of the approach to
providing comprehensive employment and training services, including
outreach, pre-enrollment assessment, job training, job development,
obtaining employer commitments to hire, placement, and post-placement
follow-up services. Applicants must address how they will target
occupations that are locally in demand with career growth potential and
that will provide wages to ensure self-sufficiency for the participant.
Supportive services provided as part of the strategy of promoting job
readiness and job retention must be indicated. The applicant must
identify the local services and sources of training to be used for
participants. At least 80% of participants must participate in training
activities. A description of the relationship with other employment and
training programs delivered through the One-Stop Career Center System
must be specified. Applicants must indicate how the activities will be
tailored or responsive to the needs of homeless veterans. A participant
flow chart may be used to show the sequence and mix of services.
Additional Points: Up to an additional 10 points under this section
will be awarded to grant proposals that focus some of their effort on
addressing the barriers to employment faced by chronically homeless
veterans. A veteran who is ``chronically homeless'' is an unaccompanied
homeless individual with a disabling condition who has either been
continuously homeless for a year or more, OR who has had at least four
(4) episodes of homelessness in the past three (3) years. In order to
be considered chronically homeless, a person must have been sleeping in
a place not meant for human habitation (e.g., living on the streets)
and/or in an emergency homeless shelter. A disabling condition is
defined as a diagnosable substance use disorder, serious mental
illness, developmental disability, or chronic physical illness or
disability including the co-occurrence of two or more of these
conditions. A disabling condition limits an individual's ability to
work or perform one or more activities of daily living.
Note: The applicant must complete Appendix D, the Recommended
Format for Planned Quarterly Technical Performance Goals, with
proposed programmatic outcomes, including participants served,
placement/entered employments and job retention.
C. Quality and extent of linkages with other providers of services
to the homeless and to veterans: 20 points.
The application must provide information on the quality and extent
of the linkages this program will have with other providers of services
to homeless veterans in the local community including faith-based and
community organizations. For each service, the applicant must specify
who the provider is, the source of funding (if known), and the type of
linkages/referral system established or proposed. Describe, to the
extent possible, how the project would be incorporated into the local
community's continuum of care approach and the local community's ten
(10) year plan to end homelessness, if applicable (see Interagency
Council on Homelessness Web page at http://www.ich.gov for additional
information). Describe how the proposed project links to the
appropriate State Workforce Agency and One-Stop Career Center(s)
including coordination and collaboration with DVOP/LVER and other One-
Stop Career Center staff, HUD, HHS, DVA, and other local community-
based programs and the services that will be provided as necessary on
behalf of the homeless veteran participants to be served.
D. Demonstrated capability in providing required program services,
including programmatic reporting and participant tracking: 25 points.
The applicant must describe its relevant prior experience in
operating employment and training programs and providing services to
participants similar to those that are proposed under this
solicitation. Specific outcomes previously achieved by the applicant
must be described, such as number of enrollments, number of
participants that were placed into employment, cost per placement into
employment, benefits secured, network coalitions, etc. The applicant
must also address its capacity for timely startup of the program,
programmatic reporting, and participant tracking. The applicant should
describe
[[Page 20482]]
its staff experience and ability to manage the administrative,
programmatic, and financial aspects of a grant program. Include a
recent (within the last 18 months) grant specific financial statement
and/or audit (does not count towards the 75 page limitation). Final or
most recent financial and technical performance reports for other
relevant programs must be submitted, if applicable. Because prior HVRP
experience is not a requirement for this grant, some applicants may not
have any HVRP financial and technical performance reports to submit but
may have other similar type programmatic performance reports to submit
as evidence of experience in operating other employment and training
type programs.
E. Quality of overall housing strategy: 10 points.
The application must demonstrate how the applicant proposes to
obtain or access housing resources for participants in the program and
participants entering into the labor force. This discussion should
specify the provisions made to access temporary, transitional, and
permanent housing for participants through various community resources
such as HUD, DVA Grant and Per Diem Program, and other locally funded
housing programs. HVRP funds may not be used for housing purposes or
purchasing or leasing of vehicles.
2. Review and Selection Process
Grant applications will be reviewed by a Department of Labor grant
review panel using the point scoring system specified above in Section
V(1). The grant review panel will assign a score after objectively and
carefully evaluating each responsive grant application and all
responsive grant applications will be ranked based on this score. The
ranking will be the primary basis to identify applicants as potential
grantees. The grant review panel will establish a competitive range,
based upon the proposal evaluation, for the purpose of selecting
qualified applicants. For this solicitation, the minimum acceptable
score is 70.
The grant review panel, the Assistant Secretary for Veterans'
Employment and Training (ASVET), and Grant Officer may further evaluate
grant applications deemed within the competitive range in order to
compare goals of other grant applications deemed within the competitive
range. The grant review team, the ASVET, and the Grant Officer may
consider any information that comes to their attention, including past
performance of a previous grant, and will make a final selection
determination based on what is most advantageous to the Government,
considering factors such as grant review panel findings, geographical
presence of the applicants, existing grants, or the areas to be served
and the best value to the government, cost, and other factors
considered. The grant review panel's conclusions are advisory in nature
and not binding on the Grant Officer. However, if no application
receives at least that minimum score, the Grant Officer may either
designate no grantee or may designate an entity based on demonstrated
capability to provide the best services to the client population.
Further, the Grant Officer reserves the right to select applicants with
scores lower than the minimum or lower than the competing applications,
if such a selection would, in the Grant Officer's judgment, result in
the most effective and appropriate combination of services to grant
beneficiaries.
The grant review panel will screen all applicant cost proposals to
ensure expenses are allocable, allowable, and reasonable.
Determinations of allowable costs will be made in accordance with the
applicable Federal cost principles, e.g., Non-Profit Organizations--OMB
Circular A-122. Unallowable costs are those charges to a grant that a
grantor agency or its representatives determined not to be allowed in
accordance with the applicable Federal Cost Principles or other
conditions contained in the grant. If the grant review panel, ASVET,
and Grant Officer conclude that the cost proposal contains an
expense(s) that is not allocable, allowable, and/or reasonable, the
application may be considered ineligible for funding. Further, the
grant review team, the ASVET, and the Grant Officer will consider
applicant information concerning the proposed cost per placement,
percentage of participants placed into unsubsidized employment, average
wage at placement, and 90 and 180-day retention in employment
percentages. The national average cost per placement for HVRP for last
year was $2,200. The Government reserves the right to ask the applicant
for clarification on any aspect of a grant application. The Grant
Officer may consult with the Department of Labor staff on any potential
grantee and/or sub-awardee(s) concerns. The Grant Officer's
determination for award under SGA 06-02 is the final agency
action. The submission of the same proposal from any prior year HVRP
competition does not guarantee an award under this Solicitation.
3. Anticipated Announcement and Award Dates
Announcement of this award is expected to occur by June 20, 2006.
The grant agreement will be awarded by no later than July 1, 2006.
VI. Award Administration Information
1. Award Notices
A. The Notice of Award signed by the Grant Officer is the
authorizing document and will be provided through postal mail and/or by
electronic means to the authorized representative listed on the SF-424
Grant Application. Notice that an organization has been selected as a
grant recipient does not constitute final approval of the grant
application as submitted. Before the actual grant award, the Grant
Officer and/or the Grant Officer's Technical Representative may enter
into negotiations concerning such items as program components, funding
levels, and administrative systems. If the negotiations do not result
in an acceptable submittal, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the proposal.
B. A post-award conference will be held for those grantees awarded
FY 2006 HVRP funds through this competition. The post-award conference
is expected to be held in August 2006 and up to two (2) grant recipient
representatives must be present. The site of the post-award conference
has not yet been determined, however, for planning and budgeting
purposes, applicants should allot four (4) days and use Washington, DC
as the conference site. The post-award conference will focus on
providing information and assistance on reporting, recordkeeping, grant
requirements, and also include networking opportunities to learn of
best practices from more experienced and successful grantees and sub-
awardee(s). Costs associated with attending this conference for up to
two (2) grantee representatives will be allowed as long as they are
incurred in accordance with Federal travel regulations. Such costs must
be charged as administrative costs and reflected in the proposed
budget.
2. Administrative and National Policy Requirements
All grantees and sub-awardees must comply with the provisions of
Title 38 U.S.C. and its regulations, as applicable.
A. Administrative Program Requirements
All grantees and sub-awardees, including faith-based organizations,
will
[[Page 20483]]
be subject to applicable Federal laws (including provisions of
appropriations law), regulations, and the applicable Office of
Management and Budget (OMB) Circulars. The grant(s) awarded under this
SGA will be subject to the following administrative standards and
provisions, if applicable:
29 CFR part 2--General Participation in Department of
Labor Programs by Faith-Based and Community Organizations; Equal
Treatment of All Department of Labor Program Participants and
Beneficiaries.
29 CFR part 30--Equal Employment Opportunity in
Apprenticeship and Training.
29 CFR part 31--Nondiscrimination in Federally Assisted
Programs of the Department of Labor--Effectuation of Title VI of the
Civil Rights Act of 1964.
29 CFR part 32--Nondiscrimination on the Basis of Handicap
in Programs or Activities Receiving Federal Financial Assistance.
29 CFR part 33--Enforcement of Nondiscrimination on the
Basis of Handicap in Programs or Activities Conducted by the Department
of Labor.
29 CFR part 35--Nondiscrimination on the Basis of Age in
Programs and Activities Receiving Federal Financial Assistance from the
Department of Labor.
29 CFR part 36--Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Assistance.
29 CFR part 37--Implementation of the Nondiscrimination
and Equal Opportunity Provisions of the Workforce Investment Act of
1998.
29 CFR part 93--New Restrictions on Lobbying.
29 CFR part 94--Government-wide Requirements for Drug-Free
Workplace (Financial Assistance).
29 CFR part 95--Grants and Agreements with Institutions of
Higher Education, Hospitals, and other Non-Profit Organizations, and
with Commercial Organizations.
29 CFR part 96--Audit Requirements for Grants, Contracts
and Other Agreements.
29 CFR part 97--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
29 CFR part 98--Government-wide Debarment and Suspension
(Non procurement).
29 CFR part 99--Audit of States, Local Governments, and
Non-Profit Organizations.
Applicable cost principles and audit requirements under
OMB Circulars A-21, A-87, A-110, A-122, A-133, and 48 CFR part 31.
In accordance with Section 18 of the Lobbying Disclosure
Act of 1995, Public Law 104-65 (2 U.S.C. 1611), non-profit entities
incorporated under 501(c)(4) that engage in lobbying activities are not
eligible to receive Federal funds and grants.
38 U.S.C. 4215--Requirements for priority of service for
veterans in all Department of Labor training programs.
3. Electronic Reporting
All HVRP grantees will enter data and electronically attach their
quarterly technical performance and financial status reports, success
stories, etc. into the U.S. Department of Labor, Veterans' Employment
and Training Service, Outcomes and Performance Accountability Reporting
(VOPAR) System according to the reporting requirements and timetables
described below.
A. Quarterly Financial Reports
No later than 30 days after the end of each Federal fiscal quarter,
the grantee must report outlays, program income, and other financial
information on a Federal fiscal quarterly basis using SF-269, Financial
Status Report, Long Form, and submit a copy of the HHS/PMS 272 draw
down report. These reports must cite the assigned grant number.
B. Quarterly Program Reports
No later than 30 days after the end of each Federal fiscal quarter,
grantees also must submit a Quarterly Technical Narrative Performance
Report that contains the following:
(1) A comparison of actual accomplishments to planned goals for the
reporting period and any findings related to monitoring efforts;
(2) An explanation for variances of plus or minus 15% of planned
program and/or expenditure goals, to include: identification of
corrective action that will be taken to meet the planned goals, if
required; and a timetable for accomplishment of the corrective action.
C. 90-Day Final Performance Report
No later than 120 days after the grant performance expiration date,
the grantee must submit a final report showing results and performance
as of the 90th day after the grant period, and containing the
following:
(1) Final Financial Status Report SF-269 Long Form (that zeros out
all unliquidated obligations); and
(2) Final Technical Performance Report comparing goals vs. actual
performance levels.
D. 180-Day Follow-Up Report/Longitudinal Survey
No later than 210 days after the grant performance expiration date,
the grantee must submit a Follow-Up Report/Longitudinal Survey showing
results and performance as of the 180th day after the grant expiration
date, and containing the following:
(1) Final Financial Status Report SF-269 Long Form (if not
previously submitted); and
(2) 180-Day Follow-Up Report/Longitudinal Survey identifying:
(a) The total combined (directed/assisted) number of veterans
placed into employment during the entire grant period;
(b) The number of veterans still employed after the 90 and 180 day
follow-up period;
(c) If the veterans are still employed at the same or similar job,
and if not, what are the reason(s);
(d) Whether training received was applicable to jobs held;
(e) Wages at placement and at the 90 and 180 day follow-up periods;
(f) An explanation of why those veterans placed during the grant,
but not employed at the end of the follow-up period, are not so
employed; and
(g) Any recommendations to improve the program.
Agency Contact
All questions regarding this SGA should be directed to Cassandra
Mitchell, e-mail address: [email protected], at tel: (202)
693-4570 (note this is not a toll-free number), or Eric Vogt, e-mail
address [email protected], also at tel. (202) 693-4570. To obtain
further information on the Homeless Veterans' Reintegration Program of
the U.S. Department of Labor, visit the USDOL Web site of the Veterans'
Employment and Training Service at http://www.dol.gov/vets.
VII. Other Information
A. Acknowledgement of USDOL Funding
1. Printed Materials: In all circumstances, the following shall be
displayed on printed materials prepared by the grantee while in receipt
of DOL grant funding: ``Preparation of this item was funded by the
United States Department of Labor under Grant No. [insert the
appropriate grant number].''
All printed materials must also include the following
notice: ``This document does not necessarily reflect the views or
policies of the U.S. Department of Labor, nor does mention of trade
names, commercial products, or organizations imply endorsement by the
U.S. Government.''
[[Page 20484]]
2. Public references to grant: When issuing statements, press
releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds must clearly
state:
The percentage of the total costs of the program or
project, which will be financed with Federal money;
The dollar amount of Federal financial assistance for the
project or program; and
The percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
B. Use of USDOL Logo
In consultation with USDOL, VETS, the grantee(s) must acknowledge
USDOL's role as described below:
The USDOL logo may be applied to USDOL-funded material
prepared for distribution, including posters, videos, pamphlets,
research documents, national survey results, impact evaluations, best
practice reports, and other publications of global interest. The
grantee(s) must consult with USDOL on whether the logo may be used on
any such items prior to final draft or final preparation for
distribution. In no event shall the USDOL logo be placed on any item
until USDOL has given the Grantee permission to use the logo on the
item.
All documents must include the following notice: ``This
documentation does not necessarily reflect the views or policies of the
U.S. Department of Labor, nor does mention of trade names, commercial
products, or organizations imply endorsement by the U.S. Government.''
Resources for the Applicant: The Department of Labor maintains a
number of Web-based resources that may be of assistance to applicants.
The Web page for the USDOL VETS at http://www.dol.gov/vets/programs/main.htm is a valuable source of information including the program
highlights and brochures, glossary of terms, frequently used acronyms,
general and special grant provisions, power point presentations on how
to apply for HVRP funding, On-Site Monitoring Visits, etc. The
Interagency Council on Homeless at Web page http://www.ich.gov has
information from various departments that assist homeless persons
including updated information on local community ten (10) year plans to
end homelessness and continuum of care plans. America's Service Locator
Web page at http://www.servicelocator.org provides a directory of our
nation's One-Stop Career Centers and http://www.workforce3one.org is
another Department of Labor resource site. The National Association of
Workforce Boards maintains a Web page at http://www.nawb.org/asp/wibdir.asp that contains contact information for the State and local
Workforce Investment Boards. Applicants may also review ``VETS'' Guide
to Competitive and Discretionary Grants'' located at Web page http://www.dol.gov/vets/grants/Final_VETS_Guide-linked.pdf. For a basic
understanding of the grants process and basic responsibilities of
receiving Federal grant support, please see ``Guidance for Faith-Based
and Community Organizations on Partnering with the Federal Government''
at Web pages http://www.whitehouse.gov/government/fbci and http://www.dol.gov/cfbci. Also, the National Coalition for Homeless Veterans
Web page at http://www.nchv.org.
Signed at Washington, DC, this 11th day of April, 2006.
Eric Vogt,
Grant Officer.
Appendices: (Located on U.S. Department of Labor, Veterans'
Employment and Training Service Web page http://www.dol.gov/vets,
follow link for the applicable SGA listed under announcements.)
Appendix A: Application for Federal Assistance SF-424.
Appendix B: Budget Information Sheet SF-424A.
Appendix C: Assurances and Certifications Signature Page.
Appendix D: Recommended Format for Planned Quarterly Technical
Performance Goals.
Appendix E: Direct Cost Descriptions for Applicants and Sub-
Applicants.
Appendix F: Survey on Ensuring Equal Opportunity for Applicants.
Appendix G: List of 75 Largest Cities Nationwide.
[FR Doc. 06-3628 Filed 4-19-06; 8:45 am]
BILLING CODE 4510-79-P | usgpo | 2024-10-08T14:08:33.462124 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3628.htm"
} |
FR | FR-2006-04-20/06-3627 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20484-20494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3627]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Veterans' Employment and Training Service
[SGA 06-03/PY 06]
Solicitation for Grant Applications (SGA); Veterans' Workforce
Investment Program (VWIP) Grants for Program Year (PY) 2006, July 1,
2006 Through June 30, 2007
AGENCY: Veterans' Employment and Training Service (VETS), Labor.
ACTION: Posting of SGA.
-----------------------------------------------------------------------
SUMMARY: The Veterans' Employment and Training Service is posting
availability of funds for the Veterans' Workforce Investment Program.
FOR FURTHER INFORMATION CONTACT: Cassandra Mitchell, Grants Management
Specialist, Procurement Services Center, at (202) 693-4570.
Date Extension: N/A.
DATES: The closing date for receipt of the application is May 22, 2006
at 5 p.m. (eastern time) at the address listed: U.S. Department of
Labor, Procurement Services Center, Attn: Cassandra Mitchell, Re: SGA
06-03, 200 Constitution Avenue, NW., Room N-5416, Washington,
DC 20210.
Executive Summary
The U.S. Department of Labor (USDOL), Veterans' Employment and
Training Service (VETS), announces a grant competition under the
Veterans' Workforce Investment Program (VWIP) for Program Year (PY)
2006, as authorized under Section 168 of the Workforce Investment Act
(WIA) of 1998. This Solicitation for Grant Applications (SGA) notice
contains all of the necessary information and forms needed to apply for
grant funding. Selected programs will assist eligible veterans by
providing employment, training, support services, credentialing,
networking information, and/or other assistance.
Under this Program Year (PY) 2006 SGA, VETS anticipates that up to
$6,900,000 will be available for grant awards up to a maximum of
$750,000 for each grant award. VETS expects to award approximately nine
(9) grants. The period of performance for these PY 2006 grants will be
July 1, 2006 through June 30, 2007. Two (2) optional years of
additional funding may be available, depending upon Congressional
appropriations, the agency's decision to exercise the optional year(s)
of funding, and satisfactory grantee and sub-awardee(s) performance.
I. Funding Opportunity Description
WIA section 168 amended the training programs made available to
veterans (see 29 U.S.C. 2913). WIA section 168 authorizes the
Department of Labor to make grants to meet the needs for workforce
investment activities of veterans with service-connected disabilities,
veterans who have significant barriers to employment, veterans who
served on active duty in the armed forces during a war or in a campaign
or expedition for which a campaign badge has been authorized, and
recently separated veterans within 48 months of discharge (under
[[Page 20485]]
conditions other than dishonorable). Veterans who received a
``dishonorable'' discharge are ineligible for VWIP services. Priority
of service for veterans in the Department of Labor training programs is
established in 38 U.S.C. 4215.
The Department of Labor is authorized to competitively award VWIP
grants to public agencies and private non-profit organizations
(including faith-based and community organizations) that the Secretary
determines to have an understanding of the unemployment problems of
veterans, familiarity with the area to be served, linkages with the
One-Stop Career Centers, and the capability to administer a program of
workforce investment activities for such veterans effectively.
1. Program Concept and Emphasis
VWIP grants are intended to address two objectives: (a) To provide
services to assist in reintegrating eligible veterans into meaningful
employment within the labor force; and (b) to stimulate the development
of effective service delivery systems that will address the complex
employability problems facing eligible veterans.
For this Program Year (PY) 2006 grant solicitation, VETS seeks
applicants that will provide services through a case management
approach that networks with Federal, State, and local resources for
veteran support programs. Successful applicants will propose clear
strategies and obtainable goals for employment and retention of
employment for eligible veterans.
Successful applicants will design programs that assist eligible
veterans by providing outreach, intake, pre-enrollment assessment, job
placement services, job training, counseling, mentoring, supportive
services, and other assistance to expedite the reintegration of
eligible veterans into the labor force. Grantees and sub-awardee(s) are
to coordinate efforts on behalf of participants with local One-Stop
Career Centers that provide employment and training services such as
basic skills instruction, training necessary to fill gaps in academic
or experiential requirements necessary for a license or professional
certification, remedial education activities, job search activities
including job search workshops, job counseling, job preparatory
training including resume writing and interviewing skills, subsidized
trial employment, on-the-job training, classroom training, and various
other employment related services. Some examples of employment
opportunities might include health care professions, information
technology, biotechnology, advanced manufacturing, financial services,
or other occupations where a license or certification is either
required or desirable. Successful applicants will also design programs
that are flexible in addressing the universal as well as the local or
regional problems that have had a negative impact on eligible veterans
reentering the 21st century workforce.
The VWIP in PY 2006 will seek to continue to strengthen development
of effective service delivery systems, to provide comprehensive
services through a case management approach that addresses complex
problems facing eligible veterans trying to transition into gainful
employment, and to improve strategies for employment and retention in
employment.
2. Project Awareness Program Information and Orientation Activities
In order to promote networking between the VWIP-funded program and
local service providers (and thereby eliminate gaps or duplication in
services and enhance the provision of assistance to participants), the
grantee and sub-awardee(s) must provide project orientation workshops
and program awareness activities that it determines are the most
feasible for providing information about the VWIP program to other
service providers. Grantees and sub-awardee(s) are encouraged to
propose strategies for incorporating small faith-based and community
organizations (defined as organizations with social services budgets of
$500,000 or less and ten (10) or fewer full-time employees) into their
outreach plans. Project orientation workshops conducted by grantees and
sub-awardee(s) have been an effective means of sharing information and
informing the community of the availability of other services; they are
encouraged, but not mandatory. Rather, grantees and sub-awardee(s) will
have the flexibility to attend service provider meetings, seminars, and
conferences, to outstation staff, and to develop individual service
contracts as well as to involve other agencies in program planning.
3. Coordination and Collaboration With the Disabled Veterans' Outreach
Program (DVOP) and Local Veterans' Employment Representative (LVER)
Staff at the One-Stop Career Center Office in Their Jurisdiction Is
Required
DVOP and LVER staff members are an integral part of the One-Stop
Career Centers. Additionally, wherever possible, DVOP and LVER staff
should be utilized for job development and placement activities for
veterans who are ready to enter employment and/or who are in need of
intensive case management services for employment purposes. Many of
these DVOP and LVER staff members have received training in case
management for employment purposes at the National Veterans Training
Institute and have a priority focus on assisting those veterans most at
a disadvantage in the labor market. VETS requires successful applicants
to collaborate and coordinate with DVOP and LVER staff to avoid
duplication of efforts and to achieve economies of resources.
4. Scope of Program Design
In addition to the activities described above, the project design
must include the following services:
A. Outreach, intake, assessment, peer counseling and mentoring to
the degree practical, employment services, and follow-up support
services to enhance retention in employment. Program staff providing
outreach services should have experience in dealing with, and an
understanding of the needs of, veterans. Outreach activities must
include and coordinate with the local Homeless Veterans' Reintegration
Program (HVRP), if applicable, and the Department of Veterans Affairs.
B. Provision of or referral to employment services such as: Job
search workshops, job counseling, assessment of skills, resume writing
techniques, interviewing skills, subsidized trial employment (work
experience), job development services, job placement into unsubsidized
employment, and job placement follow-up services to enhance retention
in employment.
C. Provision of or referral to training services such as: Basic
skills instruction, remedial education activities, life skills and
money management training, on-the-job training, classroom training,
vocational training, specialized and/or licensing training programs,
and other formal training programs as deemed appropriate to benefit the
participant. At least 80% of the enrolled VWIP participants must
participate in training activities.
D. Grantees and sub-awardee(s) must perform a preliminary
assessment of each participant's eligibility for Department of Veterans
Affairs (DVA) service-connected disability, compensation, and/or
pension benefits. As appropriate, grantees and sub-awardee(s) will work
with the veterans' service organizations or refer the participants to
DVA in order to file a claim for compensation or pension. Grantees and
sub-awardee(s) will track the progress of claims and report outcomes in
individual participant case management records.
[[Page 20486]]
E. Networking, collaborating, and coordinating efforts with
veterans' service organizations such as: The American Legion, Disabled
American Veterans, Veterans of Foreign Wars, Vietnam Veterans of
America, The American Veterans (AMVETS), or etc., to ensure
participants apply for and/or receive other veterans' benefits that
they may be eligible for.
F. Referral as necessary to health care, counseling, and
rehabilitative services including, but not limited to: Alcohol and drug
rehabilitation, therapeutic services, Post Traumatic Stress Disorder
(PTSD) services, and mental health services.
5. Results-Oriented Model
No specific model is mandatory, but successful applicants will
design a program that is responsive to the needs of the local community
and achieves the VWIP objectives. The VWIP objectives are to
successfully reintegrate veterans into the workforce and to stimulate
the development of effective service delivery systems that will address
the complex problems facing veterans. Under the Government Performance
and Results Act (GPRA), Congress and the public are looking for program
results rather than program processes. Priority of service for veterans
in the Department of Labor training programs is established in 38
U.S.C. 4215.
For purposes of assessing performance of grantees selected under
this SGA, VETS will focus on two performance measures described below.
However, grantees also will be required to report additional
performance information, as required in DOL guidance on OMB Common
Measures and as described below. All performance outcomes will be
reported quarterly using an Internet-based reporting system for VWIP,
with access provided to successful grantees after the award process has
been completed.
There are two (2) outcome measures with established performance
targets for VWIP grants. The first outcome measure is the placement
rate with a performance target for grantees and sub-awardee(s) to meet
a minimum placement rate of 61.5%. This is determined by dividing the
number of participants placed into employment by the total number of
VWIP participants. While the percentage of VWIP participants placed
into employment is an important outcome, it is also necessary to
evaluate and measure the program's longer-term results, through the 90-
day and 180-day follow-up periods. The second outcome measure is
retention following placement with a performance target for grantees
and sub-awardee(s) to meet a minimum rate of retention of 58.5% at 180
days following placement. This is determined by dividing the number of
participants retained in employment at 180 days following placement
divided by the total number of participants placed into employment.
While there is no performance target established for retention at 90
days following placement, grantees are required to collect and report
the rate of retention in employment at that point.
In applying the Common Measures, grantees will be required to
collect additional information according to the Common Measures
definitions but no performance targets for grantees will be established
according to those definitions during this period of performance. That
is because the baseline information required to establish performance
targets does not yet exist. Upon award, grantees will be provided with
detailed information regarding the specific information required to be
collected and reported. At this point, it is sufficient for grantees to
be aware of two requirements in addition to the requirements identified
above. First, it will be necessary for grantees to collect and report
on the rate of retention in employment at 270 days following placement
into employment. Second, at the 180 day and 270 day points of retention
in employment following placement, grantees will be required to collect
and report the average weekly earnings of those retained in employment.
This is calculated by multiplying each participant's hourly wage by the
average number of hours per week that the participant was employed
during the previous quarter.
The applicant's program should be based on a results-oriented
model. The first phase of activity should consist of the level of
outreach necessary to introduce the program to eligible veterans.
Outreach also includes establishing contact with other agencies that
encounter eligible veterans. Once the eligible veterans have been
identified, an assessment must be made of each individual's abilities,
interests, needs, and barriers to employment.
A determination should be made as to whether the VWIP enrolled
participant would benefit from pre-employment preparation such as
resume writing, job search workshops, related employment counseling,
and case management, or possibly an initial entry into the job market
through temporary jobs. Additionally, sheltered work environments such
as the Department of Veterans' Affairs Compensated Work Therapy
Program, classroom training, and/or on-the-job training must be
evaluated. Such services should be noted in an Individual Employment
Plan (IEP) to facilitate the staff's successful monitoring of the
participant's progress. Entry into full-time employment or a specific
job-training program should follow, in keeping with the overall
objective of VWIP, to assist the eligible veteran in finding and
obtaining meaningful employment. The grantee should provide or arrange
for these supportive services that will enable the VWIP enrolled
participant to successfully perform all the activities specified in the
IEP.
Job development, a crucial part of the employability process,
usually occurs when there are no competitive job openings that the
VWIP-enrolled participant is qualified to apply for; therefore, a job
opportunity with an employer is created, developed, and customized
specifically for that VWIP enrolled participant. VWIP-enrolled
participants who are ready to enter employment and/or who are in need
of intensive case management services or employment purposes are to be
referred to the DVOP and LVER staff at a One-Stop Career Center. DVOP
and LVER staff are able to provide VWIP participants the following
services: job development, employment services, case management for
employment purposes and career counseling. All DVOP and LVER staff
provides employment-related services to veterans who are most at a
disadvantage in the labor market. DVOP/LVER staff may also be able to
provide valuable assistance to grantees and sub-awardees in tracking
participants in their State wage record management information system
for follow-up purposes at 90 and 180 days after a participant enters
employment.
The applicant's program must include tracking of program
participants. Tracking should begin with the referral to supportive
services and training, continue through placement into employment and
through the 90-day and 180-day follow-up periods after entering
employment. It is important that the grantee and sub-awardee(s)
maintain contact with veterans after placement to ensure that
employment-related problems are addressed. The 90-day and 180-day
follow-ups are fundamental to assessing program results. Grantees and
sub-awardee(s) need to budget for 90-day and 180-day follow-up activity
so that it can be performed for those participants placed at or near
the end of the grant performance period. All grantees and sub-
awardee(s), prior to the end of the
[[Page 20487]]
grant performance period, must obligate sufficient funds to ensure that
follow-up activities are completed. Such results will be reported in
the final technical performance report.
II. Award Information
1. Type of Funding Instrument
One (1) year grant with optional funding for an additional two
years.
Note: Selection of an organization as a Grantee does not
constitute final approval of the grant application as submitted.
Before the actual grant is awarded, USDOL may enter into
negotiations about such items as program components, staffing, and
funding levels, and administrative systems in place to support grant
implementation. If the negotiations do not result in a mutually
acceptable submission, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the application.
2. Funding Levels
The total funding available for this VWIP solicitation is up to
$6,900,000. It is anticipated that approximately nine (9) awards will
be made under this solicitation. Awards are expected to range from a
minimum of $100,000 to a maximum of $750,000. Please be advised that
requests exceeding $750,000 will be considered non-responsive and will
not be evaluated. If there are any residual program funds the Grant
Officer may select the application(s) to award a grant up to one (1)
year after the initial performance period begins or June 30, 2007.
3. Period of Performance
The period of performance will be for the twelve (12) month period
of July 1, 2006 to June 30, 2007, unless modified by the Grant Officer.
It is expected that successful applicants will begin program operations
under this solicitation on July 1, 2006. All program funds must be
obligated by June 30, 2007; a limited amount of funds may be obligated
and reserved for follow-up activities and closeout.
4. Optional Year Funding
Should Congress appropriate additional funds for this purpose, VETS
may consider up to two (2) additional years of optional funding. The
Government does not, however, guarantee optional year funding for any
grantee or sub-awardee(s). In deciding whether to exercise any optional
year(s) of funding, VETS will consider grantee and sub-awardee(s)
performance during the previous period of operations as follows:
A. The grantee and sub-awardee(s) must meet, at minimum, 90% of
planned cumulative goals for Federal expenditures, enrollments,
placements into employment, and training by the end of the third
quarter; and
B. The grantee and sub-awardee(s) must have complied with all terms
identified in the Solicitation for Grant Application (SGA), General and
Special Grant Provisions, and grant award document; and
C. All program and fiscal reports must have been submitted by the
established due dates and must be verified for accuracy.
III. Eligibility Information
1. Eligible Applicants
Applications for funds will be accepted from public agencies and
non-profit organizations, including faith-based and community
organizations, that are determined to have familiarity with the area
and population to be served and can administer an effective program,
under WIA section 168(a)(2).
Eligible applicants generally fall into one of the following
categories:
State and local Workforce Investment Boards (WIBs),
established under Sections 111 and 117 of the Workforce Investment Act.
Public agencies, meaning any public agency of a State or
of a general purpose political subdivision of a State that has the
power to levy taxes and spend funds, as well as general corporate and
police powers. (This typically refers to cities and counties.) A State
agency may propose in its application to serve one or more of the
jurisdictions located in its State. This does not preclude a city or
county agency from submitting an application to serve its own
jurisdiction.
Non-profit organizations (including faith-based and
community organizations). If claiming 501(c)(3) status, the Internal
Revenue Service statement indicating 501(c)(3) status approval must be
submitted.
Applicants for VWIP must satisfy a ``responsibility
review'' that demonstrates an ability to administer Federal funds. See
20 CFR 667.170.
Note that entities organized under Section 501(c)(4) of
the Internal Revenue Code that engage in lobbying activities are not
eligible to receive funds under this announcement. Section 18 of the
Lobbying Disclosure Act of 1995, Pub. L. 104-65, 109 Stat. 691 (2
U.S.C. 1611) prohibits instituting an award, grant, or loan of Federal
funds to 501(c) (4) entities that engage in lobbying.
In accordance with 29 CFR part 98, entities that are
debarred or suspended shall be excluded from Federal financial
assistance and are ineligible to receive a VWIP grant.
2. Cost Sharing
Although VETS encourages applicants to use cost sharing and
matching funds, Veterans Workforce Investment Grants do not require
grantees or sub-awardee(s) to share costs or provide matching funds.
However, we do encourage grantees and sub-awardee(s) to maximize the
resources available to the VWIP program and its participants.
3. Other Eligibility Criteria
A. Programs must be ``employment-focused.'' An ``employment-
focused'' program is a program directed toward: (1) Increasing the
employability of eligible veterans through training or arranging for
the provision of services that will enable them reintegrate into the
labor force and (2) matching eligible veterans with potential employers
and/or entrepreneurial opportunities.
B. Applicants are encouraged to utilize, through partnerships and/
or sub-award(s), experienced public agencies, private non-profit
organizations, private businesses, faith-based and community
organizations, and colleges and universities (especially those with
traditionally high enrollments of minorities) that have an
understanding of unemployment and the barriers to employment unique to
eligible veterans, a familiarity with the area to be served, and the
capability to effectively provide the necessary services.
C. Legal rules pertaining to inherently religious activities by
organization that receive Federal Financial Assistance. Neutral, non-
religious criteria that neither favor nor disfavor religion will be
employed in the selection of grant recipients and must be employed by
grantees or in the selection of sub-awardees. The government is
generally prohibited from providing direct financial assistance for
inherently religious activities. These grants may not be used for
religious instruction, worship, prayer, proselytizing or their
inherently religious activities. In this context, the term direct
financial assistance means financial assistance that is provided
directly by a government entity or an intermediate organization, as
opposed to financial assistance that an organization receives as the
result of the genuine and independent private choice of a beneficiary.
In other contexts, the term ``direct'' financial assistance may be used
to refer to financial assistance that an organization receives directly
from the Federal government (also known as ``discretionary''
assistance), as opposed to assistance that it receives from a State or
local government (also known as
[[Page 20488]]
``indirect'' or ``block'' grant assistance). The term ``direct'' has
the former meaning in this paragraph.
4. Participant Eligibility Criteria
To be eligible for participation in a training program administered
under VWIP, an individual must be a veteran who falls within one of the
following categories: ``* * * veterans with service-connected
disabilities, veterans who have significant barriers to employment,
veterans who served on active duty in the armed forces during a war or
in a campaign or expedition for which a campaign badge has been
authorized, and recently separated veterans [those within 48 months of
discharge].'' See Section 168 (a)(1) of the Workforce Investment Act.
IV. Application and Submission Information
1.Address To Request an Application and Amendments
This SGA, together with its attachments, includes all the
information needed to apply. Additional application packages and
amendments to this SGA may be obtained from the VETS Web site address
at http://www.dol.gov/vets, or Federal Grant Opportunities Web site
address at http://www.grants.gov, and from the Federal Register Web
site address at http://www.gpoaccess.gov/fr/index.html. The Federal
Register may also be obtained from your nearest government office or
library. Additional copies of the standard forms can be downloaded
from: http://www.whitehouse.gov/omb/grants/grants_forms.html.
All grant applications are to be mailed to: Department of Labor,
Procurement Services Center, Attention: Cassandra Mitchell, Reference
SGA 06-03, 200 Constitution Avenue, NW., Room N-5416,
Washington, DC 20210, Phone Number: (202) 693-4570 (this is not a toll-
free number).
Applicants may also apply online at http://www.grants.gov.
Applicants submitting proposals online are requested to refrain from
mailing an application as well. It is strongly recommended that
applicants using http://www.grants.gov immediately initiate and
complete the ``Get Started'' registration steps at http://www.grants.gov/GetStarted. These steps may take multiple days to
complete, and this time should be factored into plans for electronic
submission in order to avoid facing unexpected delays that could result
in the rejection of an application. If submitting electronically
through http://www.grants.gov it would be appreciated if the
application submitted is saved as .doc, .pdf, or .txt files.
Except as provided in Section IV.3., any application
received after the deadline will be considered as non-responsive and
will not be evaluated.
2. Content and Form of Application
The application must include the name, address, telephone number
and fax numbers, and e-mail address (if applicable) of a key contact
person at the applicant's organization in case questions should arise.
To be considered responsive to this solicitation the application must
consist of three (3) separate and distinct sections: The Executive
Summary, the Technical Proposal, and the Cost Proposal. The information
provided in these three (3) sections is essential to demonstrate an
understanding of the programmatic and fiscal contents of the grant
proposal.
A complete grant application package must not exceed 75 single-
sided pages (8\1/2\'' x 11''), double-spaced, 12-point font, typed
pages (all attachments are included in the 75 page maximum).
Applications that contain more than 75 pages total will be considered
non-responsive. Major sections and sub-sections of the application
should be divided and clearly identified (e.g. with tab dividers), and
all pages shall be numbered. To be considered responsive grant
applications are to include:
An original, blue ink-signed, and two (2) copies of the
cover letter.
An original and two (2) copies of the Executive Summary
(see below).
An original and two (2) copies of the Technical Proposal
(see below) that includes a completed Technical Performance Goals Form
(Appendix D). Also include all attachments with the technical proposal,
such as the applicant's information showing outcomes of employment and
training programs that it has had in the past three (3) years in terms
of enrollments and participants who have entered into employment.
An original and two (2) copies of the Cost Proposal (see
below) that includes an original, blue ink-signed, Application for
Federal Assistance, SF-424 (Appendix A), a Budget Narrative, Budget
Information Sheet SF-424A (Appendix B), an original, blue ink-signed,
Assurances and Certifications Signature Page (Appendix C), a Direct
Cost Description for Applicants and Sub-applicants (Appendix E), a
completed Survey on Ensuring Equal Opportunity for Applicants (Appendix
F), and the applicant's grant specific financial audit and/or audit
statement dated within the last 18 months (does not count towards the
75 page limitation).
A. Section 1--Executive Summary: A one to two page ``Executive
Summary'' reflecting the grantees' and sub-awardee(s) proposed overall
strategy, timeline, and outcomes to be achieved in their grant proposal
is required. The Executive Summary should include:
The proposed area to be served through the activities of
this grant.
The grantee's experience in serving the residents in the
proposed service area.
The proposed projects and activities that will expedite
the reintegration of eligible veterans into the workforce.
A summary of anticipated outcomes, benefits, and value
added by the project.
B. Section 2--Technical Proposal consists of a narrative proposal
that demonstrates the need for this particular grant program, the
services and activities proposed to obtain successful outcomes for
eligible veterans to be served; and the applicant's ability to
accomplish the expected outcomes of the proposed project design.
Required Content: There are program activities that all
applications must contain to be found technically acceptable under this
SGA. Programs must be ``employment-focused'' and must be responsive to
the rating criteria in Section V(1). The required program activities
are: Participant outreach and project awareness activities, pre-
enrollment assessments, individual employment plans for each enrolled
participant, case management, job placement, job retention follow-up at
90 and 180 days after individual enters employment, utilization and
coordination of employment services through the One-Stop Career Center
System, including the DVOP and LVER staff, and with community linkages
with other programs that provide support to eligible veterans. These
activities are described in section I. of this SGA.
The following format for the technical proposal is recommended:
Need for the program: The applicant must identify the geographical
area to be served and provide an estimate of the number of eligible
veterans in the designated geographical area. Include poverty and
unemployment rates in the area and identify the disparities in the
local community infrastructure that exacerbate the employment barriers
faced by the targeted veterans, including regulations or other
restrictions on the recognition of relevant military training by
civilian licensing or certification authorities. Include labor market
information on the outlook for job
[[Page 20489]]
opportunities in the employment fields and industries that are in
demand in the geographical area to be served. Applicants are to clearly
describe the proposed program awareness and participant outreach
strategies.
Approach or strategy to increase employment and job retention:
Applicants must be responsive to the Rating Criteria contained in
Section V(1) and address all of the rating factors as thoroughly as
possible in the narrative. The applicant must:
Describe the specific employment and training services to
be provided under this grant and the sequence or flow of such services;
Indicate the type(s) of training that will be provided
under the grant and how it relates to the jobs that are in demand,
length of training, training curriculum, and how the training will
improve the eligible veterans' employment opportunities within that
geographical area;
Provide a follow-up plan that addresses retention after 90
and 180 days with participants who have entered employment;
Include the completed Planned Quarterly Technical
Performance Goals (and planned expenditures) form listed in Appendix D.
If the Planned Quarterly Technical Performance Goals form listed in
Appendix D is not completed and submitted, the grant application
package will be considered as non-responsive.
Linkages with facilities that serve eligible veterans: Describe
program and resource linkages with other facilities that will be
involved in identifying potential clients for this program. Applicants
are encouraged to submit a list of their local area network of service
providers that offer and provide services to benefit VWIP participants.
Describe any networks with other related resources and/or other
programs that serve eligible veterans. Indicate how the program will be
coordinated with any efforts that are conducted by public and private
agencies in the community. If an MOU or other service agreement with
service providers exists, copies should be provided.
Linkages with other providers of employment and training services
to eligible veterans: Describe the linkages, networks, and
relationships the proposed program will have with other providers of
services to eligible veterans; include a description of the
relationship with other employment and training programs in the One-
Stop Career Centers such as Disabled Veterans' Outreach Program (DVOP),
the Local Veterans' Employment Representative (LVER) program, and local
Homeless Veterans' Reintegration Programs (HVRP); list the type of
services that will be provided by each. Note the type of agreement in
place, if applicable. Linkages with the workforce investment system are
required. Describe any networks with any other resources and/or other
programs for eligible veterans. If an MOU or other service agreement
with other service providers exists, copies should be provided.
Linkages with other Federal agencies: Describe program and resource
linkages with the Department of Housing and Urban Development (HUD),
Department of Health and Human Services (HHS), and Department of
Veterans Affairs (DVA), to include the Compensated Work Therapy (CWT)
and Grant and Per Diem Programs. If an MOU or other service agreement
with other service providers exists, copies should be provided.
Proposed supportive service strategy for veterans: Describe how
supportive service resources for veterans will be obtained and used. If
resources are provided by other sources or linkages, such as Federal,
State, local, or faith-based and community programs, the applicant must
fully explain the use of these resources and how they will be applied.
If an MOU or other service agreement with other service providers
exist, copies should be provided.
Organizational capability to provide required program activities:
The applicant's relevant current and prior experience (within the last
three year period) in operating employment and training programs is to
be clearly described, if applicable. A summary narrative of program
experience and employment and training performance outcomes is
required. The applicant must provide information showing outcomes of
employment and training programs that it has had in the past three (3)
years in terms of enrollments and participants who have entered into
employment. An applicant that has operated a VWIP or other employment
and training program must also include the final or most recent
technical performance report.
Please note that the Department of Labor grant review panel
members, who will be reviewing all grant applications submitted as a
result of this SGA, do not have access to any reporting information
systems during the review process, therefore, if final or most recent
technical performance reports are not submitted, the grant application
may be considered non-responsive.
The applicant must also provide evidence of key staff capability to
include resume, staff biographies, organizational charts, statements of
work, and etc. It is preferred that the grantee and sub-awardee(s) be a
well established service provider and not in the initial start-up phase
or process.
C. Section 3--The Cost Proposal must contain the following:
Applicants can expect that the cost proposal will be reviewed for
allocability, allowability, and reasonableness.
(1) Standard Form SF-424, ``Application for Federal Assistance''
(with the original signed in blue-ink) (Appendix A) must be completed;
The Catalog of Federal Domestic Assistance number for this program
is 17.802 and it must be entered on the SF-424, in Block 11.
The organizational unit section of Block 8 of the SF-424 must
contain the Dun and Bradstreet Number (DUNS) of the applicant.
Beginning October 1, 2003, all applicants for Federal grant funding
opportunities are required to include a DUNS number with their
application. See OMB Notice of Final Policy Issuance, 68 Federal
Register 38402 (June 27, 2003). Applicants' DUNS number is to be
entered into Block 8 of SF-424. The DUNS number is a nine-digit
identification number that uniquely identifies business entities. There
is no charge for obtaining a DUNS number. To obtain a DUNS number call
1-866-705-5711 or access the following Web site: http://www.dunandbradstreet.com/. Requests for exemption from the DUNS number
requirement must be made to the Office of Management and Budget.
(2) Standard Form SF-424A ``Budget Information Sheet'' (Appendix B)
must be included;
(3) As an attachment to SF-424A, the applicant must provide a
detailed cost breakout of each line item on the Budget Information
Sheet. Please label this page or pages the ``Budget Narrative'' and
ensure that costs reported on the SF-424A correspond accurately with
the Budget Narrative;
The Budget Narrative must include, at a minimum:
Breakout of all personnel costs by position, title, annual
salary rates, and percent of time of each position to be devoted to the
proposed project (including sub-grantees) by completing the ``Direct
Cost Descriptions for Applicants and Sub-Applicants'' form (Appendix
E);
Explanation and breakout of extraordinary fringe benefit
rates and associated charges (i.e., rates exceeding 35% of salaries and
wages);
Explanation of the purpose and composition of, and
methodology used to derive the costs of each of the following: Travel,
equipment, supplies,
[[Page 20490]]
sub-awards/contracts, and any other costs. The applicant must include
costs of any required travel described in this Solicitation. Planned
travel expenditures may not exceed 5% of the total VWIP funds
requested. Mileage charges may not exceed 44.5 cents per mile or the
current Federal rate;
All associated costs for obtaining and retaining
participant information pertinent to the follow-up survey, at 90 and
180 days after the program performance period ends;
Description/specification of, and justification for,
equipment purchases, if any. Tangible, non-expendable, personal
property having a useful life of more than one year and a unit
acquisition cost of $5,000 or more per unit must be specifically
identified; and
Matching funds, leveraged funds, and in-kind services are
not required for VWIP grants. However, if matching funds, leverage
funds, or in-kind services are to be used, an identification of all
sources of leveraged or matching funds and an explanation of the
derivation of the value of matching/in-kind services must be provided.
When resources such as matching funds, leveraged funds, and/or the
value of in-kind contributions are made available, please describe in
Section B of the Budget Information Sheet.
(4) A completed Assurance and Certification signature page
(Appendix C) (signed in blue ink) must be submitted;
(5) All applicants must submit evidence of satisfactory financial
management capability, which must include recent (within the last 18
months) grant specific financial and/or audit statements (does not
count towards the 75 page limitation). All successful grantees and sub-
awardee(s) are required to utilize Generally Accepted Accounting
Practices (GAAP), maintain a separate accounting for these grant funds,
and have a checking account;
(6) All applicants must include, as a separate appendix, a list of
all employment and training government grants and contracts that they
have had in the past three (3) years, including grant/contract officer
contact information. VETS reserves the right to have a DOL
representative review and verify this data;
(7) A completed Survey on Ensuring Equal Opportunity for Applicants
(Appendix F) must be provided.
3. Submission Dates and Times (Acceptable Methods of Submission)
The grant application package must be received at the designated
place by the date and time specified or it will not be considered. Any
application received at the Office of Procurement Services after 5 p.m.
e.d.t. May 22, 2006, will not be considered unless it is received
before the award is made and:
It is determined by the Government that the late receipt
was due solely to mishandling by the Government after receipt at the
U.S. Department of Labor at the address indicated; or
It was sent by registered or certified mail not later than
the fifth calendar day before May 22, 2006; or
It was sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee, not later than 5 p.m. at the place of
mailing two (2) working days, excluding weekends and Federal holidays,
prior to May 22, 2006.
The only acceptable evidence to establish the date of mailing of a
late application sent by registered or certified mail is the U.S.
Postal Service postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. If the postmark is not legible,
an application received after the above closing time and date shall be
processed as if mailed late. ``Postmark'' means a printed, stamped or
otherwise placed impression (not a postage meter machine impression)
that is readily identifiable without further action as having been
applied and affixed by an employee of the U.S. Postal Service on the
date of mailing. Therefore applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper. Applications cannot be
accepted by e-mail or facsimile machine.
The only acceptable evidence to establish the date of mailing of a
late application sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee is the date entered by the Post Office
clerk on the ``Express Mail Next Day Service-Post Office to Addressee''
label and the postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. ``Postmark'' has the same meaning
as defined above. Therefore, applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper.
The only acceptable evidence to establish the time of receipt at
the U.S. Department of Labor is the date/time stamp of the Procurement
Services Center on the application wrapper or other documentary
evidence or receipt maintained by that office. Applications sent by
express delivery services, such as Federal Express, UPS, etc., will be
accepted.
All applicants are advised that U.S. mail delivery in the
Washington, DC area has been erratic due to security concerns. All
applicants must take this into consideration when preparing to meet the
application deadline, as you assume the risk for ensuring a timely
submission, that is, if, because of these mail problems, the Department
does not receive an application or receives it too late to give proper
consideration, even if it was timely mailed, the Department is not
required to consider the application.
4. Intergovernmental Review
This funding opportunity is not subject to Executive Order 12372,
Intergovernmental Review of Federal Programs' [see SF 424, Block
16].
5. Funding Restrictions
A. Rules relating to allowable costs are addressed in 20 CFR
667.200 through 667.220. Under 20 CFR 667.210(b), limits on
administrative costs will be negotiated with the grantee and identified
in the grant award documents. Construction costs (as opposed to
maintenance and/or repair costs) are generally not allowed under WIA.
B. There will not be reimbursement of pre-award costs unless
specifically agreed upon in writing by the Grant Officer.
C. Entities described in Section 501(c)(4) of the Internal Revenue
Code that engage in lobbying activities are not eligible to receive
funds under this announcement because Section 18 of the Lobbying
Disclosure Act of 1995, Public Law No. 104-65, 109 Stat. 691, prohibits
the award of Federal funds to these entities.
D. Limitations on Administrative and Indirect Costs;
Administrative costs, which consist of all direct and
indirect costs associated with the supervision and management of the
program, are limited to and may not exceed 10% of the total grant
award.
Indirect costs claimed by the applicant must be based on a
federally approved rate. A copy of the current negotiated approved and
signed indirect cost negotiation agreement must be submitted with the
application. Furthermore, indirect costs are considered a part of
administrative costs for VWIP purposes and, therefore, may not exceed
10% of the total grant award.
If the applicant does not presently have an approved
indirect cost rate, a proposed rate with justification may be
submitted. Successful applicants will be required to negotiate an
acceptable and allowable rate within 90 days of grant
[[Page 20491]]
award with the appropriate DOL Regional Office of Cost Determination or
with the applicant's cognizant agency for indirect cost rates (See
Office of Management and Budget Web site at http://www.whitehouse.gov/omb/grants/attach.html).
Indirect cost rates traceable and trackable through the
State Workforce Agency's Cost Accounting System represent an acceptable
means of allocating costs to DOL and, therefore, can be approved for
use in grants to State Workforce Agencies.
V. Application Review Information
1. Application Evaluation Criteria
Applications will receive up to 110 total points based on the
following criteria:
A. Need for the project: 20 points.
The applicant will document the need for this project, as
demonstrated by: (i) The potential number or concentration of eligible
veterans in the proposed project area relative to other similar areas;
(ii) the rates of poverty and unemployment in the proposed project area
as determined by the census or other surveys; and (iii) the extent of
the gaps in the local infrastructure to effectively address the
employment barriers that characterize the target veteran population.
B. Overall strategy to develop and promote maximum employment and
training opportunities and retention in employment of eligible
veterans: 40 points [and up to 10 additional points (for a total of 50
points) if overall strategy focuses on providing services to
transitioning service members, especially those with a service
connected disability].
The application must include a description of the approach to
providing comprehensive employment and training services, including
outreach, pre-enrollment assessment, job training, job development,
obtaining employer commitments to hire, placement, and post-placement
follow-up services. Applicants must address how they will target
occupations that are locally in demand with career growth potential and
that will provide wages to ensure self-sufficiency for the participant.
Supportive services provided as part of the strategy of promoting job
readiness and job retention must be indicated. The applicant must
identify the local services and sources of training to be used for
participants. At least 80% of enrolled participants must participate in
training activities. A description of the relationship with other
employment and training programs delivered through the One-Stop Career
Center System must be specified. Applicants must indicate how the
activities will be tailored or responsive to the needs of eligible
veterans. A participant flow chart may be used to show the sequence and
mix of services.
Additional Points: Up to an additional 10 points under this section
will be added to the grant proposal total score that targets services
to transitioning service members who are veterans that were recently
separated (within 48 months of discharge from the military), especially
those with a service connected disability.
Note: The applicant must complete Appendix D, the Recommended
Format for Planned Quarterly Technical Performance Goals, with
proposed programmatic outcomes, including participants served,
placement/entered employments and job retention.
C. Quality and extent of linkages with other providers of services
to eligible veterans: 20 points.
The application must provide information on the quality and extent
of the linkages this program will have with other providers of services
to eligible veterans in the local community including faith-based and
community organizations. For each service, the applicant must specify
who the provider is, the source of funding (if known), and the type of
linkages/referral system established or proposed. Describe how the
proposed project links to the appropriate State Workforce Agency and
One-Stop Career Center(s) including coordination and collaboration with
DVOP/LVER and other One-Stop Career Center staff, DVA, and/or other
local community-based programs and the services that will be provided
as necessary on behalf of the eligible veteran participants to be
served.
D. Demonstrated capability in providing required program services,
including programmatic reporting and participant tracking: 20 points.
The applicant must describe its relevant prior experience in
operating employment and training programs and providing services to
participants similar to those that are proposed under this
solicitation. Specific outcomes previously achieved by the applicant
must be described, including percentage of enrolled participants placed
into employment and cost per entered employment. The applicant must
also address its capacity for timely startup of the program,
programmatic reporting, and participant tracking. The applicant should
describe its staff experience and ability to manage the administrative,
programmatic, and financial aspects of a grant program. Include a
recent (within the last 18 months) grant specific financial statement
and/or audit (does not count towards the 75 page limitation). Final or
most recent technical reports for other relevant programs must be
submitted, if applicable. Because prior VWIP experience is not a
requirement for this grant, some applicants may not have any VWIP
technical performance reports to submit but may have other similar type
programmatic performance reports to submit as evidence of experience in
operating other employment and training type programs.
2. Review and Selection Process
Applications will initially be screened by the Grant Officer to
ensure timeliness, completeness, and compliance with the SGA
requirements. Applications that satisfy this initial screening will
receive further review as explained below.
Grant applications will be reviewed by a Department of Labor grant
review panel using the point scoring system specified above in Section
V(1). The grant review panel will assign a score after objectively and
carefully evaluating each complete grant application and all complete
grant applications will be ranked based on this score. The ranking will
be the primary basis to identify applicants as potential grantees. The
grant review panel will establish a competitive range, based upon the
proposal evaluation, for the purpose of selecting qualified applicants.
For this solicitation, the minimum acceptable score is 70.
The grant review panel, the Assistant Secretary for Veterans'
Employment and Training (ASVET), and Grant Officer may further evaluate
grant applications deemed within the competitive range in order to
compare goals of other grant applications deemed within the competitive
range. The grant review team, the ASVET, and the Grant Officer may
consider any information that comes to their attention, including past
performance of a previous grant, and will make a final selection
determination based on what is most advantageous to the Government,
considering factors such as grant review panel findings, geographical
presence of the applicants, existing grants, or the areas to be served
and the best value to the government, cost, and other factors
considered. The grant review panel's conclusions are advisory in nature
and not binding on the Grant Officer. However, if no application
receives at least that minimum score, the Grant Officer may either
designate no grantee or may designate an entity based on demonstrated
capability to provide the
[[Page 20492]]
best services to the client population. Further, the Grant Officer
reserves the right to select applicants with scores lower than the
minimum or lower than the competing applications, if such a selection
would, in the Grant Officer's judgment, result in the most effective
and appropriate combination of services to grant beneficiaries.
The grant review panel will screen all applicant cost proposals to
ensure expenses are allocable, allowable, and reasonable.
Determinations of allowable costs will be made in accordance with the
applicable Federal cost principles, e.g. Non-Profit Organizations--OMB
Circular A-122. Unallowable costs are those charges to a grant that a
grantor agency or its representatives determines to not be allowed in
accordance with the applicable Federal Cost Principles or other
conditions contained in the grant. If the grant review panel, ASVET,
and Grant Officer conclude that the cost proposal contains an
expense(s) that is not allocable, allowable, and/or reasonable, the
application may be considered ineligible for funding. Further, the
grant review panel, ASVET, and the Grant Officer will consider
applicant information concerning the proposed cost per placement,
percentage of participants placed into unsubsidized employment, average
wage at placement, and 90 and 180-day retention in employment
percentages. The national average cost per placement for VWIP for last
year was $2,200.
The Government reserves the right to ask for clarification on any
aspect of a grant application. The Government also reserves the right
to discuss any potential grantee and sub-awardee(s) concerns amongst
Department of Labor staff. The Grant Officer's determination for award
under SGA06-03 is the final agency action. The submission of
the same proposal from any prior year VWIP competition does not
guarantee an award under this Solicitation.
3. Anticipated Announcement and Award Dates
Announcement of this award is expected to occur by June 20, 2006.
The grant agreement will be awarded by no later than July 1, 2006.
VI. Award Administration Information
1. Award Notices
A. The Notice of Award signed by the Grant Officer is the
authorizing document and will be provided through postal mail and/or by
electronic means to the authorized representative listed on the SF-424
Grant Application. Notice that an organization has been selected as a
grant recipient does not constitute final approval of the grant
application as submitted. Before the actual grant award, the Grant
Officer and/or the Grant Officer Technical Representative may enter
into negotiations concerning such items as program components, funding
levels, and administrative systems. If the negotiations do not result
in an acceptable submittal, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the proposal.
B. A post-award conference will be held for all grantees awarded PY
2006 VWIP funds through this competition. The post-award conference is
expected to be held in early August 2006 and up to two (2) grant
recipients' representatives must be present. The site of the post-award
conference has not yet been determined, however, for planning and
budgeting purposes, applicants should allot four (4) days and use
Washington, DC as the conference site. The post-award conference will
focus on providing information and assistance on reporting, record
keeping, grant requirements, and also include networking opportunities
to learn of best practices from more experienced and successful
grantees and sub-awardee(s). Costs associated with attending this
conference for up to two (2) grantee representatives will be allowed as
long as they are incurred in accordance with Federal travel
regulations. Such costs must be charged as travel expenditures and
reflected in the proposed budget.
2. Administrative and National Policy Requirements
All grantees and sub-awardees must comply with the provisions of
WIA and its regulations, as applicable.
A. Administrative Program Requirements
All grantees and sub-awardees, including faith-based organizations,
will be subject to applicable Federal laws (including provisions of
appropriations law), regulations, and the applicable Office of
Management and Budget (OMB) Circulars. The grant(s) awarded under this
SGA will be subject to the following administrative standards and
provisions, if applicable:
20 CFR part 667--Administrative provisions for programs,
including VWIP, under Title I of WIA.
29 CFR part 2--General Participation in Department of
Labor Programs by Faith-Based and Community Organizations; Equal
Treatment of All Department of Labor Program Participants and
Beneficiaries.
29 CFR part 30--Equal Employment Opportunity in
Apprenticeship and Training.
29 CFR part 31--Nondiscrimination in Federally Assisted
Programs of the Department of Labor--Effectuation of Title VI of the
Civil Rights Act of 1964.
29 CFR part 32--Nondiscrimination on the Basis of Handicap
in Programs or Activities Receiving Federal Financial Assistance.
29 CFR part 33--Enforcement of Nondiscrimination on the
Basis of Handicap in Programs or Activities Conducted by the Department
of Labor.
29 CFR part 35--Nondiscrimination on the Basis of Age in
Programs and Activities Receiving Federal Financial Assistance from the
Department of Labor.
29 CFR part 36--Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Assistance.
29 CFR part 37--Implementation of the Nondiscrimination
and Equal Opportunity Provisions of the Workforce Investment Act of
1998.
29 CFR part 93--New Restrictions on Lobbying.
29 CFR part 94--Governmentwide Requirements for Drug-Free
Workplace (Financial Assistance).
29 CFR part 95--Grants and Agreements with Institutions of
Higher Education, Hospitals, and other Non-Profit Organizations, and
with Commercial Organizations.
29 CFR part 96--Audit Requirements for Grants, Contracts
and Other Agreements.
29 CFR part 97--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
29 CFR part 98 --Governmentwide Debarment and Suspension
(Non procurement).
29 CFR part 99--Audit of States, Local Governments, and
Non-Profit Organizations.
Applicable cost principles and audit requirements under
OMB Circulars A-21, A-87, A-122, A-110, A-133, and 48 CFR part 31.
In accordance with WIA section 195(6), programs funded
under this SGA may not involve political activities. Additionally, in
accordance with Section 18 of the Lobbying Disclosure Act of 1995,
Public Law 104-65 (2 U.S.C. 1611), non-profit entities incorporated
under 501(c)(4) that engage in lobbying activities are not eligible to
received Federal funds and grants.
Requirements for priority of service for veterans in
Department of Labor training programs are identified in 38 U.S.C. 4215.
[[Page 20493]]
3. Electronic Reporting
All VWIP grantees will data enter and electronically attach their
quarterly technical performance and financial status reports, success
stories, etc. into the USDOL, VETS Outcomes and Performance
Accountability Reporting (VOPAR) System according to the reporting
requirements and timetables described below.
A. Quarterly Financial Reports
No later than 30 days after the end of each Federal fiscal quarter,
the grantee must report outlays, program income, and other financial
information on a Federal fiscal quarterly basis using SF-269, Financial
Status Report, Long Form, and submit a copy of the HHS/PMS 272 draw
down report. These reports must cite the assigned grant number.
B. Quarterly Program Reports
No later than 30 days after the end of each Federal fiscal quarter,
grantees must submit a Quarterly Technical Narrative Performance Report
that contains the following:
(1) A comparison of actual accomplishments to planned goals for the
reporting period and any findings related to monitoring efforts;
(2) An explanation for variances of plus or minus 15% of planned
program and/or expenditure goals, to include: identification of
corrective action that will be taken to meet the planned goals, if
required; and a timetable for accomplishment of the corrective action.
C. 90-Day Final Performance Report
No later than 120 days after the grant performance expiration date,
the grantee must submit a final report showing results and performance
as of the 90th day after the grant period, and containing the
following:
(1) Final Financial Status Report SF-269 Long Form (that zeros out
all unliquidated obligations); and
(2) Final Technical Performance Report comparing goals vs. actual
performance levels.
D. 180-Day Follow-Up Report/Longitudinal Survey
No later than 210 days after the grant performance expiration date,
the grantee must submit a Follow-Up Report/Longitudinal Survey showing
results and performance as of the 180th day after the grant expiration
date, and containing the following:
(1) Final Financial Status Report SF-269 Long Form (if not
previously submitted); and
(2) 180-Day Follow-Up Report/Longitudinal Survey identifying:
(a) The total combined (directed/assisted) number of veterans
placed into employment during the entire grant period;
(b) The number of veterans still employed after the 90 and 180 day
follow-up period;
(c) If the veterans are still employed at the same or similar job,
and if not, what are the reason(s);
(d) Whether training received was applicable to jobs held;
(e) Wages at placement and at the 90 and 180 day follow-up periods;
(f) An explanation of why those veterans placed during the grant,
but not employed at the end of the follow-up period, are not so
employed; and
(g) Any recommendations to improve the program.
VII. Agency Contact
All questions regarding this SGA should be directed to Cassandra
Mitchell, e-mail address: [email protected], at tel: (202)
693-4570 (note this is not a toll-free number), or Eric Vogt, e-mail
address [email protected], also at tel. (202) 693-4570. To obtain
further information on the Veterans' Workforce Investment Program of
the U.S. Department of Labor, visit the USDOL Web site of the Veterans'
Employment and Training Service at http://www.dol.gov/vets.
VIII. Other Information
Acknowledgement of USDOL Funding
Printed Materials: In all circumstances, the following shall be
displayed on printed materials prepared by the grantee while in receipt
of DOL grant funding: ``Preparation of this item was funded by the
United States Department of Labor under Grant No. [insert the
appropriate grant number].''
All printed materials must also include the following
notice: ``This document does not necessarily reflect the views or
policies of the U.S. Department of Labor, nor does mention of trade
names, commercial products, or organizations imply endorsement by the
U.S. Government.''
Public references to grant: When issuing statements, press
releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part
with Federal money, all Grantees receiving Federal funds must clearly
state:
The percentage of the total costs of the program or
project, which will be financed with Federal money;
The dollar amount of Federal financial assistance for the
project or program; and
The percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
Use of USDOL Logo: In consultation with USDOL, VETS, the Grantee(s)
must acknowledge USDOL's role as described below:
The USDOL logo may be applied to USDOL-funded material
prepared for world-wide distribution, including posters, videos,
pamphlets, research documents, national survey results, impact
evaluations, best practice reports, and other publications of global
interest. The Grantee(s) must consult with USDOL on whether the logo
may be used on any such items prior to final draft or final preparation
for distribution. In no event shall the USDOL logo be placed on any
item until USDOL has given the Grantee permission to use the logo on
the item.
Resources for the Applicant: The Department of Labor maintains a
number of Web-based resources that may be of assistance to applicants.
The Web page for the USDOL VETS at http://www.dol.gov/vets/programs/main.htm is a valuable source of information including the program
highlights and brochures, glossary of terms, frequently used acronyms,
general and special grant provisions, power point presentations on how
to apply for HVRP funding, On-Site Monitoring Visits, etc. America's
Service Locator at Web page http://www.servicelocator.org provides a
directory of our nation's One-Stop Career Centers and http://www.workforce3one.org is another Department of Labor resource site. The
National Association of Workforce Boards maintains a Web page at http://www.nawb.org/asp/wibdir.asp that contains contact information for the
State and local Workforce Investment Boards. Applicants may also review
``VETS'' Guide to Competitive and Discretionary Grants'' located at Web
page http://www.dol.gov/vets/grants/Final_VETS_Guide-linked.pdf. For
a basic understanding of the grants process and basic responsibilities
of receiving Federal grant support, please see ``Guidance for Faith-
Based and Community Organizations on Partnering with the Federal
Government'' at Web pages http://www.whitehouse.gov/government/fbci and
http://www.dol.gov/cfbci. Also see the National Coalition for Homeless
Veterans Web page at http://www.nchv.org.
[[Page 20494]]
Signed at Washington, DC, this 11th day of April, 2006.
Eric Vogt,
Grant Officer.
Appendices: (Located on U.S. Department pf Labor, Veterans'
Employment and Training Service Web page http://www.dol.gov/vets,
follow link for the applicable SGA listed under announcements.)
Appendix A: Application for Federal Assistance SF-424
Appendix B: Budget Information Sheet SF-424A
Appendix C: Assurances and Certifications Signature Page
Appendix D: Recommended Format for Planned Quarterly Technical
Performance Goals
Appendix E: Direct Cost Descriptions for Applicants and Sub-
Applicants
Appendix F: Survey on Ensuring Equal Opportunity for Applicants
[FR Doc. 06-3627 Filed 4-19-06; 8:45 am]
BILLING CODE 4510-79-P | usgpo | 2024-10-08T14:08:33.506616 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3627.htm"
} |
FR | FR-2006-04-20/06-3625 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20494-20504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3625]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Veterans' Employment and Training Service
[SGA 06-04/PY 06]
Solicitation for Grant Applications (SGA); Urban Homeless
Veterans' Reintegration Program (HVRP) Grants for Program Year (PY)
2006, July 1, 2006 Through June 30, 2007
AGENCY: Veterans' Employment and Training Service (VETS), Labor.
ACTION: Posting of SGA.
-----------------------------------------------------------------------
SUMMARY: The Veterans' Employment and Training Service is posting
availability of funds for the Urban Homeless Veterans' Reintegration
Program.
FOR FURTHER INFORMATION CONTACT: Cassandra Mitchell, Grants Management
Specialist, Procurement Services Center, at (202) 693-4570.
Date Extension: N/A.
DATES: The closing date for receipt of the application is May 22, 2006
at 5 p.m. (Eastern Time) at the address listed.
Executive Summary (Applicants For Grant Funds Should Read This
Notice In Its Entirety): The U.S. Department of Labor (USDOL),
Veterans' Employment and Training Service (VETS), announces a grant
competition under 38 U.S.C. 2021, as added by section 5 of Public Law
107-95, the Homeless Veterans Comprehensive Assistance Act of 2001
(HVCAA). Section 2021 requires the Secretary of Labor to conduct,
directly or through grant or contract, such programs as the Secretary
determines appropriate to expedite the reintegration of homeless
veterans into the labor force.
Due to limited available funding and the high concentration of
homeless veterans in the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico, the only jurisdictions eligible to be served through this urban
competition for HVRPs are those areas listed in Appendix G.
HVRP grants are intended to address two objectives: (1) To provide
services to assist in reintegrating homeless veterans into meaningful
employment within the labor force, and (2) to stimulate the development
of effective service delivery systems that will address the complex
problems facing homeless veterans. Successful applicants will design
programs that assist eligible veterans by providing job placement
services, job training, counseling, supportive services, and other
assistance to expedite the reintegration of homeless veterans into the
labor force. Successful programs will also be designed to be flexible
in addressing the universal as well as the local or regional problems
that have had a negative impact on homeless veterans reentering the
workforce.
Under this solicitation covering Fiscal Year (FY) 2006, VETS
anticipates that up to $7,300,000 will be available for grant awards up
to a maximum of $300,000 for each grant award. VETS expects to award
approximately twenty-five (25) grants. This notice contains all of the
necessary information and forms to apply for grant funding. The period
of performance for these PY 2006 grants will be July 1, 2006 through
June 30, 2007. Two (2) optional years of additional funding may be
available, depending upon Congressional appropriations, the agency's
decision to exercise the optional year(s) of funding, and satisfactory
grantee and sub-awardee(s) performance.
I. Funding Opportunity Description
The U.S. Department of Labor (USDOL), Veterans' Employment and
Training Service (VETS), announces a grant competition under 38 U.S.C.
2021, as added by section 5 of Public Law 107-95, the Homeless Veterans
Comprehensive Assistance Act of 2001 (HVCAA). Section 2021 requires the
Secretary of Labor to conduct, directly or through grant or contract,
such programs as the Secretary determines appropriate to provide job
training, counseling, and placement services (including job readiness,
literacy training, and skills training) to expedite the reintegration
of homeless veterans into the labor force.
1. Program Concept and Emphasis
HVRP grants are intended to address two objectives: (a) To provide
services to assist in reintegrating homeless veterans into meaningful
employment within the labor force, and (b) to stimulate the development
of effective service delivery systems that will address the complex
problems facing homeless veterans.
For this Fiscal Year (FY) 2006 grant solicitation, VETS seeks
applicants that will provide services through a case management
approach that networks with Federal, State, and local resources for
veteran support programs. Successful applicants will have clear
strategies and obtainable goals for employment and retention of
employment for homeless veterans. Successful applicants will design
programs that assist eligible veterans by providing job placement
services, job training, counseling, mentoring, supportive services, and
other assistance to expedite the reintegration of homeless veterans
into the labor force. Successful applicants will also design programs
that are flexible in addressing the universal as well as the local or
regional problems that have had a negative impact on homeless veterans
reentering the workforce. The HVRP in PY 2006 will seek to continue to
strengthen development of effective service delivery systems, to
provide comprehensive services through a case management approach that
addresses complex problems facing eligible veterans trying to
transition into gainful employment, and to improve strategies for
employment and retention in employment.
Due to the limited amount of funding and the high concentration of
homeless veterans in the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico, the only jurisdictions eligible to be served through this urban
competition for HVRP are those areas listed in Appendix G.
2. Project Awareness Program Information and Orientation Activities
In order to promote networking between the HVRP-funded program and
local service providers (and thereby eliminate gaps or duplication in
services and enhance the provision of assistance to participants), the
grantee and sub-awardee(s) must provide project orientation workshops
and program awareness activities that it determines are the most
feasible for the types of providers listed below. Grantees and
[[Page 20495]]
sub-awardee(s) are encouraged to propose strategies for incorporating
small faith-based and community organizations (defined as organizations
with social services budgets of $500,000 or less and ten (10) or fewer
full-time employees) into their outreach plans. Project orientation
workshops conducted by grantees and sub-awardee(s) have been an
effective means of sharing information and informing the community of
the availability of other services; they are encouraged but not
mandatory. Rather, grantees and sub-awardee(s) will have the
flexibility to attend service provider meetings, seminars, and
conferences, to outstation staff, and to develop individual service
contracts as well as to involve other agencies in program planning.
The grantee and sub-awardee(s) will be responsible for providing
project awareness, program information, and orientation activities to
the following:
A. Direct providers of services to homeless veterans, including
shelter and soup kitchen operators, to make them aware of the services
available to homeless veterans to make them job-ready and to aid their
placement into jobs.
B. Federal, State, and local agencies such as the Social Security
Administration (SSA), Department of Veterans Affairs (DVA), State
Workforce Agencies (SWAs) and local One-Stop Career Centers (which
integrate Workforce Investment Act (WIA) and other employment and
training services), mental health services, and healthcare
detoxification facilities: To familiarize them with the nature and
needs of homeless veterans.
C. Civic and private sector groups, in particular veterans' service
organizations, support groups, job training and employment services,
and community-based organizations (including faith-based
organizations), to provide information on homeless veterans and their
needs.
The grantee and sub-awardee(s) will also be responsible for
participating in ``Stand Down'' events. A ``Stand Down'' is an event
held in a locality, usually for one (1) to three (3) days, where
services are provided to homeless veterans along with shelter, meals,
clothing, employment services, and medical attention. This type of
event is mostly a volunteer effort, which is organized within a
community and brings service providers together such as the Department
of Veterans Affairs, Disabled Veterans' Outreach Program Specialists
(DVOP) and Local Veterans' Employment Representatives (LVER) staff from
the State Workforce Agencies, Veteran Service Organizations, military
personnel, civic leaders, and a variety of other interested persons,
groups, and organizations. Many services are provided on-site with
referrals also made for continued assistance after the Stand Down
event. These events can often be the catalyst that enables homeless
veterans to get back into mainstream society. The Department of Labor
has supported replication of these events and many have been held
throughout the nation.
In areas where an HVRP is operating, grantees and sub-awardee(s)
are expected and encouraged to participate fully and offer their
services for all locally planned Stand Down event(s). Toward this end,
up to $8,000 of the requested HVRP grant funds may be used to
supplement the Stand Down efforts, where funds are not otherwise
available, and may be requested and explained in the budget narrative.
3. Scope of Program Design
In addition to the activities described above, the project design
must include the following services:
A. Outreach, intake, assessment, peer counseling or mentoring to
the degree practical, employment services, and follow-up support
services to enhance retention in employment. Program staff providing
outreach services should have experience in dealing with, and an
understanding of the needs of, homeless veterans. Outreach activities
must include and coordinate with the DVOP and LVER staff in the State
Workforce Agencies or in the workforce investment systems' One-Stop
Career Centers System, Veterans' Workforce Investment Program (VWIP),
and the Department of Veterans Affairs.
B. Provision of or referral to employment services such as: Job
search workshops, job counseling, assessment of skills, resume writing
techniques, interviewing skills, subsidized trial employment (work
experience), job development services, job placement into unsubsidized
employment, and job placement follow-up services to enhance retention
in employment.
C. Provision of or referral to training services such as: Basic
skills instruction, remedial education activities, life skills and
money management training, on-the-job training, classroom training,
vocational training, specialized and/or licensing training programs,
and other formal training programs as deemed appropriate to benefit the
participant. At least 80% of the enrolled HVRP participants must
participate in training activities.
D. Grantees and sub-awardee(s) must perform a preliminary
assessment of each participant's eligibility for Department of Veterans
Affairs (DVA) service-connected disability, compensation, and/or
pension benefits. As appropriate, grantees and sub-awardee(s) will work
with the veterans' service organizations or refer the participants to
DVA in order to file a claim for compensation or pension. Grantees and
sub-awardee(s) will track the progress of claims and report outcomes in
individual participant case management records.
E. Coordination with veterans' services programs, including: DVOPs
and LVERs in the workforce investment system's One-Stop Career Centers,
as well as Veterans' Workforce Investment Programs (VWIPs), Department
of Veterans Affairs (DVA) services, including its Health Care for
Homeless Veterans, Domiciliary Care, Regional Benefits Assistance
Program, and Transitional Housing under Homeless Provider Grant and Per
Diem programs.
F. Networking, collaborating, and coordinating efforts with
veterans' service organizations such as: The American Legion, Disabled
American Veterans, Veterans of Foreign Wars, Vietnam Veterans of
America, The American Veterans (AMVETS), or etc. to ensure participants
apply for and/or receive other veterans' benefits that they may be
eligible for.
G. Referral as necessary to health care, counseling, and
rehabilitative services including, but not limited to: Alcohol and drug
rehabilitation, therapeutic services, Post Traumatic Stress Disorder
(PTSD) services, and mental health services as well as coordination
with McKinney-Vento Homeless Assistance Act (MVHAA) programs for health
care for the homeless, and health care programs under the Homeless
Veterans Comprehensive Assistance Act (HVCAA) of 2001.
H. Referral to housing assistance, as appropriate, provided by:
Local shelters, Federal Emergency Management Administration (FEMA) food
and shelter programs, transitional housing programs and single room
occupancy housing programs funded under MVHAA and HVCAA, and permanent
housing programs for disabled homeless persons funded under MVHAA and
HVCAA.
4. Results-Oriented Model
No specific model is mandatory, but successful applicants will
design a program that is responsive to the needs of the local community
and achieves the HVRP objectives. The HVRP objectives are to
successfully reintegrate homeless veterans into the workforce and to
stimulate the development of effective service delivery systems that
will address the complex problems facing
[[Page 20496]]
homeless veterans. Under the Government Performance and Results Act
(GPRA), Congress and the public are looking for program results rather
than program processes.
For purposes of assessing performance of grantees selected under
this SGA, VETS will focus on two performance measures described below.
However, grantees also will be required to report additional
performance information, as required in DOL guidance on OMB Common
Measures and as described below. All performance outcomes will be
reported quarterly using an Internet-based reporting system for HVRP,
with access provided to successful grantees after the award process has
been completed.
There are two (2) outcome measures with established performance
targets for HVRP grants. The first outcome measure is the placement
rate with a performance target for grantees and sub-awardee(s) to meet
a minimum placement rate of 61.5%. This is determined by dividing the
number of participants placed into employment by the total number of
HVRP participants. While the percentage of HVRP participants placed
into employment is an important outcome, it is also necessary to
evaluate and measure the program's longer-term results, through the 90-
day and 180-day follow-up periods. The second outcome measure is
retention following placement with a performance target for grantees
and sub-awardee(s) to meet a minimum rate of retention of 58.5% at 180
days following placement. This is determined by dividing the number of
participants retained in employment at 180 days following placement
divided by the total number of participants placed into employment.
While there is no performance target established for retention at 90
days following placement, grantees are required to collect and report
the rate of retention in employment at that point.
In applying the Common Measures, grantees will be required to
collect additional information according to the Common Measures
definitions but no performance targets for grantees will be established
according to those definitions during this period of performance. That
is because the baseline information required to establish performance
targets does not yet exist. Upon award, grantees will be provided with
detailed information regarding the specific information required to be
collected and reported. At this point, it is sufficient for grantees to
be aware of two requirements in addition to the requirements identified
above. First, it will be necessary for grantees to collect and report
on the rate of retention in employment at 270 days following placement
into employment. Second, at the 180 day and 270 day points of retention
in employment following placement, grantees will be required to collect
and report the average weekly earnings of those retained in employment.
This is calculated by multiplying each participant's hourly wage by the
average number of hours per week that the participant was employed
during the previous quarter.
The applicant's program should be based on a results-oriented
model. The first phase of activity should consist of the level of
outreach necessary to introduce the program to eligible homeless
veterans. Outreach also includes establishing contact with other
agencies that encounter homeless veterans. Once the eligible homeless
veterans have been identified, an assessment must be made of each
individual's abilities, interests, needs, and barriers to employment.
In some cases, participants may require referrals to services such as
rehabilitation, drug or alcohol treatment, or a temporary shelter
before they can be enrolled into the HVRP program. Once the eligible
homeless veteran is stabilized, the assessment must concentrate on the
employability of the individual and whether the individual is to be
enrolled into the HVRP program.
A determination should be made as to whether the HVRP participant
would benefit from pre-employment preparation such as resume writing,
job search workshops, related employment counseling, and case
management, or possibly an initial entry into the job market through
temporary jobs. Additionally, sheltered work environments such as the
Department of Veterans Affairs Compensated Work Therapy Program,
classroom training, and/or on-the-job training must be evaluated. Such
services should be noted in an Individual Employment Plan to facilitate
the staff's successful monitoring of the participant's progress. Entry
into full-time employment or a specific job-training program should
follow, in keeping with the overall objective of HVRP, to bring the
participant closer to self-sufficiency. The grantee should provide or
arrange for these supportive services that will enable the HVRP
participant to successfully perform all the activities specified in the
Individual Employment Plan.
Job development, a crucial part of the employability process,
usually occurs when there are no competitive job openings that the HVRP
participant is qualified to apply for; therefore, a job opportunity
with an employer is created, developed, and customized specifically for
that HVRP participant. HVRP participants who are ready to enter
employment and are in need of intensive case management services for
employment purposes are to be referred to the DVOP and LVER staff at a
One-Stop Career Center. DVOP and LVER staff are able to provide HVRP
participants the following services: Job development, employment
services, case management for employment purposes, and career
counseling. Most DVOP and LVER staff received training in case
management for employment purposes at the National Veterans' Training
Institute. All DVOP and LVER staff provide employment-related services
to veterans who are most at a disadvantage in the labor market. VETS
recommends working hand-in-hand with DVOP/LVER and other One-Stop
Career Center staff to achieve economies of resources and to avoid
duplication of services. DVOP/LVER staff may also be able to provide
grantees and sub-awardee(s) valuable assistance in tracking
participants within their State wage record management information
system for follow-up purposes at 90 and 180 days after a participant
enters employment.
The applicant's program must include tracking of program
participants. Participant tracking should begin with the referral to
supportive services and training activities and continue at placement
into employment and through the 90-day and 180-day follow-up periods
after entering employment. It is important that the grantee and sub-
awardee(s) maintain contact with veterans after placement to ensure
that employment-related problems are addressed. The 90-day and 180-day
follow-ups are fundamental to assessing program results. Grantees and
sub-awardee(s) need to budget for 90-day and 180-day follow-up activity
so that it can be performed for those participants placed at or near
the end of the grant performance period. All grantees and sub-
awardee(s), prior to the end of the grant performance period, must
obligate sufficient funds to ensure that follow-up activities are
completed. Such results will be reported in the final technical
performance report.
II. Award Information
1. Type of Funding Instrument
One (1) year grant with optional funding for an additional two
years.
Note: Selection of an organization as a grantee does not
constitute final approval of the grant application as submitted.
Before the
[[Page 20497]]
actual grant is awarded, USDOL may enter into negotiations about
such items as program components, staffing, and funding levels, and
administrative systems in place to support grant implementation. If
the negotiations do not result in a mutually acceptable submission,
the Grant Officer reserves the right to terminate the negotiation
and decline to fund the application.
2. Funding Levels
The total funding available for this Urban HVRP solicitation is up
to $7,300,000. It is anticipated that approximately twenty-five (25)
awards will be made under this solicitation. Awards are expected to
range from a minimum of $75,000 to a maximum of $300,000. The
Department of Labor reserves the right to negotiate the amounts to be
awarded under this competition. Please be advised that requests
exceeding $300,000 will be considered non-responsive and will not be
evaluated. If there are any residual programmatic funds, the Department
of Labor reserves the right to select for funding the next highest
scoring applicant(s) on the competitive list developed for this SGA up
to one (1) year after the initial performance period begins or June 30,
2007.
3. Period of Performance
The period of performance will be for the twelve (12) month period
of July 1, 2006 to June 30, 2007, unless modified by the Grant Officer.
It is expected that successful applicants will begin program operations
under this solicitation on July 1, 2006. All program funds must be
obligated by June 30, 2007; a limited amount of funds may be obligated
and reserved for follow-up activities and closeout.
4. Optional Year Funding
Should Congress appropriate additional funds for this purpose, VETS
may consider up to two (2) additional years of optional funding. The
Government does not, however, guarantee optional year funding for any
grantee or sub-awardee(s). In deciding whether to exercise any optional
year(s) of funding, VETS will consider grantee and sub-awardee(s)
performance during the previous period of operations as follows:
A. The grantee and sub-awardee(s) must meet, at minimum, 90% of
planned cumulative goals for Federal expenditures, enrollments,
placements into employment, and training by the end of the third
quarter; and
B. The grantee and sub-awardee(s) must have complied with all terms
identified in the Solicitation for Grant Application (SGA), grant award
document, and General and Special Grant Provisions; and
C. All program and fiscal reports must have been submitted by the
established due dates and the grantee and sub-awardee(s) must verify
these reports for accuracy purposes.
III. Eligibility Information
1. Eligible Applicants
Applications for funds will be accepted from State and local
Workforce Investment Boards, local public agencies, for-profit/
commercial entities, and non-profit organizations, including faith-
based and community organizations. Applicants must have a familiarity
with the area and population to be served and the ability to administer
an effective and timely program.
Eligible applicants will generally fall into one of the following
categories:
State and local Workforce Investment Boards (WIBs),
established under sections 111 and 117 of the Workforce Investment Act.
Public agencies, meaning any public agency of a State or
of a general purpose political subdivision of a State that has the
power to levy taxes and spend funds, as well as general corporate and
police powers. (This typically refers to cities and counties.) A State
agency may propose in its application to serve one or more of the
jurisdictions located in its State. This does not preclude a city or
county agency from submitting an application to serve its own
jurisdiction.
For-profit/commercial entities.
Non-profit organizations (including faith-based and
community organizations). If claiming 501(c)(3) status, the Internal
Revenue Service statement indicating 501(c)(3) status approval must be
submitted.
Note that entities organized under section 501(c)(4) of
the Internal Revenue Code that engage in lobbying activities are not
eligible to receive funds under this announcement. Section 18 of the
Lobbying Disclosure Act of 1995, Public Law 104-65, 109 Stat. 691 (2
U.S.C. 1611) prohibits instituting an award, grant, or loan of federal
funds to 501(c)(4) entities that engage in lobbying.
2. Cost Sharing
Cost sharing and matching funds are not required. However, we do
encourage grantees and sub-awardee(s) to maximize the resources
available to the HVRP program and its participants.
3. Other Eligibility Criteria
A. Due to limited available funding and the high concentration of
homeless veterans in the metropolitan areas of the 75 U.S. cities
largest in population and the metropolitan area of San Juan, Puerto
Rico, the only jurisdictions eligible to be served through this urban
competition for HVRPs are those areas listed in Appendix G.
B. The proposal must include a participant outreach component that
uses DVOP/LVER staff and/or trained outreach staff. Programs must be
``employment-focused.'' An ``employment-focused'' program is a program
directed toward: (1) Increasing the employability of homeless veterans
through training or arranging for the provision of services that will
enable them to reintegrate into the labor force and (2) matching
homeless veterans with potential employers and/or entrepreneurial
opportunities.
C. Applicants are encouraged to utilize, through partnerships or
sub-awards, experienced public agencies, private non-profit
organizations, private businesses, faith-based and community
organizations, and colleges and universities (especially those with
traditionally high enrollments of minorities) that have an
understanding of unemployment and the barriers to employment unique to
homeless veterans, a familiarity with the area to be served, linkages
with the One-Stop Career Center(s), and the capability to effectively
provide the necessary services.
D. Legal rules pertaining to inherently religious activities by
organization that receive Federal Financial Assistance. Neutral, non-
religious criteria that neither favor nor disfavor religion will be
employed in the selection of grant recipients and must be employed by
grantees or in the selection of sub-awardee(s). The government is
generally prohibited from providing direct financial assistance for
inherently religious activities. These grants may not be used for
religious instruction, worship, prayer, proselytizing or their
inherently religious activities. In this context, the term direct
financial assistance means financial assistance that is provided
directly by a government entity or an intermediate organization, as
opposed to financial assistance that an organization receives as the
result of the genuine and independent private choice of a beneficiary.
In other contexts, the term ``direct'' financial assistance may be used
to refer to financial assistance that an organization receives directly
from the Federal government (also known as ``discretionary''
assistance), as opposed to assistance that it receives from a State or
local government (also known as ``indirect'' or ``block'' grant
assistance).
[[Page 20498]]
The term ``direct'' has the former meaning throughout this paragraph.
E. To be eligible for enrollment as a participant under this HVRP
grant an individual must be homeless and a veteran defined as follows:
The term ``homeless or homeless individual'' includes
persons who lack a fixed, regular, and adequate nighttime residence. It
also includes persons whose primary nighttime residence is either a
supervised public or private shelter designed to provide temporary
living accommodations; an institution that provides a temporary
residence for individuals intended to be institutionalized; or a public
or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. [42 U.S.C. 11302 (a)].
The term ``veteran'' means a person who served in the
active military, naval, or air service, and who was discharged or
released under conditions other than dishonorable. [38 U.S.C. 101(2)].
IV. Application and Submission Information
1. Address To Request an Application and Amendments
This SGA, together with its attachments, includes all the
information needed to apply. Additional application packages and
amendments to this SGA may be obtained from the VETS Web site address
at http://www.dol.gov/vets, the Federal Grant Opportunities Web site
address at http://www.grants.gov, and from the Federal Register Web
site address at http://www.gpoaccess.gov/fr/index.html. The Federal
Register may also be obtained from your nearest government office or
library. Additional copies of the standard forms can be downloaded
from: http://www.whitehouse.gov/omb/grants/grants_forms.html.
All grant applications are to be mailed to: Department of Labor,
Procurement Services Center, Attention: Cassandra Mitchell, Reference
SGA 06-04, 200 Constitution Avenue, NW., Room N-5416,
Washington, DC 20210. Phone Number: (202) 693-4570 (this is not a toll-
free number).
Applicants may also apply online at http://www.grants.gov.
Applicants submitting proposals online are requested to refrain from
mailing a hard copy application as well. It is strongly recommended
that applicants using http://www.grants.gov immediately initiate and
complete the ``Get Started'' registration steps at http://www.grants.gov/GetStarted. These steps may take multiple days to
complete, and this time should be factored into plans for electronic
submission in order to avoid facing unexpected delays that could result
in the rejection of an application. If submitting electronically
through http://www.grants.gov it would be appreciated if the
application submitted is saved as .doc, .pdf, or .txt files.
Except as provided in section IV.3., any application
received after the deadline will be considered as non-responsive and
will not be evaluated.
2. Content and Form of Application
The application must include the name, address, telephone number,
fax number, and e-mail address (if applicable) of a key contact person
at the applicant's organization in case questions should arise. To be
considered responsive to this solicitation the application must consist
of three (3) separate and distinct sections: The Executive Summary, the
Technical Proposal, and the Cost Proposal. The information provided in
these three (3) sections is essential to demonstrate an understanding
of the programmatic and fiscal contents of the grant proposal.
A complete grant application package must not exceed 75 single-
sided pages (8\1/2\'' x 11''), double-spaced, 12-point font, typed
pages (all attachments are included in the 75 page maximum).
Applications that contain more than 75 pages total will be considered
non-responsive. Major sections and sub-sections of the application
should be divided and clearly identified (e.g. with tab dividers), and
all pages shall be numbered. To be considered responsive grant
applications are to include:
An original, blue ink-signed, and two (2) copies of the
cover letter.
An original and two (2) copies of the Executive Summary
(see below).
An original and two (2) copies of the Technical Proposal
(see below) that includes a completed Technical Performance Goals Form
(Appendix D). Also include all attachments with the technical proposal,
such as the applicant's information showing outcomes of employment and
training programs that it has had in the past three (3) years in terms
of enrollments and participants who have entered into employment.
An original and two (2) copies of the Cost Proposal (see
below) that includes an original, blue ink-signed, Application for
Federal Assistance, SF-424 (Appendix A), a Budget Narrative, Budget
Information Sheet SF-424A (Appendix B), an original, blue ink-signed,
Assurances and Certifications Signature Page (Appendix C), a Direct
Cost Description for Applicants and Sub-applicants (Appendix E), a
completed Survey on Ensuring Equal Opportunity for Applicants (Appendix
F), and the applicant's grant specific financial and/or audit statement
dated within the last 18 months (does not count towards the 75 page
limitation).
A. Section 1--Executive Summary: A one to two page ``Executive
Summary'' reflecting the grantee's and sub-awardee(s) proposed overall
strategy, timeline, and outcomes to be achieved in their grant proposal
is required. The Executive Summary should include:
The proposed area to be served through the activities of
this grant application.
The grantee's experience in serving the residents in the
proposed service area.
The proposed projects and activities that will expedite
the reintegration of homeless veterans into the workforce.
A summary of anticipated outcomes, benefits, and value
added by the project.
B. Section 2--Technical Proposal consists of a narrative proposal
that demonstrates the need for this particular grant program, the
services and activities proposed to obtain successful outcomes for the
homeless veterans to be served; and the applicant's ability to
accomplish the expected outcomes of the proposed project design. All
applications must respond to the requirements for the program concept,
required activities, and results oriented model set forth in section I
of the SGA.
Required Content: There are program activities that all
applications must contain to be found technically acceptable under this
SGA. Programs must be ``employment-focused'' and must be responsive to
the rating criteria in section V(1). The required program activities
are: Participant outreach and project awareness activities, pre-
enrollment assessments, individual employment plans for each
participant, case management, job placement, job retention follow-up
(at 90 and 180 days) after individual enters employment, utilization
and coordination of employment services through the One-Stop Career
Center System, including the DVOP and LVER staff, and with community
linkages with other programs that provide support to homeless veterans.
All applicants must respond to the requirements for the program
concept, required activities and results-oriented model described in
section I. of the SGA.
The following format for the technical proposal is recommended:
Need for the program: The applicant must identify the geographical area
to be served and
[[Page 20499]]
provide an estimate of the number of homeless veterans in the
designated geographical area. Include poverty and unemployment rates in
the area and identify the disparities in the local community
infrastructure that exacerbate the employment barriers faced by the
targeted veterans. Include labor market information and job
opportunities in the employment fields and industries that are in
demand in the geographical area to be served. Applicants are to clearly
describe the proposed program awareness and participant outreach
strategies.
Approach or strategy to increase employment and job retention:
Applicants must be responsive to the Rating Criteria contained in
section V(1) and address all of the rating factors as thoroughly as
possible in the narrative. The applicant must:
Describe the specific employment and training services to
be provided under this grant and the sequence or flow of such services;
Indicate the type(s) of training that will be provided
under the grant and how it relates to the jobs that are in demand,
length of training, training curriculum, and how the training will
improve the eligible veterans' employment opportunities within that
geographical area;
Provide a follow-up plan that addresses retention after 90
and 180 days with participants who have entered employment;
Include the completed Planned Quarterly Technical
Performance Goals (and planned expenditures) form listed in Appendix D.
If the Planned Quarterly Technical Performance Goals form listed in
Appendix D is not submitted, the grant application package will be
considered as non-responsive.
Linkages with facilities that serve homeless veterans: Describe
program and resource linkages with other facilities that will be
involved in identifying potential clients for this program. Applicants
are encouraged to submit a list of their local area network of service
providers that offer and provide services to benefit HVRP participants.
Describe any networks with other related resources and/or other
programs that serve homeless veterans. Indicate how the program will be
coordinated with any efforts that are conducted by public and private
agencies in the community. Indicate how the applicant will coordinate
with any continuum of care efforts for the homeless among agencies in
the community. If a Memorandum of Understanding (MOU) or other service
agreement with service providers exists, copies should be provided.
Linkages with other providers of employment and training services
to homeless veterans: Describe the linkages, networks, and
relationships the proposed program will have with other providers of
services to homeless veterans; include a description of the
relationship with other employment and training programs in the One-
Stop Career Center System such as Disabled Veterans' Outreach Program
(DVOP), the Local Veterans' Employment Representative (LVER) program,
and programs under the Workforce Investment Act such as the Veterans'
Workforce Investment Program (VWIP); list the type of services that
will be provided by each. Note the type of agreement in place, if
applicable. Linkages with the workforce investment system are required.
Describe any networks with any other resources and/or other programs
for homeless veterans. If an MOU or other service agreement with other
service providers exists, copies should be provided.
Linkages with other Federal agencies: Describe program and resource
linkages with the Department of Housing and Urban Development (HUD),
Department of Health and Human Services (HHS), and Department of
Veterans Affairs (DVA), to include the Compensated Work Therapy (CWT)
and Grant and Per Diem programs. If an MOU or other service agreement
with other service providers exists, copies should be provided.
Proposed supportive service strategy for veterans: Describe how
supportive service resources for veterans will be obtained and used. If
resources are provided by other sources or linkages, such as Federal,
State, local, or faith-based and community programs, the applicant must
fully explain the use of these resources and how they will be applied.
If an MOU or other service agreement with other service providers
exist, copies should be provided.
Organizational capability to provide required program activities:
The applicant's relevant current and prior experience (within the last
three year period) in operating employment and training programs is to
be clearly described, if applicable. A summary narrative of program
experience and employment and training performance outcomes is
required. The applicant must provide information showing outcomes of
employment and training programs that it has had in the past three (3)
years in terms of enrollments and participants who have entered into
employment. An applicant that has operated a HVRP, other homeless
employment and training program, or VWIP program must also include the
final or most recent cumulative quarterly technical performance report.
Please note that the Department of Labor grant review panel
members, who will be reviewing all grant applications submitted as a
result of this SGA, do not have access to any reporting information
systems during the review process, therefore, if final or most recent
cumulative quarterly technical performance reports are not submitted,
the grant application may be considered non-responsive.
The applicant must also provide evidence of key staff capability to
include resumes, staff biographies, organizational charts, statements
of work, and etc. It is preferred that the grantee and sub-awardee(s)
be a well established service provider and not in the initial start-up
phase or process.
Proposed housing strategy for homeless veterans: Describe how
housing resources for eligible homeless veterans will be obtained or
accessed. These resources must be from linkages or sources other than
the HVRP grant such as HUD, HHS, community housing resources, DVA Grant
and Per Diem Program, or other local housing programs.
C. Section 3--The Cost Proposal must contain the following:
Applicants can expect that the cost proposal will be reviewed for
allocability, allowability, and reasonableness.
(1) Standard Form SF-424, ``Application for Federal Assistance''
(with the original signed in blue-ink) (Appendix A) must be completed;
The Catalog of Federal Domestic Assistance number for this program
is 17.805 and it must be entered on the SF-424, in Block 11.
The organizational unit section of Block 8 of the SF-424 must
contain the Dun and Bradstreet Number (DUNS) of the applicant.
Beginning October 1, 2003, all applicants for Federal grant funding
opportunities are required to include a DUNS number with their
application. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June
27, 2003).
Applicants' DUNS number is to be entered into Block 8 of SF-424.
The DUNS number is a nine-digit identification number that uniquely
identifies business entities. There is no charge for obtaining a DUNS
number. To obtain a DUNS number call 1-866-705-5711 or access the
following Web site: http://www.dunandbradstreet.com/ Requests for
exemption from the DUNS number requirement must be made to the Office
of Management and Budget. If no DUNS number is provided then the grant
application will be considered non-responsive.
[[Page 20500]]
(2) Standard Form SF-424A ``Budget Information Sheet'' (Appendix B)
must be included;
(3) As an attachment to SF-424A, the applicant must provide a
detailed cost breakout of each line item on the Budget Information
Sheet. Please label this page or pages the ``Budget Narrative'' and
ensure that costs reported on the SF-424A correspond accurately with
the Budget Narrative;
The Budget Narrative must include, at a minimum:
Breakout of all personnel costs by position, title, annual
salary rates, and percent of time of each position to be devoted to the
proposed project (including sub-grantees) by completing the ``Direct
Cost Descriptions for Applicants and Sub-Applicants'' form (Appendix
E);
Explanation and breakout of extraordinary fringe benefit
rates and associated charges (i.e., rates exceeding 35% of salaries and
wages);
Explanation of the purpose and composition of, and
methodology used to derive the costs of each of the following: Travel,
equipment, supplies, sub-awards/contracts, and any other costs. The
applicant must include costs of any required travel described in this
Solicitation. Planned travel expenditures may not exceed 5% of the
total HVRP funds requested. Mileage charges may not exceed 44.5 cents
per mile or the current Federal rate;
All associated costs for obtaining and retaining
participant information pertinent to the follow-up survey, at 90 and
180 days after the program performance period ends;
Description/specification of, and justification for,
equipment purchases, if any. Tangible, non-expendable, personal
property having a useful life of more than one year and a unit
acquisition cost of $5,000 or more per unit must be specifically
identified; and
Matching funds, leveraged funds, and in-kind services are
not required for HVRP grants. However, if matching funds, leverage
funds, or in-kind services are to be used, an identification of all
sources of leveraged or matching funds and an explanation of the
derivation of the value of matching/in-kind services must be provided.
When resources such as matching funds, leveraged funds, and/or the
value of in-kind contributions are made available, please describe in
Section B of the Budget Information Sheet.
(4) A completed Assurance and Certification signature page
(Appendix C) (signed in blue ink) must be submitted;
(5) All applicants must submit evidence of satisfactory financial
management capability, which must include recent (within the last 18
months) grant specific financial and/or audit statements (does not
count towards the 75 page limitation). All successful grantees and sub-
awardee(s) are required to utilize Generally Accepted Accounting
Practices (GAAP), maintain a separate accounting for these grant funds,
and have a checking account;
(6) All applicants must include, as a separate appendix, a list of
all employment and training government grants and contracts that they
have had in the past three (3) years, including grant/contract officer
contact information. VETS reserves the right to have a DOL
representative review and verify this data;
(7) A completed Survey on Ensuring Equal Opportunity for Applicants
(Appendix F) must be provided.
3. Submission Dates and Times (Acceptable Methods of Submission)
The grant application package must be received at the designated
place by the date and time specified or it will not be considered. Any
application received at the Office of Procurement Services after 5 p.m.
EDT, May 22, 2006, will not be considered unless it is received before
the award is made and:
It is determined by the Government that the late receipt
was due solely to mishandling by the Government after receipt at the
U.S. Department of Labor at the address indicated; or
It was sent by registered or certified mail not later than
the fifth calendar day before May 22, 2006; or
It was sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee, not later than 5 p.m. at the place of
mailing two (2) working days, excluding weekends and Federal holidays,
prior to May 22, 2006.
The only acceptable evidence to establish the date of mailing of a
late application sent by registered or certified mail is the U.S.
Postal Service postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. If the postmark is not legible,
an application received after the above closing time and date shall be
processed as if mailed late. ``Postmark'' means a printed, stamped or
otherwise placed impression (not a postage meter machine impression)
that is readily identifiable without further action as having been
applied and affixed by an employee of the U.S. Postal Service on the
date of mailing. Therefore applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper. Applications cannot be
accepted by e-mail or facsimile machine.
The only acceptable evidence to establish the date of mailing of a
late application sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee is the date entered by the Post Office
clerk on the ``Express Mail Next Day Service-Post Office to Addressee''
label and the postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. ``Postmark'' has the same meaning
as defined above. Therefore, applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper.
The only acceptable evidence to establish the time of receipt at
the U.S. Department of Labor is the date/time stamp of the Procurement
Services Center on the application wrapper or other documentary
evidence or receipt maintained by that office. Applications sent by
other delivery services, such as Federal Express, UPS, etc., will also
be accepted.
All applicants are advised that U.S. mail delivery in the
Washington, DC area has been erratic due to security concerns. All
applicants must take this into consideration when preparing to meet the
application deadline, as you assume the risk for ensuring a timely
submission, that is, if, because of these mail problems, the Department
does not receive an application or receives it too late to give proper
consideration, even if it was timely mailed, the Department is not
required to consider the application.
4. Intergovernmental Review
Not applicable.
5. Funding Restrictions
A. Proposals exceeding $300,000 will be considered non-responsive
and will not be evaluated.
B. There is a limit of one (1) application per submitting
organization and physical location serving the same HVRP participant
population. If two (2) original applications from the same organization
for the same physical location serving the same HVRP participant
population are submitted, the application with the later date will be
considered as non-responsive. Please do not submit duplicate original
grant applications as only one (1) grant application will be considered
for funding purposes.
C. Due to the limited availability of funding, if an organization
was awarded Fiscal Year 2004 or Fiscal Year 2005 HVRP funds for a
specific physical location serving the same HVRP
[[Page 20501]]
participant population and will be applying for second and possible
third year funding in PY 2006, then that organization at that specific
physical location serving the same HVRP participant population will be
considered ineligible to compete for these FY 2006 HVRP funds.
Therefore, due to the limited funding availability, we are unable to
award more than one (1) HVRP grant per organization at a specific
physical location serving the same HVRP participant population. A
separate Director's Memorandum Number 09-06 has been issued for
grantees that are eligible to apply for second and third optional year
funding that includes detailed instructions on how to apply for these
funds.
D. There will not be reimbursement of pre-award costs unless
specifically agreed upon in writing by the Department of Labor.
E. Entities described in section 501(c)(4) of the Internal Revenue
Code that engage in lobbying activities are not eligible to receive
funds under this announcement because section 18 of the Lobbying
Disclosure Act of 1995, Public Law No. 104-65, 109 Stat. 691, prohibits
the award of Federal funds to these entities.
F. The only potential areas that will be served through this urban
competition for HVRPs in FY 2006 are the metropolitan areas of the 75
U.S. cities largest in population and the metropolitan area of San
Juan, Puerto Rico (see Appendix G).
G. Limitations on Administrative and Indirect Costs
Administrative costs, which consist of all direct and
indirect costs associated with the supervision and management of the
program, are limited to and may not exceed 20% of the total grant
award.
Indirect costs claimed by the applicant must be based on a
Federally approved rate. A copy of the current negotiated approved and
signed indirect cost negotiation agreement must be submitted with the
application. Furthermore, indirect costs are considered a part of
administrative costs for HVRP purposes and, therefore, may not exceed
20% of the total grant award.
If the applicant does not presently have an approved
indirect cost rate, a proposed rate with justification may be
submitted. Successful applicants will be required to negotiate an
acceptable and allowable rate within 90 days of grant award with the
appropriate DOL Regional Office of Cost Determination or with the
applicant's cognizant agency for indirect cost rates (See Office of
Management and Budget Web site at http://www.whitehouse.gov/omb/grants/attach.html).
Indirect cost rates traceable and trackable through the
State Workforce Agency's Cost Accounting System represent an acceptable
means of allocating costs to DOL and, therefore, can be approved for
use in grants to State Workforce Agencies.
V. Application Review Information
1. Application Evaluation Criteria
Applications may receive up to 110 total points based on the
following criteria:
A. Need for the project: 10 points.
The applicant will document the need for this project, as
demonstrated by: (i) The potential number or concentration of homeless
individuals and homeless veterans in the proposed project area relative
to other similar areas; (ii) the rates of poverty and unemployment in
the proposed project area as determined by the census or other surveys;
and (iii) the extent of the gaps in the local infrastructure to
effectively address the employment barriers that characterize the
target population.
B. Overall strategy to increase employment and retention in
employment: 35 points [and up to 10 additional points (for a total of
45 points) if overall strategy includes an approach for addressing
barriers to employment faced by chronically homeless veterans as
described below.]
The application must include a description of the approach to
providing comprehensive employment and training services, including
outreach, pre-enrollment assessment, job training, job development,
obtaining employer commitments to hire, placement, and post-placement
follow-up services. Applicants must address how they will target
occupations that are locally in demand with career growth potential and
that will provide wages to ensure self-sufficiency for the participant.
Supportive services provided as part of the strategy of promoting job
readiness and job retention must be indicated. The applicant must
identify the local services and sources of training to be used for
participants. At least 80% of participants must participate in training
activities. A description of the relationship with other employment and
training programs delivered through the One-Stop Career Center System
must be specified. Applicants must indicate how the activities will be
tailored or responsive to the needs of homeless veterans. A participant
flow chart may be used to show the sequence and mix of services.
Additional Points: Up to an additional 10 points under this section
will be awarded to grant proposals that focus some of their effort on
addressing the barriers to employment faced by chronically homeless
veterans. A veteran who is ``chronically homeless'' is an unaccompanied
homeless individual with a disabling condition who has either been
continuously homeless for a year or more, OR who has had at least four
(4) episodes of homelessness in the past three (3) years. In order to
be considered chronically homeless, a person must have been sleeping in
a place not meant for human habitation (e.g., living on the streets)
and/or in an emergency homeless shelter. A disabling condition is
defined as a diagnosable substance use disorder, serious mental
illness, developmental disability, or chronic physical illness or
disability including the co-occurrence of two or more of these
conditions. A disabling condition limits an individual's ability to
work or perform one or more activities of daily living.
Note: The applicant must complete Appendix D, the Recommended
Format for Planned Quarterly Technical Performance Goals, with
proposed programmatic outcomes, including participants served,
placement/entered employments and job retention.
C. Quality and extent of linkages with other providers of services
to the homeless and to veterans: 20 points.
The application must provide information on the quality and extent
of the linkages this program will have with other providers of services
to homeless veterans in the local community including faith-based and
community organizations. For each service, the applicant must specify
who the provider is, the source of funding (if known), and the type of
linkages/referral system established or proposed. Describe, to the
extent possible, how the project would be incorporated into the local
community's continuum of care approach and the local community's ten
(10) year plan to end homelessness, if applicable (see Interagency
Council on Homelessness Web page at http://www.ich.gov for additional
information). Describe how the proposed project links to the
appropriate State Workforce Agency and One-Stop Career Center(s)
including coordination and collaboration with DVOP/LVER and other One-
Stop Career Center staff, HUD, HHS, DVA, and other local community-
based programs and the services that will be provided as necessary on
behalf of the homeless veteran participants to be served.
D. Demonstrated capability in providing required program services,
[[Page 20502]]
including programmatic reporting and participant tracking: 25 points.
The applicant must describe its relevant prior experience in
operating employment and training programs and providing services to
participants similar to those that are proposed under this
solicitation. Specific outcomes previously achieved by the applicant
must be described, such as number of enrollments, number of
participants that were placed into employment, cost per placement into
employment, benefits secured, network coalitions, etc. The applicant
must also address its capacity for timely startup of the program,
programmatic reporting, and participant tracking. The applicant should
describe its staff experience and ability to manage the administrative,
programmatic, and financial aspects of a grant program. Include a
recent (within the last 18 months) grant specific financial statement
and/or audit (does not count towards the 75 page limitation). Final or
most recent financial and technical performance reports for other
relevant programs must be submitted, if applicable. Because prior HVRP
experience is not a requirement for this grant, applicants may have
other similar type programmatic performance reports to submit as
evidence of experience in operating other employment and training type
programs.
E. Quality of overall housing strategy: 10 points.
The application must demonstrate how the applicant proposes to
obtain or access housing resources for participants in the program and
participants entering into the labor force. This discussion should
specify the provisions made to access temporary, transitional, and
permanent housing for participants through various community resources
such as HUD, DVA Grant and Per Diem Program, and other locally funded
housing programs. HVRP funds may not be used for housing purposes or
purchasing or leasing of vehicles.
2. Review and Selection Process
Grant applications will be reviewed by a Department of Labor grant
review panel using the point scoring system specified above in section
V(1). The grant review panel will assign a score after objectively and
carefully evaluating each responsive grant application and all
responsive grant applications will be ranked based on this score. The
ranking will be the primary basis to identify applicants as potential
grantees. The grant review panel will establish a competitive range,
based upon the proposal evaluation, for the purpose of selecting
qualified applicants. For this solicitation, the minimum acceptable
score is 70.
The grant review panel, the Assistant Secretary for Veterans'
Employment and Training (ASVET), and Grant Officer may further evaluate
grant applications deemed within the competitive range in order to
compare goals of other grant applications deemed within the competitive
range. The grant review panel, the ASVET, and the Grant Officer may
consider any information that comes to their attention, including past
performance of a previous grant, and will make a final selection
determination based on what is most advantageous to the Government,
considering factors such as grant review panel findings, geographical
presence of the applicants, existing grants, or the areas to be served
and the best value to the government, cost, and other factors
considered. The grant review panel's conclusions are advisory in nature
and not binding on the Grant Officer. However, if no application
receives at least that minimum score, the Grant Officer may either
designate no grantee or may designate an entity based on demonstrated
capability to provide the best services to the client population.
Further, the Grant Officer reserves the right to select applicants with
scores lower than the minimum or lower than the competing applications,
if such a selection would, in the Grant Officer's judgment, result in
the most effective and appropriate combination of services to grant
beneficiaries.
The grant review panel will screen all applicant cost proposals to
ensure expenses are allocable, allowable, and reasonable.
Determinations of allowable costs will be made in accordance with the
applicable Federal cost principles, e.g. Non-Profit Organizations--OMB
Circular A-122. Unallowable costs are those charges to a grant that a
grantor agency or its representatives determined not to be allowed in
accordance with the applicable Federal Cost Principles or other
conditions contained in the grant. If the grant review panel, ASVET,
and Grant Officer conclude that the cost proposal contains an
expense(s) that is not allocable, allowable, and/or reasonable, the
application may be considered ineligible for funding. Further, the
grant review panel, the ASVET, and the Grant Officer will consider
applicant information concerning the proposed cost per placement,
percentage of participants placed into unsubsidized employment, average
wage at placement, and 90 and 180-day retention in employment
percentages. The national average cost per placement for HVRP for last
year was $2,200. The Government reserves the right to ask the applicant
for clarification on any aspect of a grant application. The Grant
Officer may consult with the Department of Labor staff on any potential
grantee and/or sub-awardee(s) concerns. The Grant Officer's
determination for award under SGA 06-04 is the final agency
action. The submission of the same proposal from any prior year HVRP
competition does not guarantee an award under this Solicitation.
3. Anticipated Announcement and Award Dates
Announcement of this award is expected to occur by June 20, 2006.
The grant agreement will be awarded by no later than July 1, 2006.
VI. Award Administration Information
1. Award Notices
A. The Notice of Award signed by the Grant Officer is the
authorizing document and will be provided through postal mail and/or by
electronic means to the authorized representative listed on the SF-424
Grant Application. Notice that an organization has been selected as a
grant recipient does not constitute final approval of the grant
application as submitted. Before the actual grant award, the Grant
Officer and/or the Grant Officer's Technical Representative may enter
into negotiations concerning such items as program components, funding
levels, and administrative systems. If the negotiations do not result
in an acceptable submittal, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the proposal.
B. A post-award conference will be held for those grantees awarded
FY 2006 HVRP funds through this competition. The post-award conference
is expected to be held in August 2006 and up to two (2) grant recipient
representatives must be present. The site of the post-award conference
has not yet been determined, however, for planning and budgeting
purposes, applicants should allot four (4) days and use Washington, DC
as the conference site. The post-award conference will focus on
providing information and assistance on reporting, record keeping,
grant requirements, and also include networking opportunities to learn
of best practices from more experienced and successful grantees and
sub-awardee(s). Costs associated with attending this conference for up
to two (2) grantee representatives will be allowed as long as they are
incurred in accordance with Federal travel
[[Page 20503]]
regulations. Such costs must be charged as administrative costs and
reflected in the proposed budget.
2. Administrative and National Policy Requirements
All grantees and sub-awardees must comply with the provisions of
Title 38 U.S.C. and its regulations, as applicable.
A. Administrative Program Requirements
All grantees and sub-awardees, including faith-based organizations,
will be subject to applicable Federal laws (including provisions of
appropriations law), regulations, and the applicable Office of
Management and Budget (OMB) Circulars. The grant(s) awarded under this
SGA will be subject to the following administrative standards and
provisions, if applicable:
29 CFR part 2--General Participation in Department of
Labor Programs by Faith-Based and Community Organizations; Equal
Treatment of All Department of Labor Program Participants and
Beneficiaries.
29 CFR part 30--Equal Employment Opportunity in
Apprenticeship and Training.
29 CFR part 31--Nondiscrimination in Federally Assisted
Programs of the Department of Labor--Effectuation of Title VI of the
Civil Rights Act of 1964.
29 CFR part 32--Nondiscrimination on the Basis of Handicap
in Programs or Activities Receiving Federal Financial Assistance.
29 CFR part 33--Enforcement of Nondiscrimination on the
Basis of Handicap in Programs or Activities Conducted by the Department
of Labor.
29 CFR part 35--Nondiscrimination on the Basis of Age in
Programs and Activities Receiving Federal Financial Assistance from the
Department of Labor.
29 CFR part 36--Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Assistance.
29 CFR part 37--Implementation of the Nondiscrimination
and Equal Opportunity Provisions of the Workforce Investment Act of
1998.
29 CFR part 93--New Restrictions on Lobbying.
29 CFR part 94--Government-wide Requirements for Drug-Free
Workplace (Financial Assistance).
29 CFR part 95--Grants and Agreements with Institutions of
Higher Education, Hospitals, and other Non-Profit Organizations, and
with Commercial Organizations.
29 CFR part 96--Audit Requirements for Grants, Contracts
and Other Agreements.
29 CFR part 97--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
29 CFR part 98--Government-wide Debarment and Suspension
(Non procurement).
29 CFR part 99--Audit of States, Local Governments, and
Non-Profit Organizations.
Applicable cost principles and audit requirements under
OMB Circulars A-21, A-87, A-110, A-122, A-133, and 48 CFR part 31.
In accordance with section 18 of the Lobbying Disclosure
Act of 1995, Public Law 104-65 (2 U.S.C. 1611), non-profit entities
incorporated under 501(c)(4) that engage in lobbying activities are not
eligible to receive Federal funds and grants.
38 U.S.C. 4215--Requirements for priority of service for
veterans in all Department of Labor training programs.
3. Electronic Reporting
All HVRP grantees will enter data and electronically attach their
quarterly technical performance and financial status reports, success
stories, etc. into the U.S. Department of Labor, Veterans' Employment
and Training Service, Outcomes and Performance Accountability Reporting
(VOPAR) System according to the reporting requirements and timetables
described below.
A. Quarterly Financial Reports
No later than 30 days after the end of each Federal fiscal quarter,
the grantee must report outlays, program income, and other financial
information on a Federal fiscal quarterly basis using SF-269, Financial
Status Report, Long Form, and submit a copy of the HHS/PMS 272 draw
down report. These reports must cite the assigned grant number.
B. Quarterly Program Reports
No later than 30 days after the end of each Federal fiscal quarter,
grantees also must submit a Quarterly Technical Narrative Performance
Report that contains the following:
(1) A comparison of actual accomplishments to planned goals for the
reporting period and any findings related to monitoring efforts;
(2) An explanation for variances of plus or minus 15% of planned
program and/or expenditure goals, to include: identification of
corrective action that will be taken to meet the planned goals, if
required; and a timetable for accomplishment of the corrective action.
C. 90-Day Final Performance Report
No later than 120 days after the grant performance expiration date,
the grantee must submit a final report showing results and performance
as of the 90th day after the grant period, and containing the
following:
(1) Final Financial Status Report SF-269 Long Form (that zeros out
all unliquidated obligations); and
(2) Final Technical Performance Report comparing goals vs. actual
performance levels.
D. 180-Day Follow-Up Report/Longitudinal Survey
No later than 210 days after the grant performance expiration date,
the grantee must submit a Follow-Up Report/Longitudinal Survey showing
results and performance as of the 180th day after the grant expiration
date, and containing the following:
(1) Final Financial Status Report SF-269 Long Form (if not
previously submitted); and
(2) 180-Day Follow-Up Report/Longitudinal Survey identifying:
(a) The total combined (directed/assisted) number of veterans
placed into employment during the entire grant period;
(b) The number of veterans still employed after the 90 and 180 day
follow-up period;
(c) If the veterans are still employed at the same or similar job,
and if not, what are the reason(s);
(d) Whether training received was applicable to jobs held;
(e) Wages at placement and at the 90 and 180 day follow-up periods;
(f) An explanation of why those veterans placed during the grant,
but not employed at the end of the follow-up period, are not so
employed; and
(g) Any recommendations to improve the program.
Agency Contact
All questions regarding this SGA should be directed to Cassandra
Mitchell, e-mail address: [email protected], at tel: (202)
693-4570 (note this is not a toll-free number), or Eric Vogt, e-mail
address [email protected], also at tel. (202) 693-4570. To obtain
further information on the Homeless Veterans' Reintegration Program of
the U.S. Department of Labor, visit the USDOL Web site of the Veterans'
Employment and Training Service at http://www.dol.gov/vets.
VII. Other Information
A. Acknowledgment of USDOL Funding
1. Printed Materials: In all circumstances, the following shall be
[[Page 20504]]
displayed on printed materials prepared by the grantee while in receipt
of DOL grant funding: ``Preparation of this item was funded by the
United States Department of Labor under Grant No. [insert the
appropriate grant number].''
All printed materials must also include the following
notice: ``This document does not necessarily reflect the views or
policies of the U.S. Department of Labor, nor does mention of trade
names, commercial products, or organizations imply endorsement by the
U.S. Government.''
2. Public references to grant: When issuing statements, press
releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds must clearly
state:
The percentage of the total costs of the program or
project, which will be financed with Federal money;
The dollar amount of Federal financial assistance for the
project or program; and
The percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
B. Use of USDOL Logo
In consultation with USDOL, VETS, the grantee(s) must acknowledge
USDOL's role as described below:
The USDOL logo may be applied to USDOL-funded material
prepared for distribution, including posters, videos, pamphlets,
research documents, national survey results, impact evaluations, best
practice reports, and other publications of global interest. The
grantee(s) must consult with USDOL on whether the logo may be used on
any such items prior to final draft or final preparation for
distribution. In no event shall the USDOL logo be placed on any item
until USDOL has given the Grantee permission to use the logo on the
item.
All documents must include the following notice: ``This
documentation does not necessarily reflect the views or policies of the
U.S. Department of Labor, nor does mention of trade names, commercial
products, or organizations imply endorsement by the U.S. Government.''
Resources for the Applicant: The Department of Labor maintains a
number of web-based resources that may be of assistance to applicants.
The Web page for the USDOL VETS at http://www.dol.gov/vets/programs/main.htm is a valuable source of information including the program
highlights and brochures, glossary of terms, frequently used acronyms,
general and special grant provisions, power point presentations on how
to apply for HVRP funding, On-Site Monitoring Visits, etc. The
Interagency Council on Homeless at Web page http://www.ich.gov has
information from various departments that assist homeless persons
including updated information on local community ten (10) year plans to
end homelessness and continuum of care plans. America's Service Locator
Web page at http://www.servicelocator.org provides a directory of our
nation's One-Stop Career Centers and http://www.workforce3one.org is
another Department of Labor resource site. The National Association of
Workforce Boards maintains a Web page at http://www.nawb.org/asp/wibdir.asp that contains contact information for the State and local
Workforce Investment Boards. Applicants may also review ``VETS'' Guide
to Competitive and Discretionary Grants'' located at Web page http://www.dol.gov/vets/grants/Final_VETS_Guide-linked.pdf. For a basic
understanding of the grants process and basic responsibilities of
receiving Federal grant support, please see ``Guidance for Faith-Based
and Community Organizations on Partnering with the Federal Government''
at Web pages http://www.whitehouse.gov/government/fbci and http://www.dol.gov/cfbci, Also, the National Coalition for Homeless Veterans
Web page at http://www.nchv.org.
Signed at Washington, DC, this 11th day of April, 2006.
Eric Vogt,
Grant Officer.
Appendices: (Located on U.S. Department of Labor, Veterans'
Employment and Training Service Web page http://www.dol.gov/vets follow
link for the applicable SGA listed under announcements.)
Appendix A: Application for Federal Assistance SF-424
Appendix B: Budget Information Sheet SF-424A
Appendix C: Assurances and Certifications Signature Page
Appendix D: Recommended Format for Planned Quarterly Technical
Performance Goals
Appendix E: Direct Cost Descriptions for Applicants and Sub-
Applicants
Appendix F: Survey on Ensuring Equal Opportunity for Applicants
Appendix G: List of 75 Largest Cities Nationwide
[FR Doc. 06-3625 Filed 4-19-06; 8:45 am]
BILLING CODE 4510-79-P | usgpo | 2024-10-08T14:08:33.533365 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3625.htm"
} |
FR | FR-2006-04-20/06-3626 | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20504-20515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3626]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Veterans' Employment and Training Service
[SGA 06-05/PY 06]
Solicitation for Grant Applications (SGA); New Grantee Homeless
Veterans' Reintegration Program (HVRP) Grants for Program Year (PY)
2006, July 1, 2006 Through June 30, 2007
AGENCY: Veterans' Employment and Training Service (VETS), Labor.
ACTION: Posting of SGA.
-----------------------------------------------------------------------
SUMMARY: The Veterans' Employment and Training Service is posting
availability of funds for the New Grantee Homeless Veterans'
Reintegration Program.
FOR FURTHER INFORMATION CONTACT: Cassandra Mitchell, Grants Management
Specialist, Procurement Services Center, at (202) 693-4570.
Date Extension: N/A.
DATES: The closing date for receipt of the application is May 22, 2006
at 5 p.m. (eastern time) at the address listed.
Executive Summary (Applicants For Grant Funds Should Read This
Notice In Its Entirety): This competition is targeting eligible
applicants that have not previously received HVRP or Veterans'
Workforce Investment Program (VWIP) Funds. The U.S. Department of Labor
(USDOL), Veterans' Employment and Training Service (VETS), announces a
grant competition under 38 U.S.C. 2021, as added by section 5 of Public
Law 107-95, the Homeless Veterans Comprehensive Assistance Act of 2001
(HVCAA). Section 2021 requires the Secretary of Labor to conduct,
directly or through grant or contract, such programs as the Secretary
determines appropriate to expedite the reintegration of homeless
veterans into the labor force.
Both urban and non-urban areas within the United States and its
territories are eligible jurisdictions to receive services under this
competition. Urban areas are defined as the metropolitan areas of the
75 U.S. cities largest in population and the metropolitan area of San
Juan, Puerto Rico (See Appendix G). Non-urban areas are defined as the
geographic areas other than the metropolitan areas of the 75 U.S.
cities largest in population and the metropolitan area of San Juan,
Puerto Rico. Applicants must identify whether they are applying for an
urban or non-urban grant award.
HVRP grants are intended to address two objectives: (1) To provide
services
[[Page 20505]]
to assist in reintegrating homeless veterans into meaningful employment
within the labor force, and (2) to stimulate the development of
effective service delivery systems that will address the complex
problems facing homeless veterans. Successful applicants will design
programs that assist eligible veterans by providing job placement
services, job training, counseling, supportive services, and other
assistance to expedite the reintegration of homeless veterans into the
labor force. Successful programs will also be designed to be flexible
in addressing the universal as well as the local or regional problems
that have had a negative impact on homeless veterans reentering the
workforce.
Under this new grantee HVRP solicitation covering Fiscal Year (FY)
2006, VETS anticipates that up to $1,500,000 will be available for
grant awards up to a maximum of $300,000 for urban areas and $200,000
for non-urban areas. VETS expects to award approximately six (6)
grants. Please be advised that urban area requests exceeding $300,000
and non-urban area requests exceeding $200,000 will be considered non-
responsive. This notice contains all of the necessary information and
forms to apply for grant funding. The period of performance for these
PY 2006 grants will be July 1, 2006 through June 30, 2007. Two (2)
optional years of additional funding may be available, depending upon
Congressional appropriations, the agency's decision to exercise the
optional year(s) of funding, and satisfactory grantee and sub-
awardee(s) performance.
I. Funding Opportunity Description
This competition is targeting eligible applicants that have not
previously received HVRP or Veterans' Workforce Investment Program
(VWIP) Funds. The U.S. Department of Labor (USDOL), Veterans'
Employment and Training Service (VETS), announces a grant competition
under 38 U.S.C. 2021, as added by section 5 of Public Law 107-95, the
Homeless Veterans Comprehensive Assistance Act of 2001 (HVCAA). Section
2021 requires the Secretary of Labor to conduct, directly or through
grant or contract, such programs as the Secretary determines
appropriate to provide job training, counseling, and placement services
(including job readiness, literacy training, and skills training) to
expedite the reintegration of homeless veterans into the labor force.
1. Program Concept and Emphasis
HVRP grants are intended to address two objectives: (a) To provide
services to assist in reintegrating homeless veterans into meaningful
employment within the labor force, and (b) to stimulate the development
of effective service delivery systems that will address the complex
problems facing homeless veterans.
For this Fiscal Year (FY) 2006 grant solicitation, VETS seeks
applicants that will provide services through a case management
approach that networks with Federal, State, and local resources for
veteran support programs. Successful applicants will have clear
strategies and obtainable goals for employment and retention of
employment for homeless veterans. Successful applicants will design
programs that assist eligible veterans by providing job placement
services, job training, counseling, mentoring, supportive services, and
other assistance to expedite the reintegration of homeless veterans
into the labor force. Successful applicants will also design programs
that are flexible in addressing the universal as well as the local or
regional problems that have had a negative impact on homeless veterans
reentering the workforce. The HVRP in PY 2006 will seek to continue to
strengthen development of effective service delivery systems, to
provide comprehensive services through a case management approach that
addresses complex problems facing eligible veterans trying to
transition into gainful employment, and to improve strategies for
employment and retention in employment.
2. Project Awareness Program Information and Orientation Activities
In order to promote networking between the HVRP-funded program and
local service providers (and thereby eliminate gaps or duplication in
services and enhance the provision of assistance to participants), the
grantee and sub-awardee(s) must provide project orientation workshops
and program awareness activities that it determines are the most
feasible for the types of providers listed below. Grantees and sub-
awardee(s) are encouraged to propose strategies for incorporating small
faith-based and community organizations (defined as organizations with
social services budgets of $500,000 or less and ten (10) or fewer full-
time employees) into their outreach plans. Project orientation
workshops conducted by grantees and sub-awardee(s) have been an
effective means of sharing information and informing the community of
the availability of other services; they are encouraged but not
mandatory. Rather, grantees and sub-awardee(s) will have the
flexibility to attend service provider meetings, seminars, and
conferences, to outstation staff, and to develop individual service
contracts as well as to involve other agencies in program planning.
The grantee and sub-awardee(s) will be responsible for providing
project awareness, program information, and orientation activities to
the following:
A. Direct providers of services to homeless veterans, including
shelter and soup kitchen operators, to make them aware of the services
available to homeless veterans to make them job-ready and to aid their
placement into jobs.
B. Federal, State, and local agencies such as the Social Security
Administration (SSA), Department of Veterans Affairs (DVA), State
Workforce Agencies (SWAs) and local One-Stop Career Centers (which
integrate Workforce Investment Act (WIA) and other employment and
training services), mental health services, and healthcare
detoxification facilities: to familiarize them with the nature and
needs of homeless veterans.
C. Civic and private sector groups, in particular veterans' service
organizations, support groups, job training and employment services,
and community-based organizations (including faith-based
organizations), to provide information on homeless veterans and their
needs.
The grantee and sub-awardee(s) will also be responsible for
participating in ``Stand Down'' events. A ``Stand Down'' is an event
held in a locality, usually for one (1) to three (3) days, where
services are provided to homeless veterans along with shelter, meals,
clothing, employment services, and medical attention. This type of
event is mostly a volunteer effort, which is organized within a
community and brings service providers together such as the Department
of Veterans Affairs, Disabled Veterans' Outreach Program Specialists
(DVOP) and Local Veterans' Employment Representatives (LVER) staff from
the State Workforce Agencies, Veteran Service Organizations, military
personnel, civic leaders, and a variety of other interested persons,
groups, and organizations. Many services are provided on-site with
referrals also made for continued assistance after the Stand Down
event. These events can often be the catalyst that enables homeless
veterans to get back into mainstream society. The Department of Labor
has supported replication of these events and many have been held
throughout the nation.
In areas where an HVRP is operating, grantees and sub-awardee(s)
are expected and encouraged to participate
[[Page 20506]]
fully and offer their services for all locally planned Stand Down
event(s). Toward this end, up to $8,000 of the requested HVRP grant
funds may be used to supplement the Stand Down efforts, where funds are
not otherwise available, and may be requested and explained in the
budget narrative.
3. Scope of Program Design
In addition to the activities described above, the project design
must include the following services:
A. Outreach, intake, assessment, peer counseling and mentoring to
the degree practical, employment services, and follow-up support
services to enhance retention in employment. Program staff providing
outreach services should have experience in dealing with, and an
understanding of the needs of, homeless veterans. Outreach activities
must include and coordinate with the DVOP and LVER staff in the State
Workforce Agencies or in the workforce investment systems' One-Stop
Career Centers System, Veterans' Workforce Investment Program (VWIP),
and the Department of Veterans Affairs.
B. Provision of or referral to employment services such as: Job
search workshops, job counseling, assessment of skills, resume writing
techniques, interviewing skills, subsidized trial employment (work
experience), job development services, job placement into unsubsidized
employment, and job placement follow-up services to enhance retention
in employment.
C. Provision of or referral to training services such as: Basic
skills instruction, remedial education activities, life skills and
money management training, on-the-job training, classroom training,
vocational training, specialized and/or licensing training programs,
and other formal training programs as deemed appropriate to benefit the
participant. At least 80% of the enrolled HVRP participants must
participate in training activities.
D. Grantees and sub-awardee(s) must perform a preliminary
assessment of each participant's eligibility for Department of Veterans
Affairs (DVA) service-connected disability, compensation, and/or
pension benefits. As appropriate, grantees and sub-awardee(s) will work
with the veterans' service organizations or refer the participants to
DVA in order to file a claim for compensation or pension. Grantees and
sub-awardee(s) will track the progress of claims and report outcomes in
individual participant case management records.
E. Coordination with veterans' services programs, including: DVOPs
and LVERs in the workforce investment system's One-Stop Career Centers,
as well as Veterans' Workforce Investment Programs (VWIPs), Department
of Veterans Affairs (DVA) services, including its Health Care for
Homeless Veterans, Domiciliary Care, Regional Benefits Assistance
Program, and Transitional Housing under Homeless Provider Grant and Per
Diem programs.
F. Networking, collaborating, and coordinating efforts with
veterans' service organizations such as: The American Legion, Disabled
American Veterans, Veterans of Foreign Wars, Vietnam Veterans of
America, The American Veterans (AMVETS), or etc. to ensure participants
apply for and/or receive other veterans' benefits that they may be
eligible for.
G. Referral as necessary to health care, counseling, and
rehabilitative services including, but not limited to: Alcohol and drug
rehabilitation, therapeutic services, Post Traumatic Stress Disorder
(PTSD) services, and mental health services as well as coordination
with McKinney-Vento Homeless Assistance Act (MVHAA) programs for health
care for the homeless, and health care programs under the Homeless
Veterans Comprehensive Assistance Act (HVCAA) of 2001.
H. Referral to housing assistance, as appropriate, provided by:
Local shelters, Federal Emergency Management Administration (FEMA) food
and shelter programs, transitional housing programs and single room
occupancy housing programs funded under MVHAA and HVCAA, and permanent
housing programs for disabled homeless persons funded under MVHAA and
HVCAA.
4. Results-Oriented Model
No specific model is mandatory, but successful applicants will
design a program that is responsive to the needs of the local community
and achieves the HVRP objectives. The HVRP objectives are to
successfully reintegrate homeless veterans into the workforce and to
stimulate the development of effective service delivery systems that
will address the complex problems facing homeless veterans. Under the
Government Performance and Results Act (GPRA), Congress and the public
are looking for program results rather than program processes.
For purposes of assessing performance of grantees selected under
this SGA, VETS will focus on two performance measures described below.
However, grantees also will be required to report additional
performance information, as required in DOL guidance on OMB Common
Measures and as described below. All performance outcomes will be
reported quarterly using an Internet-based reporting system for HVRP,
with access provided to successful grantees after the award process has
been completed.
There are two (2) outcome measures with established performance
targets for HVRP grants. The first outcome measure is the placement
rate with a performance target for grantees and sub-awardee(s) to meet
a minimum placement rate of 61.5%. This is determined by dividing the
number of participants placed into employment by the total number of
HVRP participants. While the percentage of HVRP participants placed
into employment is an important outcome, it is also necessary to
evaluate and measure the program's longer-term results, through the 90-
day and 180-day follow-up periods. The second outcome measure is
retention following placement with a performance target for grantees
and sub-awardee(s) to meet a minimum rate of retention of 58.5% at 180
days following placement. This is determined by dividing the number of
participants retained in employment at 180 days following placement
divided by the total number of participants placed into employment.
While there is no performance target established for retention at 90
days following placement, grantees are required to collect and report
the rate of retention in employment at that point.
In applying the Common Measures, grantees will be required to
collect additional information according to the Common Measures
definitions but no performance targets for grantees will be established
according to those definitions during this period of performance. That
is because the baseline information required to establish performance
targets does not yet exist. Upon award, grantees will be provided with
detailed information regarding the specific information required to be
collected and reported. At this point, it is sufficient for grantees to
be aware of two requirements in addition to the requirements identified
above. First, it will be necessary for grantees to collect and report
on the rate of retention in employment at 270 days following placement
into employment. Second, at the 180 day and 270 day points of retention
in employment following placement, grantees will be required to collect
and report the average weekly earnings of those retained in employment.
This is calculated by multiplying each participant's hourly wage by the
average number of hours per week that the participant was employed
during the previous quarter.
[[Page 20507]]
The applicant's program should be based on a results-oriented
model. The first phase of activity should consist of the level of
outreach necessary to introduce the program to eligible homeless
veterans. Outreach also includes establishing contact with other
agencies that encounter homeless veterans. Once the eligible homeless
veterans have been identified, an assessment must be made of each
individual's abilities, interests, needs, and barriers to employment.
In some cases, participants may require referrals to services such as
rehabilitation, drug or alcohol treatment, or a temporary shelter
before they can be enrolled into the HVRP program. Once the eligible
homeless veteran is stabilized, the assessment must concentrate on the
employability of the individual and whether the individual is to be
enrolled into the HVRP program.
A determination should be made as to whether the HVRP participant
would benefit from pre-employment preparation such as resume writing,
job search workshops, related employment counseling, and case
management, or possibly an initial entry into the job market through
temporary jobs. Additionally, sheltered work environments such as the
Department of Veterans Affairs Compensated Work Therapy Program,
classroom training, and/or on-the-job training must be evaluated. Such
services should be noted in an Individual Employment Plan to facilitate
the staff's successful monitoring of the participant's progress. Entry
into full-time employment or a specific job-training program should
follow, in keeping with the overall objective of HVRP, to bring the
participant closer to self-sufficiency. The grantee should provide or
arrange for these supportive services that will enable the HVRP
participant to successfully perform all the activities specified in the
Individual Employment Plan.
Job development, a crucial part of the employability process,
usually occurs when there are no competitive job openings that the HVRP
participant is qualified to apply for; therefore, a job opportunity
with an employer is created, developed, and customized specifically for
that HVRP participant. HVRP participants who are ready to enter
employment and are in need of intensive case management services for
employment purposes are to be referred to the DVOP and LVER staff at a
One-Stop Career Center. DVOP and LVER staff are able to provide HVRP
participants the following services: Job development, employment
services, case management for employment purposes, and career
counseling. Most DVOP and LVER staff received training in case
management for employment purposes at the National Veterans' Training
Institute. All DVOP and LVER staff provide employment-related services
to veterans who are most at a disadvantage in the labor market. VETS
recommends working hand-in-hand with DVOP/LVER and other One-Stop
Career Center staff to achieve economies of resources and to avoid
duplication of services. DVOP/LVER staff may also be able to provide
grantees and sub-awardee(s) valuable assistance in tracking
participants within their State wage record management information
system for follow-up purposes at 90 and 180 days after a participant
enters employment.
The applicant's program must include tracking of program
participants. Participant tracking should begin with the referral to
supportive services and training activities and continue at placement
into employment and through the 90-day and 180-day follow-up periods
after entering employment. It is important that the grantee and sub-
awardee(s) maintain contact with veterans after placement to ensure
that employment-related problems are addressed. The 90-day and 180-day
follow-ups are fundamental to assessing program results. Grantees and
sub-awardee(s) need to budget for 90-day and 180-day follow-up activity
so that it can be performed for those participants placed at or near
the end of the grant performance period. All grantees and sub-
awardee(s), prior to the end of the grant performance period, must
obligate sufficient funds to ensure that follow-up activities are
completed. Such results will be reported in the final technical
performance report.
II. Award Information
1. Type of Funding Instrument
One (1) year grant with optional funding for an additional two
years.
Note: Selection of an organization as a grantee does not
constitute final approval of the grant application as submitted.
Before the actual grant is awarded, USDOL may enter into
negotiations about such items as program components, staffing, and
funding levels, and administrative systems in place to support grant
implementation. If the negotiations do not result in a mutually
acceptable submission, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the application.
2. Funding Levels
The total funding available for this New Grantee HVRP solicitation
is up to $1,400,000. It is anticipated that approximately seven (7)
awards will be made under this solicitation. Awards are expected to
range from a minimum of $75,000 to a maximum of $200,000 for non-urban
areas and $300,000 for urban areas. The Department of Labor reserves
the right to negotiate the amounts to be awarded under this
competition. Please be advised that requests exceeding $200,000 for
non-urban areas and $300,000 for urban areas will be considered non-
responsive and will not be evaluated. If there are any residual
programmatic funds, the Department of Labor reserves the right to
select for funding the next highest scoring applicant(s) on the
competitive list developed for this SGA up to one (1) year after the
initial performance period begins or June 30, 2007.
3. Period of Performance
The period of performance will be for the twelve (12) month period
of July 1, 2006 to June 30, 2007, unless modified by the Grant Officer.
It is expected that successful applicants will begin program operations
under this solicitation on July 1, 2006. All program funds must be
obligated by June 30, 2007; a limited amount of funds may be obligated
and reserved for follow-up activities and closeout.
4. Optional Year Funding
Should Congress appropriate additional funds for this purpose, VETS
may consider up to two (2) additional years of optional funding. The
Government does not, however, guarantee optional year funding for any
grantee or sub-awardee(s). In deciding whether to exercise any optional
year(s) of funding, VETS will consider grantee and sub-awardee(s)
performance during the previous period of operations as follows:
A. The grantee and sub-awardee(s) must meet, at minimum, 90% of
planned cumulative goals for Federal expenditures, enrollments,
placements into employment, and training by the end of the third
quarter; and
B. The grantee and sub-awardee(s) must have complied with all terms
identified in the Solicitation for Grant Application (SGA), grant award
document, and General and Special Grant Provisions; and
C. All program and fiscal reports must have been submitted by the
established due dates and the grantee and sub-awardee(s) must verify
these reports for accuracy purposes.
III. Eligibility Information
1. Eligible Applicants
In order to be eligible, applicants must not have previously
received
[[Page 20508]]
HVRP or VWIP funds. Applications for funds will be accepted from State
and local Workforce Investment Boards, local public agencies, for-
profit/commercial entities, and non-profit organizations, including
faith-based and community organizations. Applicants must have a
familiarity with the area and population to be served and the ability
to administer an effective and timely program.
Eligible applicants will generally fall into one of the following
categories:
State and local Workforce Investment Boards (WIBs),
established under sections 111 and 117 of the Workforce Investment Act.
Public agencies, meaning any public agency of a State or
of a general purpose political subdivision of a State that has the
power to levy taxes and spend funds, as well as general corporate and
police powers. (This typically refers to cities and counties.) A State
agency may propose in its application to serve one or more of the
jurisdictions located in its State. This does not preclude a city or
county agency from submitting an application to serve its own
jurisdiction.
For-profit/commercial entities.
Non-profit organizations (including faith-based and
community organizations). If claiming 501(c)(3) status, the Internal
Revenue Service statement indicating 501(c)(3) status approval must be
submitted.
Note that entities organized under section 501(c)(4) of the
Internal Revenue Code that engage in lobbying activities are not
eligible to receive funds under this announcement. Section 18 of the
Lobbying Disclosure Act of 1995, Public Law 104-65, 109 Stat. 691 (2
U.S.C. 1611) prohibits instituting an award, grant, or loan of federal
funds to 501(c)(4) entities that engage in lobbying.
2. Cost Sharing
Cost sharing and matching funds are not required. However, we do
encourage grantees and sub-awardee(s) to maximize the resources
available to the HVRP program and its participants.
3. Other Eligibility Criteria
A. Both urban and non-urban areas within the United States and its
territories are eligible jurisdictions to receive services under this
competition. Urban areas are defined as the metropolitan areas of the
75 U.S. cities largest in population and the metropolitan area of San
Juan, Puerto Rico (See Appendix G). Non-urban areas are defined as the
geographic areas other than the metropolitan areas of the 75 U.S.
cities largest in population and the metropolitan area of San Juan,
Puerto Rico. Applicants must identify whether they are applying for an
urban or non-urban grant award.
B. The proposal must include a participant outreach component that
uses DVOP/LVER staff and/or trained outreach staff. Programs must be
``employment-focused.'' An ``employment-focused'' program is a program
directed toward: (1) Increasing the employability of homeless veterans
through training or arranging for the provision of services that will
enable them to reintegrate into the labor force and (2) matching
homeless veterans with potential employers and/or entrepreneurial
opportunities.
C. Applicants are encouraged to utilize, through partnerships or
sub-awards, experienced public agencies, private non-profit
organizations, private businesses, faith-based and community
organizations, and colleges and universities (especially those with
traditionally high enrollments of minorities) that have an
understanding of unemployment and the barriers to employment unique to
homeless veterans, a familiarity with the area to be served, linkages
with the One-Stop Career Center(s), and the capability to effectively
provide the necessary services.
D. Legal rules pertaining to inherently religious activities by
organization that receive Federal Financial Assistance. Neutral, non-
religious criteria that neither favor nor disfavor religion will be
employed in the selection of grant recipients and must be employed by
grantees or in the selection of sub-awardee(s). The government is
generally prohibited from providing direct financial assistance for
inherently religious activities. These grants may not be used for
religious instruction, worship, prayer, proselytizing or their
inherently religious activities. In this context, the term direct
financial assistance means financial assistance that is provided
directly by a government entity or an intermediate organization, as
opposed to financial assistance that an organization receives as the
result of the genuine and independent private choice of a beneficiary.
In other contexts, the term ``direct'' financial assistance may be used
to refer to financial assistance that an organization receives directly
from the Federal government (also known as ``discretionary''
assistance), as opposed to assistance that it receives from a State or
local government (also known as ``indirect'' or ``block'' grant
assistance). The term ``direct'' has the former meaning throughout this
paragraph.
E. To be eligible for enrollment as a participant under this HVRP
grant an individual must be homeless and a veteran defined as follows:
The term ``homeless or homeless individual'' includes
persons who lack a fixed, regular, and adequate nighttime residence. It
also includes persons whose primary nighttime residence is either a
supervised public or private shelter designed to provide temporary
living accommodations; an institution that provides a temporary
residence for individuals intended to be institutionalized; or a public
or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. [42 U.S.C. 11302 (a)].
The term ``veteran'' means a person who served in the
active military, naval, or air service, and who was discharged or
released under conditions other than dishonorable. [38 U.S.C. 101(2)].
IV. Application and Submission Information
1. Address To Request an Application and Amendments
This SGA, together with its attachments, includes all the
information needed to apply. Additional application packages and
amendments to this SGA may be obtained from the VETS Web site address
at http://www.dol.gov/vets, the Federal Grant Opportunities Web site
address at http://www.grants.gov, and from the Federal Register Web
site address at http://www.gpoaccess.gov/fr/index.html. The Federal
Register may also be obtained from your nearest government office or
library. Additional copies of the standard forms can be downloaded
from: http://www.whitehouse.gov/omb/grants/grants_forms.html.
All grant applications are to be mailed to: Department of Labor,
Procurement Services Center, Attention: Cassandra Mitchell, Reference
SGA 06-05, 200 Constitution Avenue NW., Room N-5416,
Washington, DC 20210. Phone Number: (202) 693-4570 (this is not a toll-
free number).
Applicants may also apply online at http://www.grants.gov.
Applicants submitting proposals online are requested to refrain from
mailing a hard copy application as well. It is strongly recommended
that applicants using http://www.grants.gov immediately initiate and
complete the ``Get Started'' registration steps at http://www.grants.gov/GetStarted. These steps may take multiple days to
complete, and this time should be factored into plans for electronic
submission in order to
[[Page 20509]]
avoid facing unexpected delays that could result in the rejection of an
application. If submitting electronically through http://www.grants.gov
it would be appreciated if the application submitted is saved as .doc,
.pdf, or .txt files.
Except provided in section IV.3., any application received
after the deadline will be considered as non-responsive and will not be
evaluated.
2. Content and Form of Application
The application must include the name, address, telephone number,
fax number, and e-mail address (if applicable) of a key contact person
at the applicant's organization in case questions should arise. To be
considered responsive to this solicitation the application must consist
of three (3) separate and distinct sections: The Executive Summary, the
Technical Proposal, and the Cost Proposal. The information provided in
these three (3) sections is essential to demonstrate an understanding
of the programmatic and fiscal contents of the grant proposal.
A complete grant application package must not exceed 75 single-
sided pages (8\1/2\'' x 11''), double-spaced, 12-point font, typed
pages (all attachments are included in the 75 page maximum).
Applications that contain more than 75 pages total will be considered
non-responsive. Major sections and sub-sections of the application
should be divided and clearly identified (e.g. with tab dividers), and
all pages shall be numbered. To be considered responsive grant
applications are to include:
An original, blue ink-signed, and two (2) copies of the
cover letter.
An original and two (2) copies of the Executive Summary
(see below).
An original and two (2) copies of the Technical Proposal
(see below) that includes a completed Technical Performance Goals Form
(Appendix D). Also include all attachments with the technical proposal,
such as the applicant's information showing outcomes of employment and
training programs that it has had in the past three (3) years in terms
of enrollments and participants who have entered into employment.
An original and two (2) copies of the Cost Proposal (see
below) that includes an original, blue ink-signed, Application for
Federal Assistance, SF-424 (Appendix A), a Budget Narrative, Budget
Information Sheet SF-424A (Appendix B), an original, blue ink-signed,
Assurances and Certifications Signature Page (Appendix C), a Direct
Cost Description for Applicants and Sub-applicants (Appendix E), a
completed Survey on Ensuring Equal Opportunity for Applicants (Appendix
F), and the applicant's grant specific financial and/or audit statement
dated within the last 18 months (does not count towards the 75 page
limitation).
A. Section 1--Executive Summary: A one to two page ``Executive
Summary'' reflecting the grantee's and sub-awardee(s) proposed overall
strategy, timeline, and outcomes to be achieved in their grant proposal
is required. The Executive Summary should include:
The proposed area to be served through the activities of
this grant application.
The grantee's experience in serving the residents in the
proposed service area.
The proposed projects and activities that will expedite
the reintegration of homeless veterans into the workforce.
A summary of anticipated outcomes, benefits, and value
added by the project.
B. Section 2--Technical Proposal consists of a narrative proposal
that demonstrates the need for this particular grant program, the
services and activities proposed to obtain successful outcomes for the
homeless veterans to be served; and the applicant's ability to
accomplish the expected outcomes of the proposed project design. All
applications must respond to the requirements for the program concept,
required activities, and results oriented model set forth in Section I
of the SGA.
Required Content: There are program activities that all
applications must contain to be found technically acceptable under this
SGA. Programs must be ``employment-focused'' and must be responsive to
the rating criteria in Section V(1). The required program activities
are: Participant outreach and project awareness activities, pre-
enrollment assessments, individual employment plans for each
participant, case management, job placement, job retention follow-up
(at 90 and 180 days) after individual enters employment, utilization
and coordination of employment services through the One-Stop Career
Center System, including the DVOP and LVER staff, and with community
linkages with other programs that provide support to homeless veterans.
All applicants must respond to the requirements for the program
concept, required activities and results-oriented model described in
Section I. of the SGA.
The following format for the technical proposal is recommended:
Need for the program: The applicant must identify the geographical
area to be served and provide an estimate of the number of homeless
veterans in the designated geographical area. Include poverty and
unemployment rates in the area and identify the disparities in the
local community infrastructure that exacerbate the employment barriers
faced by the targeted veterans. Include labor market information and
job opportunities in the employment fields and industries that are in
demand in the geographical area to be served. Applicants are to clearly
describe the proposed program awareness and participant outreach
strategies.
Approach or strategy to increase employment and job retention:
Applicants must be responsive to the Rating Criteria contained in
section V(1) and address all of the rating factors as thoroughly as
possible in the narrative. The applicant must:
Describe the specific employment and training services to
be provided under this grant and the sequence or flow of such services;
Indicate the type(s) of training that will be provided
under the grant and how it relates to the jobs that are in demand,
length of training, training curriculum, and how the training will
improve the eligible veterans' employment opportunities within that
geographical area;
Provide a follow-up plan that addresses retention after 90
and 180 days with participants who have entered employment;
Include the completed Planned Quarterly Technical
Performance Goals (and planned expenditures) form listed in Appendix D.
If the Planned Quarterly Technical Performance Goals form listed in
Appendix D is not submitted, the grant application package will be
considered as non-responsive.
Linkages with facilities that serve homeless veterans: Describe
program and resource linkages with other facilities that will be
involved in identifying potential clients for this program. Applicants
are encouraged to submit a list of their local area network of service
providers that offer and provide services to benefit HVRP participants.
Describe any networks with other related resources and/or other
programs that serve homeless veterans. Indicate how the program will be
coordinated with any efforts that are conducted by public and private
agencies in the community. Indicate how the applicant will coordinate
with any continuum of care efforts for the homeless among agencies in
the community. If an Memorandum of Understanding (MOU) or other service
agreement with service providers exists, copies should be provided.
Linkages with other providers of employment and training services
to
[[Page 20510]]
homeless veterans: Describe the linkages, networks, and relationships
the proposed program will have with other providers of services to
homeless veterans; include a description of the relationship with other
employment and training programs in the One-Stop Career Center System
such as Disabled Veterans' Outreach Program (DVOP), the Local Veterans'
Employment Representative (LVER) program, and programs under the
Workforce Investment Act such as the Veterans' Workforce Investment
Program (VWIP); list the type of services that will be provided by
each. Note the type of agreement in place, if applicable. Linkages with
the workforce investment system are required. Describe any networks
with any other resources and/or other programs for homeless veterans.
If an MOU or other service agreement with other service providers
exists, copies should be provided.
Linkages with other Federal agencies: Describe program and resource
linkages with the Department of Housing and Urban Development (HUD),
Department of Health and Human Services (HHS), and Department of
Veterans Affairs (DVA), to include the Compensated Work Therapy (CWT)
and Grant and Per Diem programs. If an MOU or other service agreement
with other service providers exists, copies should be provided.
Proposed supportive service strategy for veterans: Describe how
supportive service resources for veterans will be obtained and used. If
resources are provided by other sources or linkages, such as Federal,
State, local, or faith-based and community programs, the applicant must
fully explain the use of these resources and how they will be applied.
If an MOU or other service agreement with other service providers
exists, copies should be provided.
Organizational capability to provide required program activities:
The applicant's relevant current and prior experience (within the last
three year period) in operating employment and training programs is to
be clearly described, if applicable. A summary narrative of program
experience and employment and training performance outcomes is
required. The applicant must provide information showing outcomes of
employment and training programs that it has had in the past three (3)
years in terms of enrollments and participants who have entered into
employment. An applicant that has operated a HVRP, other homeless
employment and training program, or VWIP program must also include the
final or most recent cumulative quarterly technical performance report.
Please note that the Department of Labor grant review panel
members, who will be reviewing all grant applications submitted as a
result of this SGA, do not have access to any reporting information
systems during the review process, therefore, if final or most recent
cumulative quarterly technical performance reports are not submitted,
the grant application may be considered non-responsive.
The applicant must also provide evidence of key staff capability to
include resumes, staff biographies, organizational charts, statements
of work, and etc. It is preferred that the grantee and sub-awardee(s)
be a well established service provider and not in the initial start-up
phase or process.
Proposed housing strategy for homeless veterans: Describe how
housing resources for eligible homeless veterans will be obtained or
accessed. These resources must be from linkages or sources other than
the HVRP grant such as HUD, HHS, community housing resources, DVA Grant
and Per Diem Program, or other local housing programs.
C. Section 3--The Cost Proposal must contain the following:
Applicants can expect that the cost proposal will be reviewed for
allocability, allowability, and reasonableness.
(1) Standard Form SF-424, ``Application for Federal Assistance''
(with the original signed in blue-ink) (Appendix A) must be completed;
The Catalog of Federal Domestic Assistance number for this program
is 17.805 and it must be entered on the SF-424, in Block 11.
The organizational unit section of Block 8 of the SF-424 must
contain the Dun and Bradstreet Number (DUNS) of the applicant.
Beginning October 1, 2003, all applicants for Federal grant funding
opportunities are required to include a DUNS number with their
application. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June
27, 2003). Applicants' DUNS number is to be entered into Block 8 of SF-
424. The DUNS number is a nine-digit identification number that
uniquely identifies business entities. There is no charge for obtaining
a DUNS number. To obtain a DUNS number call 1-866-705-5711 or access
the following Web site: http://www.dunandbradstreet.com/.
Requests for exemption from the DUNS number requirement must be
made to the Office of Management and Budget. If no DUNS number is
provided then the grant application will be considered non-responsive.
(2) Standard Form SF-424A ``Budget Information Sheet'' (Appendix B)
must be included;
(3) As an attachment to SF-424A, the applicant must provide a
detailed cost breakout of each line item on the Budget Information
Sheet. Please label this page or pages the ``Budget Narrative'' and
ensure that costs reported on the SF-424A correspond accurately with
the Budget Narrative;
The Budget Narrative must include, at a minimum:
Breakout of all personnel costs by position, title, annual
salary rates, and percent of time of each position to be devoted to the
proposed project (including sub-grantees) by completing the ``Direct
Cost Descriptions for Applicants and Sub-Applicants'' form (Appendix
E);
Explanation and breakout of extraordinary fringe benefit
rates and associated charges (i.e., rates exceeding 35% of salaries and
wages);
Explanation of the purpose and composition of, and
methodology used to derive the costs of each of the following: travel,
equipment, supplies, sub-awards/contracts, and any other costs. The
applicant must include costs of any required travel described in this
Solicitation. Planned travel expenditures may not exceed 5% of the
total HVRP funds requested. Mileage charges may not exceed 44.5 cents
per mile or the current Federal rate;
All associated costs for obtaining and retaining
participant information pertinent to the follow-up survey, at 90 and
180 days after the program performance period ends;
Description/specification of, and justification for,
equipment purchases, if any. Tangible, non-expendable, personal
property having a useful life of more than one year and a unit
acquisition cost of $5,000 or more per unit must be specifically
identified; and
Matching funds, leveraged funds, and in-kind services are
not required for HVRP grants. However, if matching funds, leverage
funds, or in-kind services are to be used, an identification of all
sources of leveraged or matching funds and an explanation of the
derivation of the value of matching/in-kind services must be provided.
When resources such as matching funds, leveraged funds, and/or the
value of in-kind contributions are made available, please describe in
section B of the Budget Information Sheet.
(4) A completed Assurance and Certification signature page
(Appendix C) (signed in blue ink) must be submitted;
(5) All applicants must submit evidence of satisfactory financial
[[Page 20511]]
management capability, which must include recent (within the last 18
months) grant specific financial and/or audit statements (does not
count towards the 75 page limitation). All successful grantees and sub-
awardee(s) are required to utilize Generally Accepted Accounting
Practices (GAAP), maintain a separate accounting for these grant funds,
and have a checking account;
(6) All applicants must include, as a separate appendix, a list of
all employment and training government grants and contracts that they
have had in the past three (3) years, including grant/contract officer
contact information. VETS reserves the right to have a DOL
representative review and verify this data;
(7) A completed Survey on Ensuring Equal Opportunity for Applicants
(Appendix F) must be provided.
3. Submission Dates and Times (Acceptable Methods of Submission)
The grant application package must be received at the designated
place by the date and time specified or it will not be considered. Any
application received at the Office of Procurement Services after 5 p.m.
EDT, May 22, 2006, will not be considered unless it is received before
the award is made and:
It is determined by the Government that the late receipt
was due solely to mishandling by the Government after receipt at the
U.S. Department of Labor at the address indicated; or
It was sent by registered or certified mail not later than
the fifth calendar day before May 22, 2006; or
It was sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee, not later than 5 p.m. at the place of
mailing two (2) working days, excluding weekends and Federal holidays,
prior to May 22, 2006.
The only acceptable evidence to establish the date of mailing of a
late application sent by registered or certified mail is the U.S.
Postal Service postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. If the postmark is not legible,
an application received after the above closing time and date shall be
processed as if mailed late. ``Postmark'' means a printed, stamped or
otherwise placed impression (not a postage meter machine impression)
that is readily identifiable without further action as having been
applied and affixed by an employee of the U.S. Postal Service on the
date of mailing. Therefore applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper. Applications cannot be
accepted by e-mail or facsimile machine.
The only acceptable evidence to establish the date of mailing of a
late application sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee is the date entered by the Post Office
clerk on the ``Express Mail Next Day Service-Post Office to Addressee''
label and the postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. ``Postmark'' has the same meaning
as defined above. Therefore, applicants should request that the postal
clerk place a legible hand cancellation ``bull's-eye'' postmark on both
the receipt and the envelope or wrapper.
The only acceptable evidence to establish the time of receipt at
the U.S. Department of Labor is the date/time stamp of the Procurement
Services Center on the application wrapper or other documentary
evidence or receipt maintained by that office. Applications sent by
other delivery services, such as Federal Express, UPS, etc., will also
be accepted.
All applicants are advised that U.S. mail delivery in the
Washington, DC area has been erratic due to security concerns. All
applicants must take this into consideration when preparing to meet the
application deadline, as you assume the risk for ensuring a timely
submission, that is, if, because of these mail problems, the Department
does not receive an application or receives it too late to give proper
consideration, even if it was timely mailed, the Department is not
required to consider the application.
4. Intergovernmental Review
Not applicable.
5. Funding Restrictions
A. Applications requesting to serve urban areas that exceed
$300,000 and applications requesting to serve non-urban areas that
exceed $200,000 will be considered non-responsive and will not be
evaluated.
B. There is a limit of one (1) application per submitting
organization and physical location serving the same HVRP participant
population. If two (2) original applications from the same organization
for the same physical location serving the same HVRP participant
population are submitted, the application with the later date will be
considered as non-responsive. Please do not submit duplicate original
grant applications as only one (1) grant application will be considered
for funding purposes.
C. There will not be reimbursement of pre-award costs unless
specifically agreed upon in writing by the Department of Labor.
D. Entities described in section 501(c)(4) of the Internal Revenue
Code that engage in lobbying activities are not eligible to receive
funds under this announcement because section 18 of the Lobbying
Disclosure Act of 1995, Public Law No. 104-65, 109 Stat. 691, prohibits
the award of Federal funds to these entities.
E. Limitations on Administrative and Indirect Costs
Administrative costs, which consist of all direct and
indirect costs associated with the supervision and management of the
program, are limited to and may not exceed 20% of the total grant
award.
Indirect costs claimed by the applicant must be based on a
Federally approved rate. A copy of the current negotiated approved and
signed indirect cost negotiation agreement must be submitted with the
application. Furthermore, indirect costs are considered a part of
administrative costs for HVRP purposes and, therefore, may not exceed
20% of the total grant award.
If the applicant does not presently have an approved
indirect cost rate, a proposed rate with justification may be
submitted. Successful applicants will be required to negotiate an
acceptable and allowable rate within 90 days of grant award with the
appropriate DOL Regional Office of Cost Determination or with the
applicant's cognizant agency for indirect cost rates (See Office of
Management and Budget Web site at http://www.whitehouse.gov/omb/grants/attach.html).
Indirect cost rates traceable and trackable through the
State Workforce Agency's Cost Accounting System represent an acceptable
means of allocating costs to DOL and, therefore, can be approved for
use in grants to State Workforce Agencies.
V. Application Review Information
1. Application Evaluation Criteria
Applications may receive up to 110 total points based on the
following criteria:
A. Need for the project: 10 points. The applicant will document the
need for this project, as demonstrated by: (i) The potential number or
concentration of homeless individuals and homeless veterans in the
proposed project area relative to other similar areas; (ii) the rates
of poverty and unemployment in the proposed project area as determined
by the census or other surveys; and (iii) the extent of the gaps in the
local infrastructure to effectively address the employment barriers
that characterize the target population.
[[Page 20512]]
B. Overall strategy to increase employment and retention in
employment: 35 points [and up to 10 additional points (for a total of
45 points) if overall strategy includes an approach for addressing
barriers to employment faced by chronically homeless veterans as
described below.] The application must include a description of the
approach to providing comprehensive employment and training services,
including outreach, pre-enrollment assessment, job training, job
development, obtaining employer commitments to hire, placement, and
post-placement follow-up services. Applicants must address how they
will target occupations that are locally in demand with career growth
potential and that will provide wages to ensure self-sufficiency for
the participant. Supportive services provided as part of the strategy
of promoting job readiness and job retention must be indicated. The
applicant must identify the local services and sources of training to
be used for participants. At least 80% of participants must participate
in training activities. A description of the relationship with other
employment and training programs delivered through the One-Stop Career
Center System must be specified. Applicants must indicate how the
activities will be tailored or responsive to the needs of homeless
veterans. A participant flow chart may be used to show the sequence and
mix of services.
Additional Points: Up to an additional 10 points under this section
will be awarded to grant proposals that focus some of their effort on
addressing the barriers to employment faced by chronically homeless
veterans. A veteran who is ``chronically homeless'' is an unaccompanied
homeless individual with a disabling condition who has either been
continuously homeless for a year or more, OR who has had at least four
(4) episodes of homelessness in the past three (3) years. In order to
be considered chronically homeless, a person must have been sleeping in
a place not meant for human habitation (e.g., living on the streets)
and/or in an emergency homeless shelter. A disabling condition is
defined as a diagnosable substance use disorder, serious mental
illness, developmental disability, or chronic physical illness or
disability including the co-occurrence of two or more of these
conditions. A disabling condition limits an individual's ability to
work or perform one or more activities of daily living.
Note: The applicant must complete Appendix D, the Recommended
Format for Planned Quarterly Technical Performance Goals, with
proposed programmatic outcomes, including participants served,
placement/entered employments and job retention.
C. Quality and extent of linkages with other providers of services
to the homeless and to veterans: 20 points. The application must
provide information on the quality and extent of the linkages this
program will have with other providers of services to homeless veterans
in the local community including faith-based and community
organizations. For each service, the applicant must specify who the
provider is, the source of funding (if known), and the type of
linkages/referral system established or proposed. Describe, to the
extent possible, how the project would be incorporated into the local
community's continuum of care approach and the local community's ten
(10) year plan to end homelessness, if applicable (see Interagency
Council on Homelessness Web page at http://www.ich.gov for additional
information).
Describe how the proposed project links to the appropriate State
Workforce Agency and One-Stop Career Center(s) including coordination
and collaboration with DVOP/LVER and other One-Stop Career Center
staff, HUD, HHS, DVA, and other local community-based programs and the
services that will be provided as necessary on behalf of the homeless
veteran participants to be served.
D. Demonstrated capability in providing required program services,
including programmatic reporting and participant tracking: 25 points.
The applicant must describe its relevant prior experience in operating
employment and training programs and providing services to participants
similar to those that are proposed under this solicitation. Specific
outcomes previously achieved by the applicant must be described, such
as number of enrollments, number of participants that were placed into
employment, cost per placement into employment, benefits secured,
network coalitions, etc. The applicant must also address its capacity
for timely startup of the program, programmatic reporting, and
participant tracking. The applicant should describe its staff
experience and ability to manage the administrative, programmatic, and
financial aspects of a grant program. Include a recent (within the last
18 months) grant specific financial statement and/or audit (does not
count towards the 75 page limitation). Final or most recent financial
and technical performance reports for other relevant programs must be
submitted, if applicable. Because prior HVRP experience is not a
requirement for this grant, applicants may have other similar type
programmatic performance reports to submit as evidence of experience in
operating other employment and training type programs.
E. Quality of overall housing strategy: 10 points. The application
must demonstrate how the applicant proposes to obtain or access housing
resources for participants in the program and participants entering
into the labor force. This discussion should specify the provisions
made to access temporary, transitional, and permanent housing for
participants through various community resources such as HUD, DVA Grant
and Per Diem Program, and other locally funded housing programs. HVRP
funds may not be used for housing purposes or purchasing or leasing of
vehicles.
2. Review and Selection Process
Grant applications will be reviewed by a Department of Labor grant
review panel using the point scoring system specified above in Section
V(1). The grant review panel will assign a score after objectively and
carefully evaluating each responsive grant application and all
responsive grant applications will be ranked based on this score. The
ranking will be the primary basis to identify applicants as potential
grantees. The grant review panel will establish a competitive range,
based upon the proposal evaluation, for the purpose of selecting
qualified applicants. For this solicitation, the minimum acceptable
score is 70.
The grant review panel, the Assistant Secretary for Veterans'
Employment and Training (ASVET), and Grant Officer may further evaluate
grant applications deemed within the competitive range in order to
compare goals of other grant applications deemed within the competitive
range. The grant review panel, the ASVET, and the Grant Officer may
consider any information that comes to their attention, including past
performance, and will make a final selection determination based on
what is most advantageous to the Government, considering factors such
as grant review panel findings, geographical presence of the
applicants, existing grants, or the areas to be served and the best
value to the government, cost, and other factors considered. The grant
review panel's conclusions are advisory in nature and not binding on
the Grant Officer. However, if no application receives at least that
minimum score, the Grant Officer may either designate no grantee or may
[[Page 20513]]
designate an entity based on demonstrated capability to provide the
best services to the client population. Further, the Grant Officer
reserves the right to select applicants with scores lower than the
minimum or lower than the competing applications, if such a selection
would, in the Grant Officer's judgment, result in the most effective
and appropriate combination of services to grant beneficiaries.
The grant review panel will screen all applicant cost proposals to
ensure expenses are allocable, allowable, and reasonable.
Determinations of allowable costs will be made in accordance with the
applicable Federal cost principles, e.g. Non-Profit Organizations--OMB
Circular A-122. Unallowable costs are those charges to a grant that a
grantor agency or its representatives determined not to be allowed in
accordance with the applicable Federal Cost Principles or other
conditions contained in the grant. If the grant review panel, ASVET,
and Grant Officer conclude that the cost proposal contains an
expense(s) that is not allocable, allowable, and/or reasonable, the
application may be considered ineligible for funding. Further, the
grant review panel, the ASVET, and the Grant Officer will consider
applicant information concerning the proposed cost per placement,
percentage of participants placed into unsubsidized employment, average
wage at placement, and 90- and 180-day retention in employment
percentages. The national average cost per placement for HVRP for last
year was $2,200. The Government reserves the right to ask the applicant
for clarification on any aspect of a grant application. The Grant
Officer may consult with the Department of Labor staff on any potential
grantee and/or sub-awardee(s) concerns. The Grant Officer's
determination for award under SGA 06-05 is the final agency
action. The submission of the same proposal from any prior year HVRP
competition does not guarantee an award under this Solicitation.
3. Anticipated Announcement and Award Dates
Announcement of this award is expected to occur by June 20, 2006.
The grant agreement will be awarded by no later than July 1, 2006.
VI. Award Administration Information
1. Award Notices
A. The Notice of Award signed by the Grant Officer is the
authorizing document and will be provided through postal mail and/or by
electronic means to the authorized representative listed on the SF-424
Grant Application. Notice that an organization has been selected as a
grant recipient does not constitute final approval of the grant
application as submitted. Before the actual grant award, the Grant
Officer and/or the Grant Officer's Technical Representative may enter
into negotiations concerning such items as program components, funding
levels, and administrative systems. If the negotiations do not result
in an acceptable submittal, the Grant Officer reserves the right to
terminate the negotiation and decline to fund the proposal.
B. A post-award conference will be held for those grantees awarded
FY 2006 HVRP funds through this competition. The post-award conference
is expected to be held in August 2006 and up to two (2) grant recipient
representatives must be present. The site of the post-award conference
has not yet been determined; however, for planning and budgeting
purposes, applicants should allot four (4) days and use Washington, DC
as the conference site. The post-award conference will focus on
providing information and assistance on reporting, record keeping,
grant requirements, and also include networking opportunities to learn
of best practices from more experienced and successful grantees and
sub-awardee(s). Costs associated with attending this conference for up
to two (2) grantee representatives will be allowed as long as they are
incurred in accordance with Federal travel regulations. Such costs must
be charged as administrative costs and reflected in the proposed
budget.
2. Administrative and National Policy Requirements
All grantees and sub-awardees must comply with the provisions of
Title 38 U.S.C. and its regulations, as applicable.
A. Administrative Program Requirements
All grantees and sub-awardees, including faith-based organizations,
will be subject to applicable Federal laws (including provisions of
appropriations law), regulations, and the applicable Office of
Management and Budget (OMB) Circulars. The grant(s) awarded under this
SGA will be subject to the following administrative standards and
provisions, if applicable:
29 CFR part 2--General Participation in Department of
Labor Programs by Faith-Based and Community Organizations; Equal
Treatment of All Department of Labor Program Participants and
Beneficiaries.
29 CFR part 30--Equal Employment Opportunity in
Apprenticeship and Training.
29 CFR part 31--Nondiscrimination in Federally Assisted
Programs of the Department of Labor--Effectuation of Title VI of the
Civil Rights Act of 1964.
29 CFR part 32--Nondiscrimination on the Basis of Handicap
in Programs or Activities Receiving Federal Financial Assistance.
29 CFR part 33--Enforcement of Nondiscrimination on the
Basis of Handicap in Programs or Activities Conducted by the Department
of Labor.
29 CFR part 35--Nondiscrimination on the Basis of Age in
Programs and Activities Receiving Federal Financial Assistance from the
Department of Labor.
29 CFR part 36--Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Assistance.
29 CFR part 37--Implementation of the Nondiscrimination
and Equal Opportunity Provisions of the Workforce Investment Act of
1998.
29 CFR part 93--New Restrictions on Lobbying.
29 CFR part 94--Government-wide Requirements for Drug-Free
Workplace (Financial Assistance).
29 CFR part 95--Grants and Agreements with Institutions of
Higher Education, Hospitals, and other Non-Profit Organizations, and
with Commercial Organizations.
29 CFR part 96--Audit Requirements for Grants, Contracts
and Other Agreements.
29 CFR part 97--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
29 CFR part 98--Government-wide Debarment and Suspension
(Non procurement).
29 CFR part 99--Audit of States, Local Governments, and
Non-Profit Organizations.
Applicable cost principles and audit requirements under
OMB Circulars A-21, A-87, A-110, A-122, A-133, and 48 CFR part 31.
In accordance with section 18 of the Lobbying Disclosure
Act of 1995, Public Law 104-65 (2 U.S.C. 1611), non-profit entities
incorporated under 501(c)(4) that engage in lobbying activities are not
eligible to receive Federal funds and grants.
38 U.S.C. 4215--Requirements for priority of service for
veterans in all Department of Labor training programs.
3. Electronic Reporting
All HVRP grantees will enter data and electronically attach their
quarterly
[[Page 20514]]
technical performance and financial status reports, success stories,
etc. into the U.S. Department of Labor, Veterans' Employment and
Training Service, Outcomes and Performance Accountability Reporting
(VOPAR) System according to the reporting requirements and timetables
described below.
A. Quarterly Financial Reports
No later than 30 days after the end of each Federal fiscal quarter,
the grantee must report outlays, program income, and other financial
information on a Federal fiscal quarterly basis using SF-269, Financial
Status Report, Long Form, and submit a copy of the HHS/PMS 272 draw
down report. These reports must cite the assigned grant number.
B. Quarterly Program Reports
No later than 30 days after the end of each Federal fiscal quarter,
grantees also must submit a Quarterly Technical Narrative Performance
Report that contains the following:
(1) A comparison of actual accomplishments to planned goals for the
reporting period and any findings related to monitoring efforts;
(2) An explanation for variances of plus or minus 15% of planned
program and/or expenditure goals, to include: identification of
corrective action that will be taken to meet the planned goals, if
required; and a timetable for accomplishment of the corrective action.
C. 90-Day Final Performance Report
No later than 120 days after the grant performance expiration date,
the grantee must submit a final report showing results and performance
as of the 90th day after the grant period, and containing the
following:
(1) Final Financial Status Report SF-269 Long Form (that zeros out
all unliquidated obligations); and
(2) Final Technical Performance Report comparing goals vs. actual
performance levels.
D. 180-Day Follow-Up Report/Longitudinal Survey
No later than 210 days after the grant performance expiration date,
the grantee must submit a Follow-Up Report/Longitudinal Survey showing
results and performance as of the 180th day after the grant expiration
date, and containing the following:
(1) Final Financial Status Report SF-269 Long Form (if not
previously submitted); and
(2) 180-Day Follow-Up Report/Longitudinal Survey identifying:
(a) The total combined (directed/assisted) number of veterans
placed into employment during the entire grant period;
(b) The number of veterans still employed after the 90- and 180-day
follow-up period;
(c) If the veterans are still employed at the same or similar job,
and if not, what are the reason(s);
(d) Whether training received was applicable to jobs held;
(e) Wages at placement and at the 90- and 180-day follow-up
periods;
(f) An explanation of why those veterans placed during the grant,
but not employed at the end of the follow-up period, are not so
employed; and
(g) Any recommendations to improve the program.
Agency Contact
All questions regarding this SGA should be directed to Cassandra
Mitchell, e-mail address: [email protected], at tel: (202)
693-4570 (note this is not a toll-free number), or Eric Vogt, e-mail
address [email protected], also at tel. (202) 693-4570. To obtain
further information on the Homeless Veterans' Reintegration Program of
the U.S. Department of Labor, visit the USDOL Web site of the Veterans'
Employment and Training Service at http://www.dol.gov/vets.
VII. Other Information
A. Acknowledgement of USDOL Funding
1. Printed Materials: In all circumstances, the following shall be
displayed on printed materials prepared by the grantee while in receipt
of DOL grant funding: ``Preparation of this item was funded by the
United States Department of Labor under Grant No. [insert the
appropriate grant number].''
All printed materials must also include the following
notice: ``This document does not necessarily reflect the views or
policies of the U.S. Department of Labor, nor does mention of trade
names, commercial products, or organizations imply endorsement by the
U.S. Government.''
2. Public references to grant: When issuing statements, press
releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds must clearly
state:
The percentage of the total costs of the program or
project, which will be financed with Federal money;
The dollar amount of Federal financial assistance for the
project or program; and
The percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
B. Use of USDOL Logo
In consultation with USDOL, VETS, the grantee(s) must acknowledge
USDOL's role as described below:
The USDOL logo may be applied to USDOL-funded material
prepared for distribution, including posters, videos, pamphlets,
research documents, national survey results, impact evaluations, best
practice reports, and other publications of global interest. The
grantee(s) must consult with USDOL on whether the logo may be used on
any such items prior to final draft or final preparation for
distribution. In no event shall the USDOL logo be placed on any item
until USDOL has given the Grantee permission to use the logo on the
item.
All documents must include the following notice: ``This
documentation does not necessarily reflect the views or policies of the
U.S. Department of Labor, nor does mention of trade names, commercial
products, or organizations imply endorsement by the U.S. Government.''
Resources for the Applicant: The Department of Labor maintains a
number of web-based resources that may be of assistance to applicants.
The Web page for the USDOL VETS at http://www.dol.gov/vets/programs/main.htm is a valuable source of information including the program
highlights and brochures, glossary of terms, frequently used acronyms,
general and special grant provisions, power point presentations on how
to apply for HVRP funding, On-Site Monitoring Visits, etc. The
Interagency Council on Homeless at Web page http://www.ich.gov has
information from various departments that assist homeless persons
including updated information on local community ten (10) year plans to
end homelessness and continuum of care plans. America's Service Locator
Web page at http://www.servicelocator.org provides a directory of our
nation's One-Stop Career Centers and http://www.workforce3one.org is
another Department of Labor resource site. The National Association of
Workforce Boards maintains a Web page at http://www.nawb.org/asp/wibdir.asp that contains contact information for the State and local
Workforce Investment Boards. Applicants may also review ``VETS'' Guide
to Competitive and Discretionary Grants'' located at Web page http://www.dol.gov/vets/grants/Final_VETS_Guide-linked.pdf. For a basic
understanding of the grants
[[Page 20515]]
process and basic responsibilities of receiving Federal grant support,
please see ``Guidance for Faith-Based and Community Organizations on
Partnering with the Federal Government'' at Web pages http://www.whitehouse.gov/government/fbci and http://www.dol.gov/cfbci. Also,
the National Coalition for Homeless Veterans Web page at http://www.nchv.org.
Signed at Washington, DC this 11th day of April, 2006.
Eric Vogt,
Grant Officer.
Appendices: (Located on U.S. Department of Labor, Veterans'
Employment and Training Service Web page http://www.dol.gov/vets follow
link for the applicable SGA listed under announcements.)
Appendix A: Application for Federal Assistance SF-424
Appendix B: Budget Information Sheet SF-424A
Appendix C: Assurances and Certifications Signature Page
Appendix D: Recommended Format for Planned Quarterly Technical
Performance Goals
Appendix E: Direct Cost Descriptions for Applicants and Sub-
Applicants
Appendix F: Survey on Ensuring Equal Opportunity for Applicants
Appendix G: List of 75 Largest Cities Nationwide
[FR Doc. 06-3626 Filed 4-19-06; 8:45 am]
BILLING CODE 4510-79-P | usgpo | 2024-10-08T14:08:33.586535 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/06-3626.htm"
} |
FR | FR-2006-04-20/FR-2006-04-20-ReaderAids | Federal Register Volume 71 Issue 76 (April 20, 2006) | 2006-04-20T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Reader Aids]
[Pages i-v]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
Reader Aids
Federal Register / Vol. 71, No. 76 / Thursday, April 20, 2006 /
Reader Aids
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Reader Aids
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[[Page i]]
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==========================================================
FEDERAL REGISTER PAGES AND DATE, APRIL
----------------------------------------------------------
16477-16690............................................. 3
16691-16972............................................. 4
16973-17334............................................. 5
17335-17690............................................. 6
17691-17966............................................. 7
17967-18160.............................................10
18161-18588.............................................11
18589-19096.............................................12
19097-19426.............................................13
19427-19620.............................................14
19621-19804.............................................17
19805-19982.............................................18
19983-20334.............................................19
20335-20516.............................................20
6
----------------------------------------------------------
CFR PARTS AFFECTED DURING APRIL
----------------------------------------------------------
At the end of each month, the Office of the Federal Register
publishes separately a List of CFR Sections Affected (LSA),
which lists parts and sections affected by documents published
since the revision date of each title.
3 CFR
Proclamations:
7992.................................................16685
7993.................................................16687
7994.................................................16689
7995.................................................16969
7996.................................................16971
7997.................................................18157
7998.................................................18159
7999.................................................18585
8000.................................................18587
8001.................................................19983
Administrative Orders;
Memorandums:
Memorandum of May 9, 2002 (Superseded by
Memorandum of April 17, 2006)........................20333
Memorandum of April 6, 2006..........................19427
Memorandum of April 17, 2006.........................20333
5 CFR
213..................................................18161
1216.................................................17967
Proposed Rules:
875..................................................19459
6 CFR
Proposed Rules:
5....................................................16519
7 CFR
56...................................................20288
319..................................................19097
330..................................................16973
905..................................................16976
916..................................................17970
917..................................................17970
922..................................................16979
923..................................................17979
930..................................................16982
982..................................................18164
985..................................................16986
1033.................................................20335
1412.................................................17982
1437.................................................19805
1430.................................................19621
Proposed Rules:
28...................................................20350
58...................................................20351
205..................................................19131
301..................................................16711
330..................................................20030
868..................................................18231
1290.................................................20353
1496.................................................17767
8 CFR
204..................................................19805
Proposed Rules:
103..................................................20357
299..................................................20357
9 CFR
Proposed Rules:
93...................................................19134
94...................................................20030
317..................................................20041
381..................................................20041
390..................................................17384
442..................................................20041
10 CFR
72...................................................19806
110...........................................19102, 20336
Proposed Rules:
72...................................................19831
110..................................................19135
11 CFR
100..................................................18589
110..................................................18589
114..................................................18589
12 CFR
201..................................................16991
528..................................................19810
546..................................................19810
552..................................................19810
561..................................................19810
563..................................................19810
563b.................................................19810
563e.................................................18614
570..................................................19810
574..................................................19810
575..................................................19810
583..................................................19810
611..................................................18168
612..................................................18168
614..................................................18168
615..................................................18168
618..................................................18168
619..................................................18168
620..................................................18168
630..................................................18168
Ch. XVII.............................................19985
Proposed Rules:
915..................................................19832
13 CFR
121..................................................19812
14 CFR
23...................................................17335
25.....................................18169, 18183, 18192
39........16477, 16691, 16992, 16994, 17691, 17694, 17696,
17698, 17700, 17983, 18194, 18197, 18199, 18201,
18205, 18207, 18210, 18618, 19104, 19107, 19108,
19110, 19114, 19624, 19627, 19628, 19788, 19986,
19994, 19998, 20001
[[Page ii]]
71........16994, 16995, 16997, 16998, 18213, 19117, 19633,
19634, 19813, 19814
97..............................16999, 17342, 19635, 19636
121..................................................17000
Proposed Rules:
23...................................................20368
25............................................18236, 19928
39........16716, 16721, 16725, 17033, 17035, 17037, 18237,
18239, 18242, 18244, 18247, 18249, 18251, 18253,
18686, 19136, 19138, 19140, 19142, 19144, 19661,
19662, 19663, 19835, 20042
71........17039, 17385, 17386, 17387, 17388, 17389, 18254,
19148, 20374
121....................................16678, 18255, 19928
129..................................................19928
382..................................................19838
15 CFR
902..................................................17985
Proposed Rules:
700..................................................19666
16 CFR
Proposed Rules:
305..................................................18023
437..................................................19054
1214.................................................18030
17 CFR
202..................................................20340
279..................................................17344
Proposed Rules:
41...................................................18030
240..................................................18030
18 CFR
39...................................................19814
342..................................................18411
Proposed Rules:
1310.................................................19460
19 CFR
101..................................................20005
122..................................................20005
20 CFR
405..................................................17990
21 CFR
510..................................................17701
520...........................................17701, 19429
524..................................................16481
558..................................................17702
Proposed Rules:
201..................................................18039
211..................................................18039
878..................................................17390
22 CFR
34...................................................16481
62...................................................16696
Proposed Rules:
62...................................................17768
23 CFR
1327.................................................19823
Proposed Rules:
635..................................................19667
773..................................................17040
24 CFR
207..................................................18152
3280.................................................19638
25 CFR
517..................................................20006
26 CFR
1......................................17990, 18623, 19117
602..................................................17990
Proposed Rules:
1...............................18053, 19669, 20044, 20376
27 CFR
1....................................................16918
4....................................................16918
5....................................................16918
6....................................................16918
7....................................................16918
8....................................................16918
9....................................................16918
10...................................................16918
11...................................................16918
12...................................................16918
13...................................................16918
16...................................................16918
17...................................................16918
18...................................................16918
19...................................................16918
20...................................................16918
21...................................................16918
22...................................................16918
24...................................................16918
25...................................................16918
26...................................................16918
27...................................................16918
28...................................................16918
29...................................................16918
30...................................................16918
31...................................................16918
40...................................................16918
44...................................................16918
45...................................................16918
46...................................................16918
53...................................................16918
70...................................................16918
71...................................................16918
28 CFR
0....................................................19826
Proposed Rules:
540..................................................16520
29 CFR
11...................................................16664
500..................................................16664
501..................................................16664
516..................................................16664
519..................................................16664
531..................................................16664
536..................................................16664
547..................................................16664
548..................................................16664
549..................................................16664
550..................................................16664
552..................................................16664
570..................................................16664
1910.................................................16669
1913.................................................16669
1915.................................................16669
1926.................................................16669
4022.................................................19429
4044.................................................19429
30 CFR
28...................................................16664
48...................................................16664
50...................................................16664
56...................................................16664
57...................................................16664
70...................................................16664
71...................................................16664
72...................................................16664
75...................................................16664
77...................................................16664
90...................................................16664
250...........................................16859, 19640
Proposed Rules:
205..................................................17774
942..................................................17682
31 CFR
500..................................................17345
32 CFR
64...................................................19827
578..................................................17276
706...........................................17346, 17347
2004.................................................18007
33 CFR
100...............16488, 17703, 18213, 19431, 19646, 20011
117........16489, 16491, 16492, 17348, 17350, 18623, 19119
147..................................................19431
165........19119, 19121, 19431, 19648, 19650, 20011, 20013
Proposed Rules:
100.............................16525, 18055, 19670, 19672
117...............16527, 16529, 17394, 17397, 19150, 20376
165...............16531, 18256, 19152, 19460, 19462, 19465
36 CFR
251...........................................16614, 16622
Proposed Rules:
Ch. I................................................16534
7....................................................17777
1193.................................................19839
1194.................................................19839
37 CFR
Proposed Rules:
1....................................................17399
38 CFR
20...................................................18008
39 CFR
Proposed Rules:
111..................................................19840
40 CFR
18...................................................16699
51............................................17003, 17705
52................18216, 18219, 18624, 18626, 19124, 19432
63........17352, 17712, 17720, 17729, 17738, 19126, 19435,
19652, 20446
65...................................................20446
80...................................................16492
81...................................................17750
82...................................................18219
93...................................................17003
180........17009, 17014, 18628, 18635, 18642, 19436, 19441
194..................................................18010
260..................................................16862
261..................................................16862
264..................................................16862
265..................................................16862
266..................................................16862
268..................................................16862
270..................................................16862
271...........................................16862, 19442
272..................................................20341
300..................................................20016
761..................................................16703
799..................................................18650
Proposed Rules:
18...................................................16728
50...................................................16534
51............................................16534, 17047
52.......................17050, 18258, 18689, 19155, 19467
60...................................................17401
63............................................19155, 19674
80...................................................16535
82............................................18259, 18262
93...................................................17047
180....................................18689, 20045, 20048
260..................................................19842
261..................................................19842
262..................................................19842
263..................................................19842
264..................................................19842
265..................................................19842
271....................................19470, 19471, 19842
278..................................................16729
300..................................................20052
721..................................................18055
745..................................................17409
42 CFR
410..................................................17021
412..................................................18654
413..................................................18654
Proposed Rules:
405..................................................17052
412..................................................17052
422..................................................17052
489..................................................17052
43 CFR
5....................................................19127
10...................................................16500
423..................................................19790
429..................................................19790
44 CFR
64.....................................16704, 16708, 19658
Proposed Rules:
67...................................................16749
46 CFR
401..................................................16501
47 CFR
63...................................................18667
64...................................................18667
73.....................................17030, 17031, 17032
Proposed Rules:
1....................................................17410
73..............................18693, 18694, 20059, 20060
90...................................................17786
48 CFR
Ch. 1.........................................20294, 20309
2......................................20295, 20298, 20299
5.............................................20295, 20299
7.............................................20295, 20299
[[Page iii]]
12...................................................20301
14...................................................20299
19.....................................20303, 20304, 20309
22...................................................20301
25............................................20305, 20306
37...................................................20299
52.........20299, 20301, 20303, 20304, 20305, 20306, 20308
212..................................................18667
222..................................................18669
225..................................................18671
229..................................................18671
232..................................................18671
252..................................................18671
950..................................................19829
Proposed Rules:
225...........................................18694, 18695
252...........................................18695, 20061
49 CFR
234..................................................19129
523...........................................17566, 19449
533...........................................17566, 19449
537...........................................17566, 19449
541..................................................20022
571....................................17752, 18673, 20026
Proposed Rules:
544..................................................16541
594..................................................20061
604..................................................18056
50 CFR
17.....................................19244, 19452, 19954
223...........................................17757, 19241
229...........................................17358, 17360
648..................................................19348
660...........................................17985, 18227
665..................................................17985
679........17362, 18021, 18230, 18684, 19129, 19829, 20346
Proposed Rules:
10...................................................20168
13...................................................20168
17..............................18456, 19157, 19158, 20168
20...................................................18562
23...................................................20168
91...................................................18697
216..................................................17790
222..................................................19675
223..................................................19675
622..................................................17062
680..................................................20378
[[Page iv]]
REMINDERS
The items in this list were editorially compiled as an aid
to Federal Register users. Inclusion or exclusion from
this list has no legal significance.
RULES GOING INTO EFFECT APRIL 20, 2006
ENVIRONMENTAL PROTECTION AGENCY
Air pollutants, hazardous; national emission standards:
Startup, shutdown, and malfunction requirements; general provisions;
published 4-20-06
Hazardous waste program authorizations:
Idaho; published 4-20-06
HOUSING AND URBAN DEVELOPMENT DEPARTMENT
Low-income housing:
Public housing developments--
Required and voluntary conversion to tenant-based assistance; cost
methodology; published 3-21-06
TRANSPORTATION DEPARTMENT
Federal Aviation Administration
Airworthiness directives:
Cessna; published 3-16-06
McDonnell Douglas; published 3-16-06
COMMENTS DUE NEXT WEEK
AGRICULTURE DEPARTMENT
Agricultural Marketing Service
Milk marketing orders:
Central; comments due by 4-24-06; published 2-22-06 [FR 06-01584]
Mideast; comments due by 4-24-06; published 2-22-06 [FR 06-01586]
Upper Midwest; comments due by 4-24-06; published 2-22-06 [FR 06-
01585]
Potatoes (Irish) grown in Idaho and Oregon; comments due by 4-24-06;
published 2-22-06 [FR E6-02436]
Raisins produced from grapes grown in California; comments due by 4-24-
06; published 2-22-06 [FR 06-01582]
Regulatory Flexibility Act:
Periodic review of regulations; various fruits and vegetables;
comments due by 4-24-06; published 2-21-06 [FR 06-01536]
AGRICULTURE DEPARTMENT
Commodity Credit Corporation
Export programs:
Commodities procurement for foreign donation; Open for comments until
further notice; published 12-16-05 [FR E5-07460]
AGRICULTURE DEPARTMENT
Federal Crop Insurance Corporation
Crop insurance regulations:
Mint; correction; comments due by 4-24-06; published 3-24-06 [FR 06-
02893]
COMMERCE DEPARTMENT
National Oceanic and Atmospheric Administration
Endangered and threatened species:
Findings on petitions, etc.--
North Pacific right whale; comments due by 4-26-06; published 1-
26-06 [FR E6-01007]
Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone--
Chiniak Gully; trawl fishing seasonal closure; comments due by 4-
26-06; published 3-27-06 [FR 06-02928]
Pacific halibut and tagged sablefish; comments due by 4-28-06;
published 3-29-06 [FR E6-04576]
Alaska; fisheries of the Exclusive Economic Zone--
Bering Sea and Aleutian Islands king and tanner crab; comments due
by 4-28-06; published 2-27-06 [FR E6-02733]
Caribbean, Gulf, and South Atlantic fisheries--
Gulf of Mexico and South Atlantic coastal migratory pelagic
resources and Gulf of Mexico reef fish; comments due by 4-24-
06; published 2-21-06 [FR E6-02403]
Gulf of Mexico and South Atlantic coastal migratory pelagic
resources; comments due by 4-27-06; published 3-13-06 [FR 06-
02389]
COMMERCE DEPARTMENT
Patent and Trademark Office
Practice and procedures:
Reexamination proceedings; clarifications of filing date
requirements; comments due by 4-24-06; published 2-23-06 [FR 06-
01678]
DEFENSE DEPARTMENT
Defense Acquisition Regulations System
Acquisition regulations:
Small business programs; comments due by 4-24-06; published 2-23-06
[FR 06-01636]
Trade agreement thresholds and Morocco free trade agreement; comments
due by 4-24-06; published 2-23-06 [FR 06-01635]
ENERGY DEPARTMENT
Energy Efficiency and Renewable Energy Office
Energy conservation:
Commercial and industrial equipment; energy efficiency program--
Commercial heating, air-conditioning, and water heating equipment;
comments due by 4-27-06; published 3-13-06 [FR 06-02381]
ENVIRONMENTAL PROTECTION AGENCY
Air programs:
Outer Continental Shelf regulations--
California; consistency update; comments due by 4-24-06; published
3-23-06 [FR E6-04204]
Air quality implementation plans; approval and promulgation; various
States:
California; comments due by 4-24-06; published 3-23-06 [FR 06-02813]
Colorado; comments due by 4-24-06; published 3-23-06 [FR 06-02812]
Mississippi; comments due by 4-24-06; published 3-23-06 [FR E6-04199]
Nevada; comments due by 4-26-06; published 3-27-06 [FR 06-02868]
North Carolina; comments due by 4-24-06; published 3-24-06 [FR 06-
02869]
Water supply:
National primary drinking water regulations--
Ground water systems; waterborne pathogens from fecal
contamination; public health risk reduction; comments due by 4-
26-06; published 3-27-06 [FR 06-02931]
FEDERAL COMMUNICATIONS COMMISSION
Radio stations; table of assignments:
Alabama; comments due by 4-24-06; published 3-15-06 [FR E6-03743]
Mississippi; comments due by 4-24-06; published 3-15-06 [FR E6-03742]
Texas; comments due by 4-24-06; published 3-22-06 [FR 06-02607]
Television broadcasting:
Children's television programming--
Digital television broadcasters obligations to provide educational
programming; comments due by 4-24-06; published 3-27-06 [FR 06-
02921]
FEDERAL HOUSING FINANCE BOARD
Affordable Housing Program; amendments; comments due by 4-27-06;
published 12-28-05 [FR 05-24396]
HEALTH AND HUMAN SERVICES DEPARTMENT
Centers for Medicare & Medicaid Services
Medicare:
Inpatient psychiatric facilities prospective payment system; (2007
RY) payment rates; update; comments due by 4-25-06; published 1-
23-06 [FR 06-00488]
Correction; comments due by 4-25-06; published 2-24-06 [FR E6-
02607]
Correction; comments due by 4-25-06; published 3-3-06 [FR Z6-
02607]
Medicare secondary payer provisions; amendments; comments due by 4-
25-06; published 2-24-06 [FR 06-01712]
HOMELAND SECURITY DEPARTMENT
Coast Guard
Drawbridge operations:
Washington; comments due by 4-24-06; published 2-22-06 [FR E6-02426]
Regattas and marine parades:
Bo Bowman Memorial - Sharptown Regatta; comments due by 4-26-06;
published 3-27-06 [FR E6-04377]
[[Page v]]
HOUSING AND URBAN DEVELOPMENT DEPARTMENT
Public and Indian housing:
Indian Housing Block Grant Negotiation Rulemaking Committee;
membership; comments due by 4-28-06; published 3-29-06 [FR 06-
02984]
INTERIOR DEPARTMENT
National Park Service
Special regulations:
Gateway National Recreation Area, NJ and NY--
Jamaica Bay Unit; personal watercraft use; comments due by 4-25-
06; published 2-24-06 [FR E6-02643]
Sandy Hook Unit; personal watercraft use; comments due by 4-25-06;
published 2-24-06 [FR E6-02647]
INTERIOR DEPARTMENT
Surface Mining Reclamation and Enforcement Office
Permanent program and abandoned mine land reclamation plan submissions:
Montana; comments due by 4-26-06; published 3-27-06 [FR E6-04360]
LIBRARY OF CONGRESS
Copyright Office, Library of Congress
Copyright office and procedures:
Special services and Licensing Division services; fees adjustment;
comments due by 4-27-06; published 3-28-06 [FR E6-04385]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Official seals:
NARA seals and logos and their use; comments due by 4-25-06;
published 2-24-06 [FR 06-01766]
NATIONAL CREDIT UNION ADMINISTRATION
Credit unions:
Supervisory committee audit: modification and standards; comments due
by 4-24-06; published 2-23-06 [FR E6-02531]
TRANSPORTATION DEPARTMENT
Air travel; nondiscrimination on basis of disability:
Accommodations for individuals who are deaf, hard of hearing, and
deaf-blind; comments due by 4-24-06; published 2-23-06 [FR 06-
01656]
Individuals with disabilities:
Transportation accessibility standards; modifications; comments due
by 4-28-06; published 2-27-06 [FR 06-01658]
TRANSPORTATION DEPARTMENT
Federal Aviation Administration
Air traffic operating and flight rules, etc.:
Passenger carrying operations conducted for compensation and hire in
other than standard category aircraft; exemptions; comments due by
4-26-06; published 3-27-06 [FR 06-02915]
Airworthiness directives:
Airbus; comments due by 4-24-06; published 2-21-06 [FR 06-01504]
BAE Systems (Operations) Ltd.; comments due by 4-26-06; published 3-
27-06 [FR E6-04411]
Boeing; comments due by 4-24-06; published 3-8-06 [FR E6-03263]
Dornier Luftfahrt GmbH; comments due by 4-27-06; published 3-29-06
[FR E6-04556]
Gulfstream; comments due by 4-25-06; published 2-24-06 [FR 06-01595]
Pacific Aerospace Corp. Ltd.; comments due by 4-24-06; published 3-
27-06 [FR E6-04386]
Rolls-Royce Corp.; comments due by 4-24-06; published 2-22-06 [FR E6-
02454]
Sandel Avionics Inc.; comments due by 4-24-06; published 3-8-06 [FR
E6-03262]
Turbomeca; comments due by 4-28-06; published 2-27-06 [FR 06-01728]
Class E airspace; comments due by 4-24-06; published 3-24-06 [FR 06-
02877]
TREASURY DEPARTMENT
Internal Revenue Service
Income taxes:
Designated Roth accounts; comments due by 4-26-06; published 1-26-06
[FR E6-00945]
Excess loss accounts treatment; comments due by 4-26-06; published 1-
26-06 [FR 06-00586]
VETERANS AFFAIRS DEPARTMENT
Vocational rehabilitation and education:
Veterans and dependents education--
Topping up tuition assistance; licensing and certification tests;
duty to assist education claimants; comments due by 4-24-06;
published 2-22-06 [FR 06-01219]
Veterans education--
Certification of enrollment; withdrawn; comments due by 4-24-06;
published 2-22-06 [FR 06-01652]
__________________________________________________________
LIST OF PUBLIC LAWS
__________________________________________________________
This is a continuing list of public bills from the current
session of Congress which have become Federal laws. It may
be used in conjunction with ``P L U S'' (Public Laws
Update Service) on 202-741-6043. This list is also
available online at http://www.archives.gov/federal-
register/laws.html.
The text of laws is not published in the Federal Register
but may be ordered in ``slip law'' (individual pamphlet)
form from the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402 (phone, 202-512-
1808). The text will also be made available on the
Internet from GPO Access at http://www.gpoaccess.gov/
plaws/index.html. Some laws may not yet be available.
H.J. Res. 81/P.L. 109-216
Providing for the appointment of Phillip Frost as a
citizen regent of the Board of Regents of the Smithsonian
Institution. (Apr. 13, 2006; 120 Stat. 331)
H.J. Res. 82/P.L. 109-217
Providing for the reappointment of Alan G. Spoon as a
citizen regent of the Board of Regents of the Smithsonian
Institution. (Apr. 13, 2006; 120 Stat. 332)
Last List April 12, 2006
__________________________________________________________
Public Laws Electronic Notification Service (PENS)
__________________________________________________________
PENS is a free electronic mail notification service of
newly enacted public laws. To subscribe, go to http://
listserv.gsa.gov/archives/publaws-l.html
Note: This service is strictly for E-mail notification of
new laws. The text of laws is not available through this
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this address. | usgpo | 2024-10-08T14:08:33.600038 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-20/html/FR-2006-04-20-ReaderAids.htm"
} |
FR | FR-2006-04-27/FR-2006-04-27-FrontMatter | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Contents]
[Pages I-VII]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
___________________________________________________________
FEDERAL REGISTER
Federal Register / Vol. 71, No. 81 / Thursday, April 27,
2006 / Contents
Federal Register / Vol. 71, No. 81 / Thursday, April 27,
2006 / Contents
Thursday
Apr. 27, 2006
Pages 24803-25058
[[Page i]]
9
[[Page ii]]
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CONTENTS
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Contents
[[Page iii]]
Agricultural Marketing Service
PROPOSED RULES
National Organic Program:
Organic and nonorganic product use (livestock) Harvey v. Johanns;
revisions, 24820-24824
Agriculture Department
See Agricultural Marketing Service
See Animal and Plant Health Inspection Service
Alcohol, Tobacco, Firearms, and Explosives Bureau
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24861-24868
Animal and Plant Health Inspection Service
RULES
Exportation and importation of animals and animal products:
Contagious equine metritis--
States approved to receive stallions and mares from affected
regions; Indiana, 24806-24808
Interstate transportation of animals and animal products (quarantine):
Tuberculosis in cattle, bison, and captive cervids--
Accredited herd status term validity, reaccreditation test,
etc., 24803-24806
PROPOSED RULES
Plant-related quarantine, foreign:
Fruits and vegetables import regulations; revision, 25010-25057
Antitrust Division
NOTICES
National cooperative research notifications:
Collaboration Agreement for High Performance Buildings, 24868
Centers for Disease Control and Prevention
NOTICES
Meetings:
National Center for Injury Prevention and Control Initial Review
Group, 24855-24856
Civil Rights Commission
NOTICES
Meetings; Sunshine Act, 24839
Commerce Department
See Industry and Security Bureau
See International Trade Administration
See National Oceanic and Atmospheric Administration
Copyright Office, Library of Congress
PROPOSED RULES
Copyright office and procedures:
Royalties; electronic payment, 24829-24831
Defense Department
NOTICES
Base closures and realignments; list, 24842-24843
Committees; establishment, renewal, termination, etc.:
Women in Services Advisory Committee, 24843
Meetings:
Uniform Formulary Beneficiary Advisory Panel, 24843-24844
Education Department
PROPOSED RULES
State-administered programs; reporting requirements, 24824-24829
NOTICES
Grants and cooperative agreements; availability, etc.:
Special education and rehabilitative services--
Assistive Technology Alternative Financing Program, 24844
Energy Department
See Energy Efficiency and Renewable Energy Office
See Federal Energy Regulatory Commission
Energy Efficiency and Renewable Energy Office
RULES
Energy conservation:
Distribution transformers; test procedures, 24972-25008
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24844-24845
Environmental Protection Agency
RULES
Reporting and recordkeeping requirements; technical amendment, 24817-
24819
PROPOSED RULES
Air quality implementation plans; approval and promulgation; various
States:
Pennsylvania, 24834-24836
NOTICES
Reports and guidance documents; availability, etc.:
Clean Water Act Section 106; grant awards to Indian Tribes, 24852-
24854
Executive Office of the President
See Management and Budget Office
Federal Aviation Administration
RULES
Airworthiness directives:
MD Helicopters, Inc., 24808-24812
Airworthiness standards:
Special conditions--
Airbus Model A380-800 airplane; correction, 24808
Class E airspace, 24812
NOTICES
Airports:
Denver International Airport, CO; Southwest Airlines Co.
operations; general conformity determination, 24903-24908
Air traffic operating and flight rules, etc.:
High density traffic airports; takeoff and landing slots, slot
exemption lottery, and slot allocation procedures--
International slots for winter 2006 scheduling season;
submission deadline, 24902-24903
Exemption petitions; summary and disposition, 24908
[[Page iv]]
Meetings:
Commercial Space Transportation Advisory Committee, 24908-24909
RTCA, Inc., 24909
Federal Bureau of Investigation
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24868-24870
Federal Election Commission
NOTICES
Meetings; Sunshine Act, 24854
Federal Energy Regulatory Commission
NOTICES
Electric rate and corporate regulation filings, 24847-24849
Hydroelectric applications, 24849-24851
Off-the-record communications, 24851-24852
Applications, hearings, determinations, etc.:
CenterPoint Energy Gas Transmission Co., 24845
CenterPoint Energy-Mississippi River Transmission Corp., 24845
Midwestern Gas Transmission Co., 24845-24846
New England Gas Co. et al., 24846
Northern Natural Gas Co., 24846-24847
Overthrust Pipeline Co., 24847
Federal Highway Administration
NOTICES
Environmental statements; notice of intent:
Butler Co, PA; cancellation, 24909
Gaston and Mecklenburg Counties, NC, 24909-24910
Highway planning and construction; licenses, permits, approvals, etc.:
East Lynn Canal Highway, AK, 24910-24911
US Route 24 Highway Project, OH, 24911-24912
Federal Maritime Commission
NOTICES
Agreements; additional information requests:
HSDG/FOML Agreement, 24854
Federal Motor Carrier Safety Administration
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24912-24913
Fish and Wildlife Service
RULES
Endangered and threatened species:
Critical habitat designations--
Cactus ferruginous pygmy-owl; Arizona distinct population
segment; removal from list; correction, 24916
PROPOSED RULES
Endangered and threatened species:
Critical habitat designations--
Cactus ferruginous pygmy-owl; Arizona distinct population
segment; removal from list; correction, 24916
Food and Drug Administration
RULES
Animal drugs, feeds, and related products:
Lasalocid and chlortetracycline, 24814-24817
NOTICES
Food additive petitions:
Danisco USA, Inc., 24856
Reports and guidance documents; availability, etc.:
Bar code label requirements; questions and answers, 24856-24857
Plasmapheresis and immunization programs; source plasma donors;
informed consent recommendations, 24857-24858
General Services Administration
NOTICES
Meetings:
Small Business Advisory Committee, 24854
Health and Human Services Department
See Centers for Disease Control and Prevention
See Food and Drug Administration
See Health Resources and Services Administration
NOTICES
Committees; establishment, renewal, termination, etc.:
Human Research Protections, Secretary's Advisory Committee, 24854-
24855
Health Resources and Services Administration
NOTICES
Grants and cooperative agreements; availability, etc.:
C.W. Bill Young Cell Transplantation Program, 24858-24859
Homeland Security Department
NOTICES
Meetings:
National Security Telecommunications Advisory Committee, 24859
Industry and Security Bureau
RULES
Chemical Weapons Convention regulations:
Requirements update and clarification, 24918-24970
Interior Department
See Fish and Wildlife Service
See Land Management Bureau
See Minerals Management Service
International Trade Administration
NOTICES
Antidumping:
Cased pencils from--
China, 24839
Polyethylene retail carrier bags from--
China, 24839-24840
Polyvinyl alcohol from--
China, 24840
Wooden bedroom furniture from--
China, 24840-24841
International Trade Commission
NOTICES
Import investigations:
Carbon and alloy seamless standard, line, and pressure pipe from--
Various countries, 24860
Sulfanilic acid from--
China and India, 24860-24861
Justice Department
See Alcohol, Tobacco, Firearms, and Explosives Bureau
See Antitrust Division
See Federal Bureau of Investigation
[[Page v]]
See Justice Programs Office
Justice Programs Office
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24870-24871
Land Management Bureau
PROPOSED RULES
Land resource management:
Rights-of-way--
Linear right-of-way rental schedule; update, 24836-24838
NOTICES
Meetings:
California Desert District Advisory Council, 24859-24860
Library of Congress
See Copyright Office, Library of Congress
Management and Budget Office
NOTICES
Audits of States, local governments, and non-profit organizations
(Circular A-133), 24872
Designated Federal Entities and Federal Entities; list, 24872-24875
Minerals Management Service
NOTICES
Committees; establishment, renewal, termination, etc.:
Royalty Policy Committee, 24860
National Archives and Records Administration
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24871
National Oceanic and Atmospheric Administration
NOTICES
Committees; establishment, renewal, termination, etc.:
Channel Islands National Marine Sanctuary Advisory Council, 24841-
24842
Meetings:
Hydrographic Services Review Panel, 24842
Nuclear Regulatory Commission
NOTICES
Reports and guidance documents; availability, etc.:
Generic letters--
Potentially nonconforming Hemyc and MT fire barrier
configurations, 24871-24872
Office of Management and Budget
See Management and Budget Office
Postal Rate Commission
NOTICES
Meetings:
Declining block rates; design model; briefing, 24875
Railroad Retirement Board
NOTICES
Meetings; Sunshine Act, 24875
Research and Innovative Technology Administration
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24913-24914
Securities and Exchange Commission
NOTICES
Joint industry plan:
Nasdaq Stock Market LLC, 24875-24876
Securities:
Suspension of trading--
Bullhide Corp., 24876
Skygivers, Inc., 24876
Self-regulatory organizations; proposed rule changes:
Chicago Stock Exchange, Inc., 24876-24878
National Association of Securities Dealers, Inc., 24878-24879
New York Stock Exchange, Inc., 24879-24885
Philadelphia Stock Exchange, Inc., 24885-24889
Small Business Administration
NOTICES
Small business size standards:
Nonmanufacturer rule; waivers--
Industrial gases manufacturing, etc., 24889-24890
Social Security Administration
RULES
Social security benefits:
Federal old age, survivors, and disability insurance--
Widow's and widower's benefits; applications filing and
requirements, 24812-24814
State Department
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24890
Foreign terrorists and terrorist organizations; designation:
Lashkar-e-Tayyiba (LT, LET) et al., 24890
Grants and cooperative agreements; availability, etc.:
Indian and Pakistani Teachers Professional Development Program,
24891-24895
U.S-French Teachers-in-Training Program, 24895-24901
Transportation Department
See Federal Aviation Administration
See Federal Highway Administration
See Federal Motor Carrier Safety Administration
See Research and Innovative Technology Administration
NOTICES
Aviation proceedings:
Agreements filed; weekly receipts, 24901-24902
Certificates of public convenience and necessity and foreign air
carrier permits; weekly applications, 24902
Treasury Department
NOTICES
Agency information collection activities; proposals, submissions, and
approvals, 24914-24915
-----------------------------------------------------------------------
Separate Parts In This Issue
Part II
Commerce Department, Industry and Security Bureau, 24918-24970
Part III
Energy Department, Energy Efficiency and Renewable Energy Office,
24972-25008
[[Page vi]]
Part IV
Agriculture Department, Animal and Plant Health Inspection Service,
25010-25057
-----------------------------------------------------------------------
Reader Aids
Consult the Reader Aids section at the end of this issue for phone numbers,
online resources, finding aids, reminders, and notice of recently enacted
public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic
mailing list, go to http://listserv.access.gpo.gov and select Online
mailing list archives, FEDREGTOC-L, Join or leave the list (or change
settings); then follow the instructions.
CFR PARTS AFFECTED IN THIS ISSUE
__________________________________________________________
A cumulative list of the parts affected this month can be
found in the Reader Aids section at the end of this issue.
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Contents
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Contents
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Contents
[[Page vii]]
7 CFR
Proposed Rules:
205..................................................24820
305..................................................25010
319..................................................25010
352..................................................25010
9 CFR
77...................................................24803
93...................................................24806
10 CFR
431..................................................24972
14 CFR
25...................................................24808
39...................................................24808
71...................................................24812
15 CFR
710..................................................24918
711..................................................24918
712..................................................24918
713..................................................24918
714..................................................24918
715..................................................24918
716..................................................24918
717..................................................24918
718..................................................24918
719..................................................24918
720..................................................24918
721..................................................24918
722..................................................24918
20 CFR
404..................................................24812
21 CFR
558..................................................24814
34 CFR
Proposed Rules:
76...................................................24824
37 CFR
Proposed Rules:
201..................................................24829
40 CFR
9....................................................24817
86...................................................24817
600..................................................24817
Proposed Rules:
52 (2 documents)..............................24831, 24834
43 CFR
Proposed Rules:
2800.................................................24836
2880.................................................24836
50 CFR
17...................................................24916
Proposed Rules:
17...................................................24916 | usgpo | 2024-10-08T14:08:32.799648 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/FR-2006-04-27-FrontMatter.htm"
} |
FR | FR-2006-04-27/06-3984 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24803-24806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3984]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Rules
and Regulations
[[Page 24803]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 04-094-2]
Tuberculosis in Captive Cervids; Extend Interval for Conducting
Reaccreditation Test
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations regarding tuberculosis in
captive cervids by extending, from 2 years to 3, the term for which
accredited herd status is valid and increasing by 12 months the
interval for conducting the reaccreditation test required to maintain
the accredited tuberculosis-free status of cervid herds. We are also
reducing, from three tests to two, the number of consecutive negative
official tuberculosis tests required of all eligible captive cervids in
a herd before a herd can be eligible for recognition as an accredited
herd. These actions will reduce testing costs for herd owners, lessen
the potential for animal injury or death during testing, and lower
administrative costs for State and Federal regulatory agencies. In
addition, we are amending the regulations by removing references to the
blood tuberculosis test for captive cervids, as that test is no longer
used in the tuberculosis eradication program for captive cervids. This
change updates the regulations so that they refer only to those
official tests currently in use.
DATES: Effective Date: April 21, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff
Veterinarian, National Tuberculosis Eradication Program, Eradication
and Surveillance Team, National Center for Animal Health Programs, VS,
APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231, (301) 734-
5467.
SUPPLEMENTARY INFORMATION:
Background
Through the National Cooperative State/Federal Bovine Tuberculosis
Eradication Program, the Animal and Plant Health Inspection Service
(APHIS) works cooperatively with the Nation's livestock industry and
State animal health agencies to eradicate bovine tuberculosis from
domestic livestock in the United States and prevent its recurrence.
Federal regulations implementing this program are contained in 9
CFR part 77, ``Tuberculosis'' (referred to below as the regulations),
and in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (UMR), which is incorporated by reference into the
regulations. The regulations restrict the interstate movement of
cattle, bison, and captive cervids to prevent the spread of
tuberculosis. Subpart C of the regulations (Sec. Sec. 77.20 to 77.41)
addresses captive cervids.
On January 12, 2006, we published in the Federal Register (71 FR
1985-1988, Docket No. 04-094-1) a proposal \1\ to amend the regulations
regarding tuberculosis in captive cervids by extending, from 2 years to
3, the term for which accredited herd status is valid and increasing by
12 months the interval for conducting the reaccreditation test required
to maintain the accredited tuberculosis-free status of cervid herds. We
also proposed to reduce, from three tests to two, the number of
consecutive negative official tuberculosis tests required of all
eligible captive cervids in a herd before a herd can be eligible for
recognition as an accredited herd. We proposed these actions to reduce
testing costs for herd owners, lessen the potential for animal injury
or death during testing, and lower administrative costs for State and
Federal regulatory agencies. In addition, we proposed to amend the
regulations by removing references to the blood tuberculosis test for
captive cervids, as that test is no longer used in the tuberculosis
eradication program for captive cervids. We proposed this change to
update the regulations so that they refer only to those official tests
currently in use.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2004-0119, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
---------------------------------------------------------------------------
We solicited comments on our proposal for 60 days ending on March
13, 2006. We received 32 comments by that date, from producers,
industry group representatives, private citizens, and one State agency.
In all, 30 of the 32 commenters supported the rule, although three of
these commenters had questions or suggestions regarding the proposed
rule. The two remaining commenters were opposed to the proposed rule.
The issues raised by the commenters are discussed below.
Two commenters opposed the change to the current testing
requirements. One of these commenters was concerned that the proposed
rule would not protect the health of Americans or the health of
America's livestock industry. The commenter stated that by allowing
cervid producers to obtain accredited tuberculosis-free status with
fewer consecutive negative tests, as well as allowing these same herds
to retain that status for longer periods without required re-testing,
the U.S. food supply will be endangered. This commenter also stated
that the U.S. Animal Health Association's (USAHA) Committee on
Tuberculosis noted that ``there is continuing concern that the level of
surveillance for TB in captive cervids may be inadequate.''
We do not believe the changes in this rule will reduce the
effectiveness of our tuberculosis surveillance and eradication program,
nor will they increase the risk of captive herds endangering the U.S.
food supply. Further, the proposed rule was prepared in an effort to
directly address the concerns of the USAHA Committee on Tuberculosis
regarding surveillance for tuberculosis in captive cervids, and has
been endorsed by that committee. By reducing testing costs for herd
owners and lessening the potential for animal injury or death during
testing, we are making the program more accessible to cervid producers.
This will result in better surveillance for tuberculosis due to greater
participation by cervid producers in the eradication program.
Experience has shown that careful management in accredited herds of
captive cervids in accordance with the regulations and the UMR
virtually eliminates the already low probability of
[[Page 24804]]
introducing tuberculosis into a herd from outside sources. Because of
this, it is also our belief that the greater producer participation and
the resulting improved surveillance will address, in part, the concerns
over the level of surveillance in cervids as reported in the
aforementioned 2005 Report from the USAHA Committee on Tuberculosis.
Additionally, continued participation by owners in this program will
yield monitoring and surveillance data on cervids that is extremely
important to our efforts to detect and eliminate tuberculosis-affected
herds in the United States. With respect to the food safety issue
raised by the commenter, the Centers for Disease Control and Prevention
reports that, while rare, humans can become infected with Mycobacterium
bovis, but that the most common cause of such infection is through the
consumption of unpasteurized milk products from infected cows. The
consumption of meat is not considered to present a risk of transmitting
M. bovis to humans. We are not making any changes to the final rule as
a result of this comment.
Two of the commenters who supported the rule suggested we add
additional blood tests--one specifically suggested Cervigam and/or the
Rapid Test--to the list of official tests for tuberculosis in cervids.
Because we recognize the need for more modern and practical tests
for tuberculosis in captive cervids, we plan to conduct validation
studies of both the Cervigam test and the Rapid Test. If the studies
demonstrate that these two tests are acceptable, we will initiate the
process of making the Cervigam and the Rapid Test official tests for
tuberculosis in captive cervids. At this time, however, we are not
making any changes to the regulations as a result of this comment.
Another commenter who supported the rule questioned whether or not
he would have to retest his cervids for tuberculosis if he sold deer
and needed to move them across State lines. This commenter also
suggested that certification should be ``federally sponsored.''
Under the regulations as amended by this rule, animals moving
interstate from an accredited tuberculosis-free herd would not require
testing as long as the herd's most recent test was within the past 36
months. The regulations in part 77 and the specific requirements
regarding the interstate movement of cervids from accredited herds are
administered by APHIS and thus do provide the Federal ``sponsorship''
suggested by the commenter.
Another commenter who supported the rule stated that the
tuberculosis testing costs and high and low ranges of animal values
presented in the proposed rule's economic analysis were too low. The
commenter stated that the average cost of tuberculosis testing is
``significantly higher'' than $10 to $15 a head, and that the high/low
ranges of animal values were likewise too low.
We acknowledge that our estimates of testing costs, which we
acknowledged were preliminary, and animal values, which were based on
limited industry information, may be too low in some cases. Higher
costs and values would, however, further emphasize the economic
benefits of adopting this rule, insofar as the savings to producers
would be even higher than estimated. We will continue to seek
additional information that will allow us to more accurately estimate
the costs of testing and the value of animals.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
This final rule extends the term for which accredited herd status
is valid, increases the interval for conducting reaccreditation tests,
and reduces the number of consecutive negative official tuberculosis
tests required of all eligible captive cervids in a herd before a herd
can be eligible for recognition as an accredited herd. Making this rule
effective immediately will reduce testing costs for herd owners, lessen
the potential for animal injury or death during testing, and lower
administrative costs for State and Federal regulatory agencies.
Therefore, the Administrator of the Animal and Plant Health Inspection
Service has determined that this rule should be effective upon
signature.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the regulations regarding tuberculosis in captive
cervids by extending, from 2 years to 3, the term for which accredited
herd status is valid and increasing by 12 months the interval for
conducting the reaccreditation test required to maintain the accredited
tuberculosis-free status of cervid herds. We are also reducing, from
three tests to two, the number of consecutive negative official
tuberculosis tests required of all eligible captive cervids in a herd
before a herd can be eligible for recognition as an accredited herd.
These actions will reduce testing costs for herd owners, lessen the
potential for animal injury or death during testing, and lower
administrative costs for State and Federal regulatory agencies. In
addition, we are amending the regulations by removing references to the
blood tuberculosis test for captive cervids, as that test is no longer
used in the tuberculosis eradication program for captive cervids. This
change will update the regulations so that they refer only to those
official tests currently in use.
Of primary importance among captive cervids are deer and elk, which
are farmed for breeding stock, velvet antler, meat, and sales to game
parks and exhibits. This is a relatively small industry, and as such
was not tracked as a separate line item in census data before the 2002
Census of Agriculture. The 2002 Census estimates there are 286,863 deer
being raised on 4,901 farms, and 97,901 elk on 2,371 farms in the
United States. Due to the devastating effects of chronic wasting
disease in captive cervids, these numbers are largely believed to be an
overstatement of current market conditions. Unfortunately, the census
data do not consider the per head value of deer or elk. However,
limited data are collected by the two major cervid industry
associations, the North American Elk Breeders Association (NAEBA) and
the North American Deer Farmers Association (NADeFA). Membership in the
above associations is estimated to constitute 60 percent of the farmed
cervid industry. Attempts to get current information on deer and elk
industries and corresponding values were unsuccessful. However, we
previously gathered information from the above major industry
associations in connection with another rulemaking related to deer and
elk,\2\ and have used that information as the source of the estimates
in this analysis.
---------------------------------------------------------------------------
\2\ See Docket No. 00-108-2, published in the Federal Register
on December 24, 2003 (68 FR 74513-74529).
---------------------------------------------------------------------------
NAEBA estimates about 75 percent of its members have 100 or fewer
animals, 15 percent have more than 100 but fewer than 500, and the
remaining 10 percent have more than 500 elk. Numbers of elk per farm
vary depending on the farm classification, commercial
[[Page 24805]]
or hobby. The value per elk also varies, depending on type of animal
(e.g., bull, calf) and market conditions, ranging from a high of $5,000
for superior animals to a low of $500 for non-pedigree animals. In
2002, NAEBA estimated the average value per head of elk was $2,000;
using this figure, we can approximate the value of the 97,901 elk on
U.S. farms to be $195.8 million. In 2001, gross receipts for members in
NAEBA (velvet antler, breeding stock, and meat) totaled $44.3 million.
NADeFA estimates there are an average of 50 deer per farm. The
actual number of deer per farm varies, depending on usage, from a high
of 3,000 for commercial farms to a low of 5 for hobby farms. The value
of each deer also varies depending on the type of animal (e.g., wapiti,
white-tail, fallow) and market conditions. NADeFA estimates the average
value per animal to be $1,687, with wapiti deer at the high end at
$4,000 each, and fallow deer at the low end at $375 each. Using this
average per head value of $1,687, the value of the 286,863 deer on U.S.
farms can be approximated at $483.9 million.
This final rule amends the regulations by extending the term for
which accredited herd status is valid, increasing the interval for
conducting reaccreditation tests, and reducing the number of
consecutive negative official tuberculosis tests required of all
eligible captive cervids in a herd before a herd can be eligible for
recognition as an accredited herd. We expect these changes will
encourage producers already participating in this voluntary program to
maintain accredited herds, as they will reduce testing costs. Continued
participation in this program is important to bovine tuberculosis
eradication efforts, as accreditation testing yields monitoring and
surveillance data on cervids which greatly assist in our efforts to
detect and eliminate tuberculosis-affected herds in the United States.
The potential benefits of this final rule are fairly clear, the
most obvious being decreased testing costs for those producers
maintaining accredited herds. Furthermore, reducing testing
requirements would lower administrative costs for State and Federal
regulatory agencies. In addition, by extending the interval between
reaccreditation tests and reducing the number of qualifying tests, the
need to round up deer and elk for testing, and the potential for animal
injury or death during that process, will be reduced.
Currently, APHIS records indicate there are 1,024 accredited herds
of captive cervids in the United States. APHIS is currently in the
process of researching the average cost to producers of identifying
animals and testing them for tuberculosis. Our preliminary research
indicates the average cost of tuberculosis testing ranges from $10 to
$15 per head. Thus, in a 6-year period, the changes in the regulations
will translate to a cost savings of $20 to $30 per head, as there will
be only two tests required for reaccreditation and two tests required
to qualify for initial accreditation instead of three in each case. If
we were to assume each of the 1,024 accredited herds had an average of
50 animals, the longer interval between reaccreditation tests and the
reduction in the number of qualifying tests will result in a total cost
savings to the domestic industry of approximately $1,024,000 to
$1,536,000 over a 6-year period.\3\
---------------------------------------------------------------------------
\3\ Calculation: 1,024 herds x 50 animals per herd x $10 (or $15
for high-end estimate) x 2 tests.
---------------------------------------------------------------------------
According to the two major cervid associations, the majority of
their members would be classified as small entities by U.S. Small
Business Administration standards.\4\ For producers wishing to maintain
accredited status, considering that the estimated average value per
head is $2,000 and $1,687 for elk and deer, respectively, the cost
savings of reduced testing represent less than 2 percent of the per
head value. In general practice, we assume a regulation that has
compliance costs which equal a small business' profit margin, or 5 to
10 percent of annual sales, pose an impact which can be considered
``significant.'' \5\ For the purposes of illustration and analysis of
potential effects on small entities, if we assume a cervid producer
owns only a single average herd of 50 deer, with annual sales or value
of approximately $84,350, compliance costs totaling between $4,218 and
$8,435 would qualify as posing a ``significant'' economic impact on
this entity. In this case, the average compliance costs of tuberculosis
testing for an entire herd would be $750, using the high-end average
cost per head of $15, which would not qualify as monetarily
significant. Thus, for those producers participating in the voluntary
cervid accreditation program, the cost savings from the elimination of
two tests, while beneficial, would not represent a significant monetary
savings.
---------------------------------------------------------------------------
\4\ NAEBA estimates 75 percent of its members have 100 or fewer
animals, which translates to an average value per elk farm of
$200,000 (100 animals x $2,000). NADeFA estimates there are an
average of 50 deer per farm, which translates into an average total
value per deer farm of $84,350 (50 animals x $1,687). A small cervid
operation is one having $750,000 or less in annual receipts. Table
of Size Standards based on NAICS 2002. Washington, DC: U.S. Small
Business Administration, 2004.
\5\ Verkuil, Paul R. ``A Critical Guide to the Regulatory
Flexibility Act,'' Duke Law Journal, Apr. 1982: 928.
---------------------------------------------------------------------------
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are in conflict with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
0
Accordingly, we are amending 9 CFR part 77 as follows:
PART 77--TUBERCULOSIS
0
1. The authority citation for part 77 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. Section 77.20 is amended as follows:
0
a. In the definition for accredited herd, by removing the word
``three'' and adding the word ``two'' in its place.
0
b. By removing the definition for blood tuberculosis (BTB) test.
0
c. In the definition for negative, by removing the words ``classified
by the testing laboratory as ``avian'' or ``negative'' on the BTB
test,''.
0
d. By revising the definition for official tuberculosis test to read as
set forth below.
0
e. In the definition for reactor, by removing the words ``, or is
classified by
[[Page 24806]]
the testing laboratory as ``M. bovis positive'' on the BTB test,''.
0
f. In the definition for suspect, by removing the words ``, or that is
classified by the testing laboratory as equivocal on the BTB test,''.
The revisions read as follows:
Sec. 77.20 Definitions.
* * * * *
Official tuberculosis test. Any of the following tests for bovine
tuberculosis in captive cervids, applied and reported in accordance
with this part:
(1) The single cervical tuberculin (SCT) test.
(2) The comparative cervical tuberculin test (CCT) test.
* * * * *
Sec. 77.33 [Amended]
0
3. Section 77.33 is amended as follows:
0
a. In paragraph (a) introductory text, by removing the words ``in
paragraphs (a)(1) and (a)(2)'' and adding the words ``in paragraph
(a)(1)'' in their place.
0
b. By removing and reserving paragraphs (a)(2), (b)(2), (d)(2), and
(e)(3).
Sec. 77.34 [Amended]
0
4. Section 77.34 is amended as follows:
0
a. In paragraph (a)(1), by removing the words ``either the CCT test or
the BTB test'' and adding the words ``the CCT test'' in their place.
0
b. By removing paragraph (c).
0
5. Section 77.35 is amended as follows:
0
a. In paragraph (a)(1), by removing the word ``three'' in the first
sentence and adding the word ``two'' in its place.
0
b. By revising paragraph (d) to read as set forth below.
Sec. 77.35 Interstate movement from accredited herds.
* * * * *
(d) Maintenance of accredited herd status. To maintain status as an
accredited herd, the herd must test negative to an official
tuberculosis test within 33-39 months from the anniversary date of the
second consecutive test with no evidence of tuberculosis disclosed
(that is, the test on which the herd was recognized as accredited or
the accrediting test). Each time the herd is tested for
reaccreditation, it must be tested 33-39 months from the anniversary
date of the accrediting test, not from the last date of reaccreditation
(for example, if a herd is accredited on January 1 of a given year, the
anniversary date will be January 1 of every third year). Accredited
herd status is valid for 36 months (1,095 days) from the anniversary
date of the accrediting test. If the herd is tested between 36 and 39
months after the anniversary date, its accredited herd status will be
suspended for the interim between the anniversary date and the
reaccreditation test. During the suspension period, the herd will be
considered ``unclassified'' and captive cervids may be moved interstate
from the herd only in accordance with the movement requirements for the
State or zone in which the herd is located.
Sec. 77.37 [Amended]
0
6. In Sec. 77.37, paragraph (a)(2), footnote 3 is redesignated as
footnote 2.
0
7. In Sec. 77.39, paragraph (a) is amended as follows:
0
a. In paragraph (a)(1)(i) introductory text, by removing the words ``or
the BTB test''.
0
b. By removing and reserving paragraph (a)(1)(i)(B).
0
c. In paragraph (a)(1)(ii) introductory text, by removing the words
``or the first BTB test''.
0
d. In paragraph (a)(1)(ii)(A), by removing the word ``; or'' and adding
a period in its place.
0
e. By removing and reserving paragraph (a)(1)(ii)(B).
0
f. In paragraph (e) introductory text, by removing the fourth sentence
after the paragraph heading and revising the last two sentences of the
paragraph to read as set forth below.
Sec. 77.39 Other interstate movements.
* * * * *
(e) Herds that have received captive cervids from an affected herd.
* * * Any exposed captive cervid that responds to the SCT test must be
classified as a reactor and must be slaughter inspected or necropsied.
Any exposed captive cervid that tests negative to the SCT test will be
considered as part of the affected herd of origin for purposes of
testing, quarantine, and the five annual whole herd tests required for
affected herds in paragraph (d) of this section.
* * * * *
Done in Washington, DC, this 21st day of April 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-3984 Filed 4-26-06; 8:45 am]
BILLING CODE 3410-34-P | usgpo | 2024-10-08T14:08:32.814714 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3984.htm"
} |
FR | FR-2006-04-27/06-3985 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24806-24808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3985]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. APHIS-2006-0020]
States Approved To Receive Stallions and Mares From CEM-Affected
Regions; Indiana
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the animal importation regulations by adding
Indiana to the lists of States approved to receive certain stallions
and mares imported into the United States from regions affected with
contagious equine metritis (CEM). We are taking this action because
Indiana has entered into an agreement with the Administrator of the
Animal and Plant Health Inspection Service to enforce its State laws
and regulations to control CEM and to require inspection, treatment,
and testing of horses, as required by Federal regulations, to further
ensure the horses' freedom from CEM. This action relieves unnecessary
restrictions on the importation of mares and stallions from regions
where CEM exists.
DATES: This rule will be effective on June 26, 2006, unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before May 30, 2006. If we receive written adverse
comments or written notice of intent to submit adverse comments, we
will publish a document in the Federal Register withdrawing this rule
before the effective date.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal
Actions'' box, select ``Animal and Plant Health Inspection Service''
from the agency drop-down menu, then click on ``Submit.'' In the Docket
ID column, select APHIS-2006-0020 to submit or view public comments and
to view supporting and related materials available electronically.
Information on using Regulations.gov, including instructions for
accessing documents, submitting comments, and viewing the docket after
the close of the comment period, is available through the site's ``User
Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0020,
[[Page 24807]]
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. APHIS-2006-0020.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Freeda E. Isaac, Senior Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
The animal importation regulations in 9 CFR part 93 (referred to
below as the regulations), among other things, prohibit or restrict the
importation of certain animals, including horses, into the United
States to protect U.S. livestock from communicable diseases.
In Sec. 93.301, paragraph (c)(1) prohibits the importation of
horses into the United States from certain regions where contagious
equine metritis (CEM) exists. Paragraph (c)(2) lists categories of
horses that are excepted from this prohibition, including, in Sec.
93.301(c)(2)(vi), horses over 731 days of age imported for permanent
entry if the horses meet the requirements of Sec. 93.301(e).
One of the requirements in Sec. 93.301(e) is that mares and
stallions over 731 days old imported for permanent entry from regions
where CEM exists must be consigned to States listed in Sec.
93.301(h)(6), for stallions, or in Sec. 93.301(h)(7), for mares. The
Administrator of the Animal and Plant Health Inspection Service (APHIS)
has approved these States to receive stallions or mares over 731 days
of age from regions where CEM exists because each State has entered
into a written agreement with the Administrator to enforce State laws
and regulations to control CEM, and each State has agreed to
quarantine, test, and treat stallions and mares over 731 days of age
from any region where CEM exists in accordance with Sec. 93.301(e).
Indiana has entered into a written agreement with the Administrator
of APHIS and has agreed to comply with all of the requirements in Sec.
93.301(e) for importing stallions and mares over 731 days old from
regions where CEM exists. Therefore, this direct final rule will add
Indiana to the lists of States in Sec. 93.301(h)(6) and (h)(7)
approved to receive certain stallions and mares imported into the
United States from regions where CEM exists.
Dates
We are publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse public
comments. This rule will be effective, as published in this document,
on June 26, 2006, unless we receive written adverse comments or written
notice of intent to submit adverse comments by May 30, 2006.
Adverse comments are comments that suggest the rule should not be
adopted or that suggest the rule should be changed.
If we receive written adverse comments or written notice of intent
to submit adverse comments, we will publish a document in the Federal
Register withdrawing this rule before the effective date. We will then
publish a proposed rule for public comment.
As discussed above, if we receive no written adverse comments or
written notice of intent to submit adverse comments within 30 days of
publication of this direct final rule, this direct final rule will
become effective 60 days following its publication. We will publish a
document in the Federal Register before the effective date of this
direct final rule, confirming that it is effective on the date
indicated in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the animal importation regulations by adding
Indiana to the lists of States approved to receive certain stallions
and mares imported into the United States from regions affected with
CEM. We are taking this action because Indiana has entered into an
agreement with the Administrator of APHIS to enforce its State laws and
regulations to control CEM and to require inspection, treatment, and
testing of horses, as required by Federal regulations, to further
ensure the horses' freedom from CEM. This action relieves unnecessary
restrictions on the importation of mares and stallions from regions
where CEM exists.
The United States imported a total of 41,065 horses in 2004. Nearly
82 percent of horses imported were from Canada (76 percent) and Mexico
(6 percent). Of the total imports, 35,372 were from non-CEM countries
and the remaining 5,693 were from CEM countries. The proportion of
pure-bred horses was much smaller than other horses. Of the above
total, 2,297 were purebred breeding horses. Only 265 purebred breeding
horses were imported from CEM-affected countries. However, horses
supplied by CEM-affected countries are generally highly valued. In
2004, for example, the average value of a purebred breeding horse
imported from a CEM-affected region was $42,600, whereas the average
value of a purebred breeding horse imported from non-CEM countries was
$4,720.
The rule will allow Indiana horse operations to import stallions
and mares directly from CEM-affected regions, whereas at present they
must be imported and undergo post-entry testing and treatment in
another, currently approved State. There are now 21 States approved to
receive stallions and mares from CEM-affected regions. Thus, Indiana
would join those 21 States as a potential destination for purebred
breeding horses imported from CEM-affected regions. This rule would
affect operations raising horses and other equines (North American
Industry Classification System (NAICS) code 112920) and operations
owning racehorses (NAICS code 711219). The main effect would be on
those entities importing horses from CEM-affected regions. It is not
known how many such firms there may be, but it is reasonable to assume
that at least some of them may be small entities. The Small Business
Administration classifies operations engaged in raising horses and
other equines as small entities if their annual receipts are not more
than $750,000. Operations owning race horses are considered small if
annual gross receipts are less than $6.5 million. According to the 2002
Census of Agriculture, there were 14,500 horse farms in Indiana that
year, 3,492 of which sold 12,397 horses that had a total value of $34
million. About 5 percent are owners of racehorses. These data imply an
average income per farm from horse sales of about $2,750. Over 99
percent of operations raising horses and owning racehorses are
considered to be small. Entities that may be affected by the rule are
principally small
[[Page 24808]]
businesses, but the impact will not be significant.
This rule is expected to benefit small and large horse entities in
Indiana through trade opportunities already provided to States
currently approved to receive horses from CEM-affected regions. Horses
from CEM-affected regions will be allowed to be moved directly into
Indiana, thereby benefitting Indiana importers through lower transport
costs and reduced paperwork burdens. Mainly, breeding horse importers
in Indiana would benefit from this rule. Because the pool of imported
horses is a very small fraction of the domestic total and Indiana
importers are expected to compete with importers in 21 other States,
any net beneficial impact would be very small, especially when compared
to the value of the imported horses.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
0
Accordingly, 9 CFR part 93 is amended as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 93.301 [Amended]
0
2. Section 93.301 is amended as follows:
0
a. In paragraph (h)(6), by adding, in alphabetical order, ``The State
of Indiana''.
0
b. In paragraph (h)(7), by adding, in alphabetical order, ``The State
of Indiana''.
Done in Washington, DC, this 21st day of April 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-3985 Filed 4-26-06; 8:45 am]
BILLING CODE 3410-34-P | usgpo | 2024-10-08T14:08:32.835469 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3985.htm"
} |
FR | FR-2006-04-27/06-3947 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Page 24808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3947]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM316, Special Conditions No. 25-315-SC]
Special Conditions: Airbus Model A380-800 Airplane; Discrete Gust
Requirements
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final special conditions; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects an error that appeared in Docket No.
NM316, Special Conditions No. 25-312-SC, which were published in the
Federal Register on January 24, 2006 (71 FR 3753). The error is in the
Special Conditions No. and is being corrected herein.
DATES: Effective Date: The effective date of this correction is April
6, 2006.
FOR FURTHER INFORMATION CONTACT: Madeleine Kolb, FAA, Standardization
Branch, ANM-113, Transport Airplane Directorate, Aircraft
Certifications Service, 1601 Lind Avenue, SW., Renton, WA 98055-4056;
telephone (425) 227-2799; facsimile (425) 227-1149.
SUPPLEMENTARY INFORMATION: The document designated as ``Docket No.
NM316, Special Conditions No. 25-312-SC'' was published in the Federal
Register on January 24, 2006 (71 FR 3753). The document issued special
conditions pertaining to discrete gust requirements for the Airbus
Model A380-800 airplane.
As published, the document contained an error in that the Special
Conditions No. was shown as 25-312-SC, which is the number of a
different set of special conditions. To avoid confusion, a new Special
Condition No., 25-315-SC, has been assigned to ``Special Conditions:
Airbus Model A380-800 Airplane, Discrete Gust Requirements.''
Since no other part of the regulatory information has been changed,
the Special Conditions are not being republished.
Correction
In Final Special Conditions document [FR Doc. 06-598, Filed 1-23-
06; 8:45] and published on January 24, 2006 (71 FR 3753), make the
following correction:
1. On page 3753, in the first column in the Headings section,
correct ``Special Conditions No. 25-312-SC'' to read ``Special
Conditions No. 25-315-SC.''
Issued in Renton, Washington, on April 6, 2006.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-3947 Filed 4-26-06; 8:45 am]
BILLING CODE 4910-13-M | usgpo | 2024-10-08T14:08:32.856474 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3947.htm"
} |
FR | FR-2006-04-27/06-3986 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24808-24812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3986]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24518; Directorate Identifier 2006-SW-10-AD;
Amendment 39-14569; AD 2006-08-12]
RIN 2120-AA64
Airworthiness Directives; MD Helicopters, Inc. Model 600N
Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD) for the MD Helicopters, Inc. (MDHI) Model 600N helicopters, that
currently requires inspecting both upper tailboom attachment fittings,
nut plates and both angles for a crack or thread damage, and repairing
or replacing any cracked or damaged part. That AD also requires
replacing the upper right tailboom attachment bolt with a new
attachment bolt, and if the upper right attachment bolt is broken,
replacing the three remaining attachment bolts with airworthy bolts.
Adding a washer to each bolt and modifying both access covers is also
required. Thereafter, inspecting the upper tailboom attachments and
repairing or replacing
[[Page 24809]]
any cracked part is required by that AD. That AD was prompted by the
discovery of a cracked attachment bolt on a helicopter. This AD
requires those same actions, plus installing additional inspection
holes in the aft fuselage skin panels and inspecting the upper and
lower tailboom attachment fittings, the upper longerons, and the angles
and nut plates for cracks. It also requires, within a specified time,
replacing the upper right tailboom attachment fitting, painting the
inspection area, and replacing existing nut plates. Additionally, it
requires inspecting the attachment bolts for any damage or wear. This
amendment is prompted by an accident involving a Model 600N helicopter.
The actions specified by this AD are intended to prevent failure of the
tailboom attachment fittings, separation of the tailboom from the
helicopter, and subsequent loss of control of the helicopter.
DATES: Effective April 27, 2006.
The incorporation by reference of MD Helicopters Service Bulletin
SB600N-039, dated December 9, 2003; MD Helicopters Service Bulletin
SB600N-043, dated April 13, 2006; and MD Helicopters Technical Bulletin
TB600N-007, Revision 1, dated April 13, 2006, as listed in the
regulations, is approved by the Director of the Federal Register as of
April 27, 2006.
The incorporation by reference of MD Helicopters Service Bulletin
SB600N-036, dated November 2, 2001, as listed in the regulations, was
approved previously by the Director of the Federal Register as of April
29, 2002 (67 FR 17934, April 12, 2002).
Comments for inclusion in the Rules Docket must be received on or
before June 26, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically;
Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically;
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590;
Fax: (202) 493-2251; or
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You may get the service information identified in this AD from MD
Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell
Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-
3378, fax 480-346-6813, or on the Web at http://www.mdhelicopters.com.
Examining the Docket
You may examine the docket that contains the AD, any comments, and
other information on the Internet at http://dms.dot.gov, or in person
at the Docket Management System (DMS) Docket Offices between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone (800) 647-5227) is located on the plaza level of the
Department of Transportation Nassif Building at the street address
stated in the ADDRESSES section. Comments will be available in the AD
docket shortly after the DMS receives them.
FOR FURTHER INFORMATION CONTACT: Jon Mowery, Aviation Safety Engineer,
FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960
Paramount Blvd., Lakewood, California 90712, telephone (562) 627-5322,
fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: On April 12, 2002, the FAA published AD
2001-24-51, Amendment 39-12706 (67 FR 17934), applicable to MDHI Model
600N helicopters, that had been issued on November 28, 2001, to all
known operators. That AD requires, within 5 hours time-in-service
(TIS), inspecting both upper tailboom attachment fittings, nut plates,
and both angles for a crack or thread damage, and repairing or
replacing any cracked or damaged part before further flight. That AD
also requires replacing the upper right tailboom attachment bolt with a
new bolt, and if the upper right tailboom attachment bolt is broken,
replacing the three remaining attachment bolts with airworthy
attachment bolts before further flight. Adding a washer to each bolt
and modifying both access covers was also required. Thereafter,
inspecting the upper tailboom attachments at intervals not to exceed 25
hours TIS and repairing or replacing any cracked part is required by
that AD. That AD was prompted by the discovery of a cracked attachment
bolt on a helicopter. That condition, if not corrected, could result in
failure of a tailboom attachment, loss of the tailboom, and subsequent
loss of control of the helicopter.
Since issuing that AD, on March 21, 2006, an accident occurred in
Alberta, Canada, involving an MDHI Model 600N helicopter, resulting in
one fatality. That accident may have been caused by failure of the
thread engagement between the nut plate and bolt, and/or by cracking in
the attachment bathtub fitting. This condition, if not corrected, could
result in failure of the tailboom attachment fittings, separation of
the tailboom from the helicopter, and subsequent loss of control of the
helicopter.
On February 2, 2005, we issued a notice of proposed rulemaking
(NPRM), applicable to MDHI Model 600N helicopters, to supersede AD
2001-24-51. That NPRM, Docket No. 2004-SW-16-AD (70 FR 7065, February
10, 2005), proposed to require the same actions required by AD 2001-24-
51, and also proposed to require, before further flight, installing six
additional inspection holes in the aft fuselage skin panels. The NPRM
also proposed to require, within 100 hours TIS, inspecting the lower
tailboom attachment fittings, inspecting the upper longerons at
intervals not to exceed 1,200 flight hours, and additionally proposed a
terminating action of modifying the fuselage aft section to strengthen
the tailboom attachments and longerons. We anticipate withdrawing that
NPRM. We also anticipate issuing a subsequent AD to require, within 24
months TIS, modifying the aft fuselage to strengthen the tailboom
attachments and the longerons.
We have reviewed the following MDHI service information:
MD Helicopters Service Bulletin SB600N-036, dated November
2, 2001, which describes procedures for inspecting the tailboom
attachment fittings, repairing damaged fittings, and installing
inspection holes in the upper right and upper left access covers;
MD Helicopters Service Bulletin SB600N-039, dated December
9, 2003, which describes procedures for installing additional
inspection holes in the fuselage, and also describes procedures for
recurring inspections of the tailboom attachment fittings and of the
upper longerons for cracks; and
MD Helicopters Service Bulletin SB600N-043, dated April
13, 2006, which describes procedures for inspecting the tailboom
attachment fittings and attachment bolts, and replacing the nut plates,
attachment fittings, and attachment bolts, if necessary.
MD Helicopters Technical Bulletin TB600N-007, Revision 1,
dated April 13, 2006, which describes procedures for modifying the
fuselage aft section to strengthen tailboom attachment fittings and
upper longerons.
Since an unsafe condition has been identified that is likely to
exist or develop on other MDHI Model 600N
[[Page 24810]]
helicopters of the same type design, this AD supersedes AD 2001-24-51
to require, within 5 hours TIS, installing six inspection holes in the
aft fuselage skin panels. Then, using a borescope, inspect all four
tailboom attachment fittings and the surrounding areas, the upper
longerons, the upper nut plates and the upper angles for cracks. Add a
washer to each bolt between the tailboom and the NAS1587 countersunk
washer. If a crack is found on a right-hand angle, before further
flight, install a new clip. If a crack is found on the left-hand angle,
before further flight, replace the angle with an airworthy angle, or
repair the angle in accordance with FAA-approved procedures. Finally,
replacing the upper RH tailboom attachment bolt with a new bolt, and if
the upper right attachment bolt is broken, replacing the three
remaining attachment bolts with airworthy attachment bolts before
further flight is required. Within 25 hours TIS, the following actions
are also required:
Inspecting all attachment fittings and surrounding areas;
Replacing the upper right tailboom attachment fitting with
an airworthy fitting;
Painting the inspection area;
Inspecting the attachment bolts for wear or damage;
Replacing worn or damaged attachment bolts; and
Replacing all existing nut plates with airworthy nut
plates. Thereafter, inspect the upper tailboom attachment fittings,
angles, and nut plates at intervals not to exceed 25 hours TIS, and
inspect the lower tailboom attachment fittings, angles and nut plates
at intervals not to exceed 100 hours TIS. Modifying the aft fuselage to
strengthen the tailboom attachments and the longerons constitutes a
terminating action for the requirements of this AD. Accomplish the
actions by following the specified portions of the service and
technical bulletins described previously.
The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
controllability and structural integrity of the helicopter. A portion
of the helicopters operated in this fleet have high utilization rates.
Drilling inspection holes and inspecting the tailboom attachment
fittings and surrounding areas for cracks are required within 5 hours
TIS, therefore this AD must be issued immediately.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
The FAA estimates that this AD will affect 18 helicopters, and:
Initial inspections will take approximately 2 work hours;
Repetitive inspections will take approximately 24 work
hours; and
The initial modification will take approximately 25 work
hours for a total of 51 work hours per helicopter to accomplish at an
average labor rate of $80 per work hour. Required parts will cost
approximately $2,050 for each tailboom attachment fitting (1 per
helicopter) and $26 for 4 nut plates and 4 rivet collars per
helicopter. Based on these figures, which assume a rate of utilization
of 600 hours TIS per year, resulting in 24 repetitive inspections per
year, we estimate the total cost impact of the AD on U.S. operators to
be approximately $6,156 per helicopter, or $110,808, for the fleet, to
perform the inspections and replacements.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2006-24518;
Directorate Identifier 2006-SW-10-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of our docket
Web site, you can find and read the comments to any of our dockets,
including the name of the individual who sent the comment. You may
review the DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply
with this AD. See the DMS to examine the economic evaluation.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. Section 39.13 is amended by removing Amendment 39-12706 (71 FR
17934, April 12, 2002), and by adding
[[Page 24811]]
a new airworthiness directive (AD), Amendment 39-14569, to read as
follows:
2006-08-12 MD Helicopters, Inc: Amendment 39-14569. Docket No. FAA-
2006-24518; Directorate Identifier 2006-SW-10-AD. Supersedes AD
2001-24-51, Amendment 39-12706, Docket No. 2001-SW-57-AD.
Applicability
Model 600N helicopters, serial numbers with a prefix ``RN'' and
003 through 058, that have not been modified in the fuselage aft
section to strengthen the tailboom attachments and longerons in
accordance with MD Helicopters Technical Bulletin TB600N-007, dated
January 12, 2004, or TB600N-007, Revision 1, dated April 13, 2006,
certificated in any category.
Compliance
Required as indicated.
To prevent failure of the tailboom attachment fittings,
separation of the tailboom from the helicopter, and subsequent loss
of control of the helicopter, accomplish the following:
Note 1: There is a slight discrepancy between MD Helicopters,
Inc. Service Bulletin SB600N-036, dated November 2, 2001 (SB600N-
036) and MD Helicopters Service Bulletin SB600N-039, dated December
9, 2003 (SB600N-039) on the vertical location of the upper left
inspection hole. Either location is acceptable for this AD.
(a) Within 5 hours time-in-service (TIS), unless accomplished
previously:
(1) Remove the tailboom fairing and tailboom. Remove both upper
tailboom attachment access covers in accordance with the
Accomplishment Instructions, paragraph 2.B.(2) of SB600N-036.
Note 2: MDHI CSP-HMI-2, Section 53-40-30, pertains to the
subject of this AD.
(2) Using a light and a 10x or higher magnifying glass:
(i) Inspect the right and left upper tailboom attachment
fittings, part number (P/N) 500N3422 and 500N3422-3, respectively,
for a crack as shown in Figure 1 of the SB600N-036. If a crack is
found, replace any cracked attachment fitting with an airworthy
attachment fitting before further flight.
(ii) Inspect both upper tailboom attachment nut plates for
thread damage or a crack. Replace any damaged or cracked nut plate
with an airworthy nut plate before further flight.
(iii) Inspect both angles for a crack. If a crack is found on a
right-hand angle, P/N 500N3429-6, before further flight, install a
new clip in accordance with the Accomplishment Instructions,
paragraph 2.B.(5)(c) of the SB600N-036. If a crack is found on the
left-hand angle, P/N 500N3429-7, before further flight, replace the
angle with an airworthy angle, or repair the angle in accordance
with FAA-approved procedures.
(3) Replace the upper right (pilot side) tailboom attachment
bolt (bolt) with a new bolt.
(4) If the removed upper right pilot-side bolt is broken,
replace the remaining three bolts with airworthy bolts before
further flight.
(5) Add one washer, P/N AN960C516 (NAS1149C0563R) or AN960C616
(NAS1149C0663R), as appropriate, to each tailboom bolt between the
tailboom and the NAS1587 countersunk washer. A minimum of two
threads must extend past the nut plate.
(6) Modify both access covers in accordance with the
Accomplishment Instructions, paragraph 2.B.(6), of the SB600N-036.
(b) Within 5 hours TIS, unless accomplished previously:
(1) Drill four additional inspection holes in the fuselage as
shown for the left side of the fuselage in Figure 1 of SB600N-039,
by following the Accomplishment Instruction paragraphs of SB600N-039
as follows:
(i) Paragraphs 2.A.(1)(a), (b), and (d) for inspection holes at
L166 and R166.
(ii) Paragraphs 2.A.(2)(a), (b), and (d) for inspection holes at
L153 and R153.
(2) Thoroughly clean the attachment fittings and surrounding
area. If the attachment fittings and surrounding area cannot be
satisfactorily cleaned to accomplish a borescope inspection, then
accomplish the actions in paragraph (c) of this AD.
(3) Using a lighted borescope, inspect all four attachment
fittings and the surrounding area for cracking.
(i) If a crack is found in the upper right attachment fitting,
accomplish the actions in paragraph (c) of this AD.
(ii) If a crack is found in any of the other three attachment
fittings, before further flight, accomplish the actions described in
paragraph (f) of this AD.
(4) Visually inspect the upper longerons for cracking in
accordance with the Accomplishment Instructions, paragraph 2.C., of
SB600N-039. If a crack is found in the upper longeron, accomplish
the actions in paragraph (e) of this AD.
Note 3: The reference in Figure 1 of SB600N-039 to the
inspection hole at L167 mistakenly states that it was ``Added by
SB900-036.'' Inspection holes at L167 and R167 were originally
specified by SB600N-036.
(c) Within 25 hours TIS, unless accomplished previously:
(1) Thoroughly clean all attachment fittings and the surrounding
areas, inspect the area for cracking, replace the upper right
attachment fitting and all four nut plates, and paint the area
inside of the attachment fittings in accordance with the
Accomplishment Instructions, paragraph 2.B., of MD Helicopters
Service Bulletin SB600N-043, dated April 13, 2006 (SB600N-043). If a
crack is found in any of the other three attachment fittings, before
further flight, accomplish the actions described in paragraph (f) of
this AD.
(2) Using a 10x magnifying glass, inspect the attachment bolts'
threads and shanks for wear or damage in accordance with paragraph
2.B., of SB600N-043. If wear or damage is present, replace the
attachment bolts with airworthy bolts.
(d) Thereafter, at the specified intervals, remove the plug
buttons from the inspection holes, and using a bright light, inspect
the upper and lower left and upper and lower right attachment
fittings, angles, and nut plates for a crack by following the
Accomplishment Instruction paragraphs of SB600N-039, as follows,
except you are not required to contact MDHI to meet the requirements
of this AD.
(1) At intervals not to exceed 25 hours TIS, through inspection
holes at L167 and R167, inspect the upper left and upper right
attachment fittings, angles, and nut plates by following the
Accomplishment Instructions, paragraphs 2.B.(2) through 2.B.(4), of
SB600N-039.
(2) At intervals not to exceed 100 hours TIS, through inspection
holes at L166 and R166, inspect the lower left and lower right
attachment fittings, angles, and nut plates by following the
Accomplishment Instructions, paragraphs 2.B.(2) through 2.B.(4), of
SB600N-039.
(e) If a crack is found in the upper right attachment fitting,
or in any angle, nut plate, longeron, or if thread wear or damage is
found on any nut plate or bolt, before further flight, replace the
cracked or worn or damaged part with an appropriate airworthy part,
or accomplish the actions in paragraph (f) of this AD. If cracking
is found in any of the other three attachment fittings, before
further flight, accomplish the actions described in paragraph (f) of
this AD.
(f) If required by paragraph (c)(1) of this AD, or if you choose
to make this modification to comply with paragraph (e) of this AD,
modify the aft fuselage to strengthen the tailboom attachments and
the longerons by following the Accomplishment Instructions of MD
Helicopters Technical Bulletin TB600N-007, Revision 1, dated April
13, 2006. Modifying the aft fuselage in accordance with this
paragraph constitutes a terminating action for the requirements of
this AD.
(g) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Los Angeles Aircraft Certification Office,
Airframe Branch, FAA, ATTN: Jon Mowery, Aviation Safety Engineer,
3960 Paramount Blvd., Lakewood, California 90712, telephone (562)
627-5322, fax (562) 627-5210, for information about previously
approved alternative methods of compliance.
(h) Special flight permits may be issued in accordance with 14
CFR 21.197 and 21.199 to operate the helicopter to the nearest
maintenance facility capable of performing the inspections and
modification.
(i) The inspections shall be done in accordance with MD
Helicopters Service Bulletin SB600N-036, dated November 2, 2001. The
incorporation by reference of that document was approved previously
by the Director of the Federal Register, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51, as of April 29, 2002 (67 FR 17934, April
12, 2002). The inspections, replacements and modifications shall be
done in accordance with MD Helicopters Service Bulletin SB600N-039,
dated December 9, 2003; MD Helicopters Service Bulletin SB600N-043,
dated April 13, 2006; and MD Helicopters Technical Bulletin
[[Page 24812]]
TB600N-007, Revision 1, dated April 13, 2006. The incorporation by
reference of these documents was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from MD Helicopters Inc., Attn: Customer
Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa,
Arizona 85215-9734, telephone 1-800-388-3378, fax 480-346-6813, or
on the web at www.mdhelicopters.com. Copies may be inspected at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(j) This amendment becomes effective on April 27, 2006.
Issued in Fort Worth, Texas, on April 20, 2006.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 06-3986 Filed 4-26-06; 8:45 am]
BILLING CODE 4910-13-P | usgpo | 2024-10-08T14:08:32.890337 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3986.htm"
} |
FR | FR-2006-04-27/06-3948 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Page 24812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3948]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-23271; Airspace Docket No. 05-AWP-15]
RIN 2120-AA66
Establishment of Class E Enroute Domestic Airspace Area,
Vandenberg AFB, CA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule, confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: This document confirms the effective date of the direct final
rule which establishes a Class E enroute domestic airspace area,
Vandenberg AFB, CA, to replace existing Class G uncontrolled airspace.
DATES: Effective Date: 0901 UTC June 8, 2006.
FOR FURTHER INFORMATION CONTACT: Francie Hope, Western Terminal
Operations Airspace Specialist, AWP-520.3, Federal Aviation
Administration, 15000 Aviation Boulevard, Lawndale, California 90261,
telephone (310) 725-6502.
SUPPLEMENTARY INFORMATION: The FAA published this direct final rule
with a request for comments in the Federal Register on March 7, 2006
(71 FR 11297). In addition, a correction to the direct final rule was
published in the Federal Register on March 24, 2006, changing the
effective date to June 8, 2006, to coincide with the IFR Enroute Low
Altitude charting date. The FAA uses the direct final rulemaking
procedure for a non-controversial rule where the FAA believes that
there will be no adverse public comment. This direct final rule advised
the public that no adverse comments were anticipated, and that unless a
written adverse comment, or written notice of intent to submit such an
adverse comment, were received within the comment period, the
regulation will become effective on June 8, 2006, as per the final rule
correction. No adverse comments were received, and thus this notice
confirms that this direct final rule will become effective on that
date.
Issued in Los Angeles, California, on April 12, 2006.
Tony DiBernardo,
Manager, Resource Management Branch, AWP-540, Western Terminal
Operations.
[FR Doc. 06-3948 Filed 4-26-06; 8:45 am]
BILLING CODE 4910-13-M | usgpo | 2024-10-08T14:08:32.902091 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3948.htm"
} |
FR | FR-2006-04-27/06-3983 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24812-24814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3983]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
RIN 0960-AG32
Filing of Applications and Requirements for Widow's and Widower's
Benefits
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising one of our regulations to clarify that we will
protect a title II claimant's filing date as of the date the claimant
or other proper applicant on the claimant's behalf completes and
transmits to the Social Security Administration (SSA) the Personal
Information Identification data on the Internet Social Security Benefit
Application (ISBA). This revision addresses an aspect of implementing
the ISBA to provide certain rights to Internet filers that we afford to
other filers.
In addition, we are correcting one word in a different title II
regulation. The revision is necessary to correctly reflect the
circumstances under which a claimant for widow's or widower's benefits
as the insured person's surviving divorced spouse would be considered
``unmarried.''
DATES: This final rule is effective on April 27, 2006.
FOR FURTHER INFORMATION CONTACT: Lola Doyle, Social Insurance
Specialist, Office of Income Security Programs, Mary Jayne Neubauer,
Social Insurance Specialist, Office of Income Security Programs or
Peter F. White, Social Insurance Specialist, Office of Income Security
Programs, Social Security Administration, 252 Altmeyer Building, 6401
Security Boulevard, Baltimore, MD 21235-6401, 410-965-5899 or TTY 1-
800-966-5609, for information about this Federal Register document. For
information on eligibility or filing for benefits, call our national
toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our
Internet site, Social Security Online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register on the Internet site for the
Government Printing Office at http://www.gpoaccess.gov/fr/index.html.
Background
Various sections of the Social Security Act (Act) and Sec. 404.603
of our regulations provide that filing an application with SSA is one
of the requirements for entitlement to Federal old-age, survivors and
disability insurance benefits. A valid application may only be signed
by a proper applicant as defined in our regulations. Section 404.612 of
our regulations specifies who may sign an application. If the claimant
becomes entitled to any past-due benefits, we pay the past-due benefits
in accordance with the Act based upon the filing date of the
application. We have long recognized, however, that an individual might
intend to file a claim for benefits but be unable to complete an
application immediately.
Accordingly, Sec. 404.630 of our regulations provides that any
proper applicant may establish an earlier ``protective'' filing date
based upon that individual's initial contact with us. If all of the
requirements for a protective filing are satisfied, we will establish
the date of the initial contact as the protective filing date of the
application. Among the requirements for preserving the protective
filing date, Sec. 404.630(c) provides that a proper applicant must
file a signed application with us within six months of the date we
notify the claimant or other person listed in Sec. 404.612 about the
need to file an application. This protective filing date prevents a
potential loss of any retroactive benefits.
Our regulations currently do not explain how we determine a
claimant's application filing date when a proper applicant intends to
file a benefit claim
[[Page 24813]]
and begins an Internet benefit application, but does not complete and
file a signed application until a later date. Currently, if a proper
applicant initially contacts us by telephone about filing an
application for benefits, our documentation of that contact may
constitute a protective filing in the event a completed application is
timely filed after the month of the initial contact. We have decided to
afford Internet filers protective filing dates like those we afford to
other filers, and are revising our regulation to reflect this policy.
Under this final rule, we explain that we will use the date that we
receive the Personal Identification Information data on the ISBA
(usually the date that the proper applicant starts the ISBA) as a
protective filing date. This could prevent a loss of benefits if a
valid application is timely filed after the month of the initial
Internet session. The Social Security Web site address for Internet
filers is: http://www.socialsecurity.gov.
On a separate matter, the regulation at Sec. 404.336(e)(3)
implements sections 202(e)(3) and 202(f)(3) of the Act. These statutory
provisions explain when we must deem a claimant to be unmarried for the
purpose of entitlement to widow's or widower's benefits as the insured
surviving divorced spouse under sections 202(e)(1)(A) and 202(f)(1)(A)
of the Act. Due to a drafting error, the current regulation at Sec.
404.336(e)(3) incorrectly requires one of the statutorily mandated
criteria instead of both, as the statute requires. This error was
inadvertently introduced during a general rewriting of regulations in
2003, while the correct regulatory language was incorporated in Agency
regulations before that date. See 68 FR 4700, 4701 (January 30, 2003);
20 CFR 404.336(e)(3) (1986-2002). We are revising Sec. 404.336(e)(3)
to correct the word and state:
You are now at least age 50 but not yet age 60 and you meet both of
the conditions in paragraphs (e)(3)(i) and (ii) of this section.
The revised language will correctly reflect the underlying
statutory authority.
Explanation of Changes
We are revising Sec. 404.630(b) of our regulations by adding a
third sentence to state that we will treat the date that a claimant or
other proper applicant acting on the claimant's behalf completes and
transmits the Personal Identification Information data on the ISBA to
us as a protective filing under certain circumstances. This date will
be treated as a protective filing date provided that a completed
application is filed within six months after the date we notify the
claimant about the need to file an application and all other applicable
requirements are met. In addition, we are revising the second sentence
in Sec. 404.630(b). Because the first sentence of Sec. 404.630(b)
discusses who can sign a written statement, we will remove the word
``you'' from the second sentence to avoid potential confusion about the
meaning of the second sentence.
We are amending Sec. 404.336(e)(3) of our regulations because it
incorrectly states the conditions under which the insured person's
surviving divorced spouse is deemed ``unmarried'' for purposes of
entitlement to widow's or widower's benefits. Correcting the unintended
error will restore the regulation to its longstanding substantive
statement that reflects pertinent provisions of sections 202(e)(3) and
202(f)(3) of the Act. The change to Sec. 404.336(e)(3) will require
surviving divorced spouses to meet both of the conditions in paragraphs
(e)(3)(i) and (ii) of this section.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Act, 42 U.S.C. 902(a)(5), we
follow the Administrative Procedure Act (APA) rulemaking procedures
specified in 5 U.S.C. 553 in the development of regulations. The APA
provides exceptions to its notice and public comment procedures when an
agency finds that there is good cause for dispensing with such
procedures on the basis that they are impracticable, unnecessary, or
contrary to the public interest. We have determined that, under 5
U.S.C. 553(b)(B), good cause exists for dispensing with the notice and
public comment procedures for this rule. Good cause exists because this
final rule only makes minor clarifying and corrective regulatory
changes. We are clarifying in these rules that we are providing
Internet filers with protective filing dates like those we afford to
individuals who file by other methods so that the maximum potential
entitlement benefits may be paid upon any allowance of the claims. In
addition, we are correcting an inadvertent error in a longstanding
regulation to reflect non-discretionary aspects of the Social Security
Act. Seeking prior public comment for the conforming clarification or
the non-discretionary correction is unnecessary and would be contrary
to the public interest in the payment of potential benefits as
authorized by the Social Security Act. Accordingly, we are issuing
these changes to our regulations as a final rule.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of a substantive rule, provided for by 5
U.S.C. 553(d). As explained above, we are conforming our treatment of
application filing dates for Internet benefit filers with other benefit
filers. Also, as explained above, we are revising our rules on title II
benefits for widows and widowers to reflect current law. Without these
changes, our rules will not explain our uniform filing policies, will
not reflect current law, and thus may mislead the public. Therefore, we
find that it is in the public interest to make these rules effective
upon publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that the rule does not meet the criteria for a
significant regulatory action under Executive Order 12866, as amended
by Executive Order 13258. Thus, it was not reviewed by OMB.
Regulatory Flexibility Act
We certify that this rule does not have a significant economic
impact on a substantial number of small entities because it affects
only individuals. Thus, a regulatory flexibility analysis as provided
in the Regulatory Flexibility Act, as amended, is not required.
Paperwork Reduction Act
This rule imposes no additional reporting or recordkeeping
requirements that requires OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security-Disability Insurance; 96.002 Social Security-Retirement
Insurance; and 96.004 Social Security-Survivors Insurance.)
List of Subjects in 20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
Dated: April 19, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.
0
For the reasons set out in the preamble, subparts D and G of part 404
of chapter III of title 20 of the Code of Federal Regulations are
amended as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart D--[Amended]
0
1. The authority citation for subpart D of part 404 continues to read
as follows:
[[Page 24814]]
Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225,
228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402,
403(a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).
0
2. Section 404.336(e)(3) introductory text is revised to read as
follows:
Sec. 404.336 How do I become entitled to widow's or widower's
benefits as a surviving divorced spouse?
* * * * *
(e) * * *
(3) You are now at least age 50 but not yet age 60 and you meet
both of the conditions in paragraphs (e)(3)(i) and (ii) of this
section:
* * * * *
Subpart G--[Amended]
0
3. The authority citation for subpart G of part 404 continues to read
as follows:
Authority: Secs. 202(i), (j), (o), (p), and (r), 205(a),
216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act
(42 U.S.C. 402(i), (j), (o), (p), and (r), 405(a), 416(i)(2),
423(b), 428(a), and 902(a)(5)).
0
4. Amend Sec. 404.630(b) by revising the second sentence of paragraph
(b) and adding a third sentence to paragraph (b) to read as follows:
Sec. 404.630 Use of date of written statement as filing date.
* * * * *
(b) * * * If the claimant, the claimant's spouse, or a person
described in Sec. 404.612 telephones us and advises us of his or her
intent to file a claim but cannot file an application before the end of
the month, we will prepare and sign a written statement if it is
necessary to prevent the loss of benefits. If the claimant, the
claimant's spouse, or a person described in Sec. 404.612 contacts us
through the Internet by completing and transmitting the Personal
Identification Information data on the Internet Social Security Benefit
Application to us, we will use the date of the transmission as the
filing date if it is necessary to prevent the loss of benefits.
* * * * *
[FR Doc. 06-3983 Filed 4-26-06; 8:45 am]
BILLING CODE 4191-02-P | usgpo | 2024-10-08T14:08:32.919513 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3983.htm"
} |
FR | FR-2006-04-27/06-3953 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24814-24817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3953]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
New Animal Drugs for Use in Animal Feeds; Lasalocid and
Chlortetracycline
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule, technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Alpharma Inc. The NADA provides for use of approved
single-ingredient Type A medicated articles containing lasalocid and
chlortetracycline to formulate two-way, combination drug Type B and
Type C medicated feeds for pasture cattle and cattle fed in confinement
for slaughter.
DATES: This rule is effective April 27, 2006.
FOR FURTHER INFORMATION CONTACT: Eric S. Dubbin, Center for Veterinary
Medicine (HFV-126), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-827-0232, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: Alpharma Inc., One Executive Drive, Fort
Lee, NJ 07024, filed NADA 141-250 for use of BOVATEC (lasalocid sodium)
and AUREOMYCIN (chlortetracycline) Type A medicated articles to
formulate two-way, combination drug Type B and Type C medicated feeds
for pasture cattle and cattle fed in confinement for slaughter. The
NADA is approved as of March 31, 2006, and the regulations are amended
in Sec. Sec. 558.128 and 558.311 (21 CFR 558.128 and 558.311) to
reflect the approval. The basis of approval is discussed in the freedom
of information summary.
In addition, Sec. 558.128 is amended to reflect an approved
concentration for single-ingredient chlortetracycline Type C medicated
cattle feed which, in error, was omitted from the final rule announcing
its approval (67 FR 43248, June 27, 2002). Also, FDA has found that the
April 1, 2005, edition of parts 500 to 599 of title 21 of the Code of
Federal Regulations (CFR) does not accurately reflect several special
considerations regarding use for lasalocid. These special
considerations were inadvertently deleted as a publication error. At
this time, the regulations are being amended in Sec. 558.311 to
correct this error. Furthermore, Sec. 558.311 is amended to codify an
approved label statement warning against the use of medicated feeds
containing lasalocid in calves to be processed for veal. These actions
are being taken to improve the accuracy of the regulations.
In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
The agency has determined under 21 CFR 25.33(a)(2) that this action
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is
amended as follows:
PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS
0
1. The authority citation for 21 CFR part 558 continues to read as
follows:
Authority: 21 U.S.C. 360b, 371.
0
2. Amend Sec. 558.128 as follows:
0
a. In the table in paragraph (e)(4), redesignate paragraphs (e)(4)(v)
through (e)(4)(viii) as paragraphs (e)(4)(vi) through (e)(4)(ix);
0
b. In the table in paragraph (e)(4), add new paragraph (e)(4)(v) to
read as follows;
0
c. Redesignate paragraphs (e)(6)(viii) through (e)(6)(xiii) as
paragraphs (e)(6)(ix) through (e)(6)(xiv); and
0
d. Add new paragraph (e)(6)(viii).
The additions read as follows:
Sec. 558.128 Chlortetracycline.
* * * * *
(e) * * *
(4) * * *
[[Page 24815]]
----------------------------------------------------------------------------------------------------------------
Chlortetracycline amount Indications for use Limitations Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(v) 500 to 4,000 g/ton Calves, beef and nonlactating dairy Hand feed continuously for 046573.
cattle; treatment of bacterial not more than 5 days to
enteritis caused by E. coli and provide 10 mg/lb body
bacterial pneumonia caused by P. weight per day.
multocida organisms susceptible to
chlortetracycline.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(6) * * *
(viii) Lasalocid in accordance with Sec. 558.311.
* * * * *
0
3. In Sec. 558.311, add paragraphs (d)(5), (d)(6), and (d)(7); and in
the table in paragraph (e)(1) add paragraphs (xx) through (xxiii) to
read as follows:
Sec. 558.311 Lasalocid.
* * * * *
(d) * * *
(5) Required label statements:
(i) For liquid Type B feed (cattle and sheep): Mix thoroughly with
grain and/or roughage prior to feeding. Feeding undiluted, mixing
errors, or inadequate mixing (recirculation or agitation) may result in
an excess lasalocid concentration which could be fatal to cattle and
sheep. Do not allow horses or other equines access to Type A articles
or Type B feeds containing lasalocid as ingestion may be fatal. Safety
of lasalocid for use in unapproved species has not been established.
(ii) For Type A articles or Type B feeds (cattle and sheep):
Feeding undiluted or mixing errors may result in an excess lasalocid
concentration which could be fatal to cattle and sheep. Do not allow
horses or other equines access to Type A articles or Type B feeds
containing lasalocid as ingestion may be fatal. Safety of lasalocid for
use in unapproved species has not been established.
(iii) For Type A articles, Type B or Type C feeds (cattle): A
withdrawal period has not been established for this product in
preruminating calves. Do not use in calves to be processed for veal.
(6) Lasalocid Type A medicated articles containing lasalocid dried
fermentation residue are for use in cattle and sheep feed only.
(7) Each use in a free-choice Type C cattle feed as in paragraphs
(e)(1)(xii) and (e)(1)(xviii) of this section must be the subject of an
approved NADA or supplemental NADA as provided in Sec. 510.455 of this
chapter.
(e)(1) * * *
----------------------------------------------------------------------------------------------------------------
Lasalocid sodium
activity in Combination in Indications for use Limitations Sponsor
grams per ton grams per ton
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(xx) 10 to 30. Chlortetracycline 1. Cattle fed in confinement for Feed continuously in complete 046573
25 to 100. slaughter: For improved feed feed at a rate of 350 mg
efficiency; and for control of chlortetracycline and not less
bacterial pneumonia associated than 100 mg nor more than 360
with shipping fever complex mg of lasalocid sodium
caused by Pasteurella spp. activity per head per day.
susceptible to
chlortetracycline.
................. 2. Cattle under 700 pounds fed Feed continuously in complete 046573
in confinement for slaughter: feed at a rate of 350 mg
For improved feed efficiency; chlortetracycline and not less
and for control of active than 100 mg nor more than 360
infection of anaplasmosis mg of lasalocid sodium
caused by Anaplasma marginale activity per head per day.
susceptible to
chlortetracycline.
----------------------------------------------------------------------------------------------------------------
(xxi) 10 to 30. Chlortetracycline Cattle fed in confinement for Feed continuously in complete 046573
500 to 2000. slaughter: For improved feed feed for not more than 5 days
efficiency; and for treatment to provide 10 mg
of bacterial enteritis caused chlortetracycline per lb body
by E. coli and bacterial weight per day and not less
pneumonia caused by P. than 100 mg nor more than 360
multocida organisms susceptible mg of lasalocid sodium
to chlortetracycline. activity per head per day.
----------------------------------------------------------------------------------------------------------------
(xxii) 25 to 30. Chlortetracycline 1. Cattle fed in confinement for Feed continuously in complete 046573
25 to 42.2. slaughter: For increased rate feed at a rate of 350 mg
of weight gain and improved chlortetracycline and not less
feed efficiency; and for than 250 mg nor more than 360
control of bacterial pneumonia mg of lasalocid sodium
associated with shipping fever activity per head per day.
complex caused by Pasteurella
spp. susceptible to
chlortetracycline.
................. 2. Cattle under 700 pounds fed Feed continuously in complete 046573
in confinement for slaughter: feed at a rate of 350 mg
For increased rate of weight chlortetracycline and not less
gain and improved feed than 250 mg nor more than 360
efficiency; and for control of mg of lasalocid sodium
active infection of activity per head per day.
anaplasmosis caused by
Anaplasma marginale susceptible
to chlortetracycline.
----------------------------------------------------------------------------------------------------------------
[[Page 24816]]
(xxiii) 25 to Chlortetracycline Cattle fed in confinement for Feed continuously in complete 046573
30. 500 to 1200. slaughter: For increased rate feed for not more than 5 days
of weight gain and improved to provide 10 mg
feed efficiency; and for chlortetracycline per lb body
treatment of bacterial weight per day and not less
enteritis caused by E. coli and than 250 mg nor more than 360
bacterial pneumonia caused by mg of lasalocid sodium
P. multocida organisms activity per head per day.
susceptible to
chlortetracycline.
----------------------------------------------------------------------------------------------------------------
(xxiv) 30 to Chlortetracycline 1. Beef cattle under 700 pounds: Hand feed continuously at a 046573
181.8. 25 to 2800. For control of coccidiosis rate of 350 mg
caused by Eimeria bovis and E. chlortetracycline per head per
zuernii; and for control of day and 1 mg lasalocid per 2.2
active infection of lb body weight per day with a
anaplasmosis caused by maximum of 360 mg lasalocid
Anaplasma marginale susceptible per head per day.
to chlortetracycline.
................. 2. Beef cattle up to 800 pounds: Hand feed continuously at a 046573
For control of coccidiosis rate of 350 mg
caused by Eimeria bovis and E. chlortetracycline per head per
zuernii; and for control of day and 1 mg lasalocid per 2.2
bacterial pneumonia associated lb body weight per day with a
with shipping fever complex maximum of 360 mg lasalocid
caused by Pasteurella spp. per head per day.
susceptible to
chlortetracycline.
----------------------------------------------------------------------------------------------------------------
(xxv) 30 to Chlortetracycline Cattle up to 800 pounds: For Hand feed continuously for not 046573
181.8. 500 to 4000. control of coccidiosis caused more than 5 days to provide 10
by Eimeria bovis and E. mg chlortetracycline per lb
zuernii; and for treatment of body weight per day and 1 mg
bacterial enteritis caused by lasalocid per 2.2 lb body
E. coli and bacterial pneumonia weight per day with a maximum
caused by P. multocida of 360 mg lasalocid per head
organisms susceptible to per day.
chlortetracycline.
----------------------------------------------------------------------------------------------------------------
(xxvi) 30 to Chlortetracycline 1. Pasture cattle (slaughter, Hand feed continuously at a 046573
600. 25 to 700. stocker, feeder cattle, and rate of 350 mg
beef replacement heifers): for chlortetracycline and not less
increased rate of weight gain; than 60 mg or more than 300 mg
and for control of bacterial lasalocid per head daily in at
pneumonia associated with least 1 lb of feed. Intakes of
shipping fever complex caused lasalocid in excess of 200 mg/
by Pasteurella spp. susceptible head/day have not been shown
to chlortetracycline. to be more effective than 200
mg/head/day.
................. 2. Pasture cattle under 700 Hand feed continuously at a 046573
pounds (slaughter, stocker, rate of 350 mg
feeder cattle, and beef chlortetracycline and not less
replacement heifers): for than 60 mg or more than 300 mg
increased rate of weight gain; lasalocid per head daily in at
and for control of active least 1 lb of feed. Intakes of
infection of anaplasmosis lasalocid in excess of 200 mg/
caused by Anaplasma marginale head/day have not been shown
susceptible to to be more effective than 200
chlortetracycline. mg/head/day.
----------------------------------------------------------------------------------------------------------------
(xxvii) 30 to Chlortetracycline Pasture cattle over 700 pounds Hand feed continuously at a 046573
600. 25 to 1100. (slaughter, stocker, feeder rate of 0.5 mg
cattle, and beef replacement chlortetracycline per lb body
heifers): For increased rate of weight per day and not less
weight gain; and for control of than 60 mg or more than 300 mg
control of active infection of lasalocid per head daily in at
anaplasmosis caused by least 1 lb of feed. Intakes of
Anaplasma marginale susceptible lasalocid in excess of 200 mg/
to chlortetracycline. head/day have not been shown
to be more effective than 200
mg/head/day.
----------------------------------------------------------------------------------------------------------------
(xxiii) 30 to Chlortetracycline Pasture cattle (slaughter, Hand feed continuously for not 046573
600. 500 to 4000. stocker, feeder cattle, and more than 5 days to provide 10
dairy and beef replacement mg chlortetracycline per lb
heifers): For increased rate of body weight per day and not
weight gain; and for treatment less than 60 mg or more than
of bacterial enteritis caused 300 mg lasalocid per head
by E. coli and bacterial daily in at least 1 lb of
pneumonia caused by P. feed. Intakes of lasalocid in
multocida organisms susceptible excess of 200 mg/head/day have
to chlortetracycline. not been shown to be more
effective than 200 mg/head/
day.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 24817]]
* * * * *
Dated: April 17, 2006.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 06-3953 Filed 4-26-06; 8:45 am]
BILLING CODE 4160-01-S | usgpo | 2024-10-08T14:08:32.937236 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3953.htm"
} |
FR | FR-2006-04-27/06-3900 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24817-24819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3900]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9, 86 and 600
[FRL-8161-7]
OMB Approvals Under the Paperwork Reduction Act; Technical
Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
technical amendment amends the table that lists the Office of
Management and Budget (OMB) control numbers issued under the PRA for
Motor Vehicle Emission and Fuel Economy Compliance; Light Duty
Vehicles, Light Duty Trucks, and Highway Motorcycles.
DATES: Effective Date: This final rule is effective April 27, 2006.
The information collection requirements for part 86 published in
the Federal Register at 59 FR 16262, April 6, 1994, which apply to 1998
and later model year vehicles, have been approved by the Office of
Management and Budget and are effective April 27, 2006.
40 CFR 600.206-93, 600.207-93, 600.209-95, 600.307-95, and 600.510-
93, published at 59 FR 39638, August 3, 1994, containing information
requirements which have been approved by the Office of Management and
Budget, are effective April 27, 2006.
FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Certification and
Compliance Division, 2000 Traverwood Drive, Ann Arbor, MI 48103; (734)
214-4851; [email protected].
SUPPLEMENTARY INFORMATION: This rule does two things. First, EPA is
amending the table in 40 CFR part 9 of currently approved information
collection request (ICR) control numbers issued by OMB for various
regulations. The amendment updates the table to list those information
collection requirements approved by OMB on November 1, 2005, under
control number 2060-0104. The regulations affected by the amendments
are codified at 40 CFR parts 85 and 86. EPA will continue to present
OMB control numbers in a consolidated table format to be codified in 40
CFR part 9 of the Agency's regulations, and in each CFR volume
containing relevant EPA regulations. The table lists CFR citations with
reporting, recordkeeping, or other information collection requirements,
and the current OMB control numbers. This listing of the OMB control
numbers and their subsequent codification in the CFR satisfies the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
and OMB's implementing regulations at 5 CFR part 1320.
Second, the rule also makes conforming amendments to the affected
regulations by removing three sets of provisions in the Code of Federal
Regulations on related information collections that are no longer
applicable. The first of these provisions appears as a note at the end
of the table of contents to part 86 of the Code and states that
information collections in regulations appearing in the Federal
Register on April 6, 1994, have not been approved by OMB. The
referenced regulations implemented new onboard refueling vapor recovery
(ORVR) requirements. They are covered by OMB 2060-0104 and have been in
approved Information Collection Requests of EPA's 0783 series since
1995. The note has long been out of date and this amendment removes it.
Similarly, the second set of provisions is five notices appearing in
part 600 regarding information collections contained in regulations
appearing in the Federal Register on August 3, 1994. That rule modified
the fuel economy regulations to include alternative-fueled vehicles.
These regulations are covered by OMB 2060-0104 and have also been in
approved Information Collection Requests of EPA's 0783 series since
1995. Today's rule removes these notices as well. The removal of these
first two sets of provisions is accomplished by the language under the
Effective Date heading of today's rule. The effective date given under
that heading is the date of publication of today's rule. The
information collections themselves have long been approved by OMB, as
discussed above, are currently covered by OMB 2060-0104, and are listed
with the relevant CFR citations in part 9. The third provision is 40
CFR part 86, subpart AA. Section 86.2500 in subpart AA states that
``All reporting and recordkeeping requirements contained in part 86,
except for those requirements contained in subparts G and K, have been
approved by the Office of Management and Budget under control number
2060-0104.'' This provision was promulgated at 50 FR 10648 on March 15,
1985. Subparts G and K deal with Selective Enforcement Auditing of
light-duty vehicles and of heavy-duty engines, heavy-duty vehicles, and
light-duty trucks. The ICR for the March 15, 1985, rulemaking, ICR
0783.29, was approved without restrictions in August, 1985. Both the
light and heavy duty Selective Enforcement Audit information
collections were covered by OMB 2060-0064, until the heavy-duty portion
was incorporated into 2060-0287 with IRC 1684.06 and the light-duty
portion was incorporated into 2060-0104. Both of these control numbers
have current approvals and the list in part 9 is updated to reflect
this coverage of Selective Enforcement Audit collections. Today's rule
removes Subpart AA.
The ICRs covered by this rule were previously subject to public
notice and comment prior to OMB approval. Due to the technical nature
of the table and conforming amendments, EPA finds that further notice
and comment is unnecessary. As a result, EPA finds that there is ``good
cause'' under section 553(b)(B) of the Administrative Procedure Act, 5
U.S.C. 553(b)(B), to amend this table without prior notice and comment.
I. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O.
13045 as applying only to those regulatory actions that are based on
health or safety risks, such that the analysis required under section
5-501 of the Order has the potential to influence the regulation. This
rule is not subject
[[Page 24818]]
to E.O. 13045 because it does not establish an environmental standard
intended to mitigate health or safety risks.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of April 27, 2006.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Diesel,
Gasoline, Fees, Imports, Labeling, Motor vehicle pollution, Reporting
and recordkeeping requirements.
Dated: April 17, 2006.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
0
For the reasons set out in the preamble, 40 CFR parts 9 and 86 are
amended as follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
0
2. In Sec. 9.1 the table is amended as follows:
0
a. Under the heading ``Control of Air Pollution From Motor Vehicles and
Motor Vehicle Engines'' by:
0
i. Removing the entry for ``85.2112-85.2123'';
0
ii. Revising entries for ``85.1504'', ``85.1505'', ``85.1507'',
``85.1508'', ``85.1509'', ``85.1511'', ``85.1512'', ``85.1514'' ,
``85.2114'' and ``85.2115''; and
0
iii. Adding entries in numerical order for ``85.1710'', ``85.1808'',
``85.2110'', ``85.2116'', ``85.2117'', ``85.2118'', ``85.2119'',
``85.2120'', ``85.2123'', and ``85.2401-85.2409''.
0
b. Under the heading ``Control of Emissions From New and In-Use Highway
Vehicles and Engines'' by:
0
i. Removing the entry for ``86.2500'' and ``86.449-2006'';
0
ii. Revising the entries for ``86.446-2006'', ``86.447-2006'', 86.448-
2006'', ``86.603-88'', ``86.605-88'', ``86.606-84'', ``86.608-88'',
``86.608-90'', ``86.609-84'', ``86.612-84'', ``86.614-84'', ``86.1003-
90'' , ``86.1003-97'', ``86.1003-2001'', ``86.1004-84'', ``86.1005-
90'', ``86.1006-84'', ``86.1007-84'', ``86.1008-90'', ``86.1008-96'',
``86.1009-84'', ``86.1009-96'', ``86.1009-2001'', ``86.1012-84'',
``86.1012-97'', ``86.1014-84'', ``86.1015-87'', ``86.1708'',
``86.1709'', ``86.1710'', ``86.1713'', ``86.1714'', ``86.1717'',
``86.1724'', ``86.1725'', ``86.1726'', ``86.1728'', ``86.1735'',
``86.1770'', ``86.1771'', ``86.1776'', ``86.1777'', and ``86.1778'';
and
0
iii. Adding an entry in numerical order for ``86.445-2006'' and
``86.449'' to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Control of Air Pollution From Motor Vehicles and Motor Vehicle Engines
------------------------------------------------------------------------
* * * * *
85.1504.................................................... 2060-0095
85.1505.................................................... 2060-0095
85.1507.................................................... 2060-0095
85.1508.................................................... 2060-0095
85.1509.................................................... 2060-0095
85.1511.................................................... 2060-0095
85.1512.................................................... 2060-0095
85.1514.................................................... 2060-0095
* * * * *
85.1710.................................................... 2060-0104
* * * * *
85.1808.................................................... 2060-0104
* * * * *
85.2110.................................................... 2060-0104
85.2114.................................................... 2060-0060
85.2115.................................................... 2060-0060
85.2116.................................................... 2060-0060
85.2117.................................................... 2060-0060
85.2118.................................................... 2060-0060
85.2119.................................................... 2060-0060
85.2120.................................................... 2060-0060
85.2123.................................................... 2060-0104
* * * * *
85.2401-85.2409............................................ 2060-0104,
2060-0545
------------------------------------------------------------------------
Control of Emissions From New and In-Use Highway Vehicles and Engines
------------------------------------------------------------------------
* * * * *
86.445-2006................................................ 2060-0104
86.446-2006................................................ 2060-0104
86.447-2006................................................ 2060-0104
86.448-2006................................................ 2060-0104
86.449..................................................... 2060-0104
* * * * *
86.603-88.................................................. 2060-0104
* * * * *
86.605-88.................................................. 2060-0104
* * * * *
86.606-84.................................................. 2060-0104
* * * * *
86.608-88.................................................. 2060-0104
86.608-90.................................................. 2060-0104
* * * * *
86.609-84.................................................. 2060-0104
* * * * *
86.612-84.................................................. 2060-0104
* * * * *
86.614.84.................................................. 2060-0104
* * * * *
86.1003-90................................................. 2060-0104,
2060-0287
86.1003-97................................................. 2060-0104,
2060-0287
86.1003-2001............................................... 2060-0104,
2060-0287
86.1004-84................................................. 2060-0104,
2060-0287
86.1005-90................................................. 2060-0104,
2060-0287
86.1006-84................................................. 2060-0104,
2060-0287
86.1007-84................................................. 2060-0104,
2060-0287
86.1008-90................................................. 2060-0104,
2060-0287
86.1008-96................................................. 2060-0104,
2060-0287
[[Page 24819]]
86.1009-84................................................. 2060-0104,
2060-0287
86.1009-96................................................. 2060-0104,
2060-0287
86.1009-2001............................................... 2060-0104,
2060-0287
86.1012-84................................................. 2060-0104,
2060-0287
86.1012-97................................................. 2060-0104,
2060-0287
86.1014-84................................................. 2060-0104,
2060-0287
86.1015-87................................................. 2060-0104,
2060-0287
* * * * *
86.1708.................................................... 2060-0104
86.1709.................................................... 2060-0104
86.1710.................................................... 2060-0104
* * * * *
86.1713.................................................... 2060-0104
86.1714.................................................... 2060-0104
86.1717.................................................... 2060-0104
* * * * *
86.1724.................................................... 2060-0104
86.1725.................................................... 2060-0104
86.1726.................................................... 2060-0104
86.1728.................................................... 2060-0104
* * * * *
86.1735.................................................... 2060-0104
86.1770.................................................... 2060-0104
86.1771.................................................... 2060-0104
86.1776.................................................... 2060-0104
86.1777.................................................... 2060-0104
86.1778.................................................... 2060-0104
* * * * *
------------------------------------------------------------------------
PART 86--[AMENDED]
0
3. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart AA--[Removed]
0
4. Subpart AA is removed.
[FR Doc. 06-3900 Filed 4-26-06; 8:45 am]
BILLING CODE 6560-50-P | usgpo | 2024-10-08T14:08:32.961765 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3900.htm"
} |
FR | FR-2006-04-27/06-4006 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24820-24824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4006]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Proposed Rules
[[Page 24820]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Docket Number TM-06-06-PR]
RIN 0581-AC60
National Organic Program--Revisions to Livestock Standards Based
on Court Order (Harvey v. Johanns) and 2005 Amendment to the Organic
Foods Production Act of 1990 (OFPA)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule amends the National Organic Program (NOP)
regulations to comply with the final judgment in the case of Harvey v.
Johanns (Harvey) issued on June 9, 2005, by the U.S. District Court,
District of Maine, and to address the November 10, 2005, amendment made
to the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq., the
OFPA), concerning the transition of dairy livestock into organic
production.
Further, this proposed rule amends the NOP regulations to clarify
that only nonorganically produced agricultural products listed in the
NOP regulations may be used as ingredients in or on processed products
labeled as ``organic'' or ``made with organic (specified ingredients or
food group(s)).'' In accordance with the final judgment in Harvey, the
revision emphasizes that only the nonorganically produced agricultural
ingredients listed in the NOP regulations can be used in accordance
with any specified restrictions and when the product is not
commercially available in organic form.
To comply with the court order in Harvey, USDA is required to
publish final revisions to the NOP regulations within 360 days of the
court order, or by June 4, 2006.
Accordingly, this proposed rule amends the NOP regulations to
eliminate the use of up to 20 percent nonorganically produced feed
during the first 9 months of the conversion of a whole dairy herd from
conventional to organic production. This proposed rule also addresses
the amendment made to the OFPA concerning the transition of dairy
livestock into organic production by allowing crops and forage from
land included in the organic system plan of a dairy farm that is in the
third year of organic management to be consumed by the dairy animals of
the farm during the 12-month period immediately prior to the sale of
organic milk and milk products.
DATES: Comments on this proposed rule must be submitted on or before
May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Mark Bradley, Associate Deputy
Administrator, Transportation & Marketing Programs, National Organic
Program, 1400 Independence Ave., SW., Room 4008--So., Ag Stop 0268,
Washington, DC 20250. Telephone: (202) 720-3252; Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
In 1990, Congress passed the OFPA, which required the U.S.
Department of Agriculture (USDA) to develop national standards for
organically produced agricultural products to assure consumers that
agricultural products marketed as organic meet consistent, uniform
standards. Based on the requirements of the OFPA, USDA established the
National Organic Program (NOP) to develop national organic standards,
including a National List of substances approved for and prohibited
from use in organic production and handling, that would require
agricultural products labeled as organic to originate from farms or
handling operations certified by a State or private entity that has
been accredited by USDA. On December 21, 2000 USDA published the final
rule for the NOP in the Federal Register (7 CFR part 205). On October
21, 2002, the NOP regulations became fully implemented by USDA as the
uniform standard of production and handling for organic agricultural
products in the United States.
In October 2003, Arthur Harvey filed a complaint under the
Administrative Procedure Act in the U.S. District Court, District of
Maine. Mr. Harvey alleged that several subsections of the NOP
regulations violated OFPA, were arbitrary, and not in accordance with
law.
On January 26, 2005, the U.S. Court of Appeals for the First
Circuit issued a decision in the case. The court upheld the NOP
regulations in general, but remanded the case to the U.S. District
Court, District of Maine, for, among other things, the entry of a
declaratory judgment that stated 7 CFR 205.606 does not establish a
blanket exemption to the National List requirements specified in 7
U.S.C. 6517, permitting the use of nonorganic agricultural products in
or on processed organic products when their organic form is not
commercially available. The district court ordered the Secretary to
make publicly known within 30 days--through notice in the Federal
Register to all certifying agents and interested parties--that 7 CFR
205.606 shall be interpreted to permit only the use of a nonorganically
produced agricultural product that has been listed in 7 CFR 205.606
pursuant to National List procedures, and when a certifying agent has
determined that the organic form of the agricultural product is not
commercially available. USDA complied with this order on July 1, 2005
(70 FR 38090).
The court also ruled in favor of Mr. Harvey with respect to 7 CFR
205.605(b) of the NOP regulations, concerning the use of synthetic
substances in or on processed products which contain a minimum of 95
percent organic content and are eligible to bear the USDA seal (7 CFR
205.605(b)). The court found Sec. 205.605(b) contrary to the OFPA and
in excess of the Secretary's rulemaking authority.
In addition, the court found in favor of Mr. Harvey with respect to
7 CFR 205.236(a)(2)(i) of the NOP regulations. This section creates an
exception to the general requirements for the conversion of whole dairy
herds to organic production. The court found the provisions at 7 CFR
205.236(a)(2)(i) contrary to the OFPA and in excess of the Secretary's
rulemaking authority.
On June 9, 2005, the district court issued its final judgment and
order in the case. A copy of the final judgment and order may be found
at https://www.ams.usda.gov/nop.
Congressional Amendment to the OFPA
After the court issued its final judgment and order, Congress
amended
[[Page 24821]]
the OFPA. On November 10, 2005, Congress amended the OFPA by permitting
the addition of synthetic substances appearing on the National List for
use in products labeled ``organic.'' The amendment restores the NOP
regulation for organic processed products containing at least 95
percent organic ingredients on the National List and their ability to
carry the USDA seal. Therefore, USDA will not have to revise the NOP
regulations to prohibit the use of synthetic ingredients in processed
products labeled as organic nor restrict these products' eligibility to
carry the USDA seal.
Congress also amended the OFPA to allow a special provision for
transitioning dairy livestock to organic production. The NOP
regulations currently provide that when an entire, distinct herd is
converted to organic production, the producer may, for the first 9
months of the year, provide a minimum of 80-percent feed that is either
organic or raised from land included in the organic system plan and
managed in compliance with organic crop requirements. The circuit court
found these provisions to be contrary to the OFPA and in excess of the
Secretary's rulemaking authority.
In the amendments to OFPA, Congress provided a new provision to
allow crops and forage from land included in the organic system plan of
a farm that is in the third year of organic management to be consumed
by the dairy animals of the farm during the 12-month period immediately
prior to the sale of organic milk and milk products. USDA is proposing
to revise Sec. 205.236(a)(2) to reflect this amendment to the OFPA in
this rulemaking.
II. Overview of Amendments
The following provides an overview of the amendments to designated
sections of the NOP regulations, based on the order of the U.S.
District Court, District of Maine and a Congressional amendment to the
OFPA: Origin of Livestock (section 205.236).
The circuit court declared that 7 CFR 205.236(a)(2)(i) is contrary
to the OFPA and in excess of the Secretary's rulemaking authority. 7
CFR 205.236(a)(2)(i) and (ii) provide that ``When an entire, distinct
herd is converted to organic production, the producer may: (i) For the
first 9 months of the year, provide a minimum of 80-percent feed that
is either organic or raised from land included in the organic system
plan and managed in compliance with organic crop requirements; and (ii)
Provide feed in compliance with Sec. 205.237 for the final 3 months.''
The circuit court pointed to the OFPA requirement that dairy
animals be fed 100 percent organic feed for twelve full months prior to
the sale of their products as organic and stated that the OFPA does not
authorize the Secretary to create an exception permitting a more
lenient phased conversion process for dairy animals. On remand, the
district court ordered the Secretary to revise the NOP regulations
accordingly.
On November 10, 2005, Congress amended the dairy livestock
provisions in the OFPA to provide a more lenient conversion process for
dairy animals. Specifically, the amended OFPA language regarding dairy
livestock transition reads that ``Crops and forage from land included
in the organic system plan of a dairy farm that is in the third year of
organic management to be consumed by the dairy animals of the farm
during the 12-month period immediately prior to the sale of organic
milk and milk products'' (7 U.S.C. 6509(e)(2)(B)).
Therefore, taking the court judgment and order in consideration
with the OFPA amendment for dairy livestock transition, this proposed
rule revises 7 CFR 205.236(a)(2) to read: ``Milk or milk products must
be from animals that have been under continuous organic management
beginning no later than 1 year prior to the production of the milk or
milk products that are to be sold, labeled, or represented as organic,
Except, That, crops and forage from land included in the organic system
plan of a dairy farm that is in the third year of organic management
may be consumed by the dairy animals of the farm during the 12-month
period immediately prior to the sale of organic milk and milk
products.'' Subparagraph Sec. 205.236(a)(2)(iii) is renumbered
(a)(2)(i). This paragraph was not addressed by the Harvey final
judgment and order or by the subsequent statutory amendments, and thus
the application of this subparagraph to dairy herd conversion remains
unchanged.
Nonorganically produced agricultural products allowed as
ingredients in or on processed products labeled as organic or made with
organic ingredients (section 205.606).
In the final judgment, the district court ordered the Secretary to
declare that 7 CFR 205.606 shall not be interpreted to create a blanket
exemption to the National List requirements specified in 7 U.S.C. 6517,
permitting the use of nonorganic agricultural products in or on
processed organic products when their organic form is not commercially
available. The court further ordered the Secretary to declare that 7
CFR 205.606 shall be interpreted to permit only the use of a
nonorganically produced agricultural product that has been listed in
Sec. 205.606 pursuant to National List procedures, and when a
certifying agent has determined that the organic form of the
agricultural product is not commercially available.
Consistent with the court's final judgment, this proposed rule
revises 7 CFR 205.606 to clarify that the section shall be interpreted
to permit the use of a nonorganically produced agricultural product
only when the product has been listed in Sec. 205.606 pursuant to
National List procedures, and when an accredited certifying agent has
determined that the organic form of the agricultural product is not
commercially available. The revised section now reads: ``Only the
following nonorganically produced agricultural products may be used as
ingredients in or on processed products labeled as `organic' or `made
with organic (specified ingredients or food group(s)),' only in
accordance with any restrictions specified in this section, and only
when the product is not commercially available in organic form:
cornstarch (native); gums--water extracted only (arabic, guar, locust
bean, carob bean); kelp--for use only as a thickener and dietary
supplement; lecithin--unbleached; pectin (high-methoxy).''
III. Related Documents
Documents related to this proposed rule include the OFPA, as
amended, (7 U.S.C. 6501 et seq.), its implementing regulations (7 CFR
part 205), and a Federal Register notice publishing the final judgment
and order in the case of Harvey v. Johanns (70 FR 38090).
A. Executive Order 12866
This action has been determined non significant for purposes of
Executive Order 12866, and therefore, does not have to be reviewed by
the Office of Management and Budget.
B. Executive Order 12988
Executive Order 12988 instructs each executive agency to adhere to
certain requirements in the development of new and revised regulations
in order to avoid unduly burdening the court system. This proposed rule
is not intended to have a retroactive effect.
States and local jurisdictions are preempted under section 2115 of
the OFPA (7 U.S.C. 6514) from creating programs of accreditation for
private persons or State officials who want to become certifying agents
of organic farms or handling operations. A
[[Page 24822]]
governing State official would have to apply to USDA to be accredited
as a certifying agent, as described in section 2115(b) of the OFPA (7
U.S.C. 6514(b)). States are also preempted under section 2104 through
2108 of the OFPA (7 U.S.C. 6503 through 6507) from creating
certification programs to certify organic farms or handling operations
unless the State programs have been submitted to, and approved by, the
Secretary as meeting the requirements of the OFPA.
Pursuant to section 2108(b)(2) of the OFPA (7 U.S.C. 6507(b)(2)), a
State organic certification program may contain additional requirements
for the production and handling of organically produced agricultural
products that are produced in the State and for the certification of
organic farm and handling operations located within the State under
certain circumstances. Such additional requirements must: (a) Further
the purposes of the OFPA, (b) not be inconsistent with the OFPA, (c)
not be discriminatory toward agricultural commodities organically
produced in other States, and (d) not be effective until approved by
the Secretary.
Pursuant to section 2120(f) of the OFPA (7 U.S.C. 6519(f)), this
proposed rule would not alter the authority of the Secretary under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspections Act (21 U.S.C. 451 et seq.), or the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.), concerning meat, poultry, and
egg products, nor any of the authorities of the Secretary of Health and
Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C.
301 et seq.), nor the authority of the Administrator of the
Environmental Protection Agency (EPA) under the Federal Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.).
Section 2121 of the OFPA (7 U.S.C. 6520) provides for the Secretary
to establish an expedited administrative appeals procedure under which
persons may appeal an action of the Secretary, the applicable governing
State official, or a certifying agent under this title that adversely
affects such person or is inconsistent with the organic certification
program established under this title. The OFPA also provides that the
U.S. District Court for the district in which a person is located has
jurisdiction to review the Secretary's decision.
C. Regulatory Flexibility Act and Paperwork Reduction Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
requires agencies to consider the economic impact of each rule on small
entities and evaluate alternatives that would accomplish the objectives
of the rule without unduly burdening small entities or erecting
barriers that would restrict their ability to compete in the market.
The purpose is to fit regulatory actions to the scale of businesses
subject to the action. Section 605 of the RFA allows an agency to
certify a rule, in lieu of preparing an analysis, if the rulemaking is
not expected to have a significant economic impact on a substantial
number of small entities.
Pursuant to the requirements set forth in the RFA, the Agricultural
Marketing Service (AMS) performed an economic impact analysis on small
entities in the final rule published in the Federal Register on
December 21, 2000 (65 FR 80548). AMS has also considered the economic
impact of this action on small entities and has determined that this
proposed rule would have an impact on a substantial number of small
entities.
Small agricultural service firms, which include producers,
handlers, and accredited certifying agents, have been defined by the
Small Business Administration (SBA) (13 CFR 121.201) as those having
annual receipts of less than $6,500,000 and small agricultural
producers are defined as those having annual receipts of less than
$750,000. This proposed rule would have an impact on a substantial
number of small entities.
The U.S. organic industry at the end of 2001 included nearly 6,949
certified organic crop and livestock operations. These operations
reported certified acreage totaling just over 2 million acres of
organic farm production. Data on the numbers of certified organic
handling operations (any operation that transforms raw product into
processed products using organic ingredients) were not available at the
time of survey in 2001; but they were estimated to be in the thousands.
Based on 2003 data, certified organic acreage had increased to 2.2
million acres. By the end of 2004, the number of certified organic
crop, livestock, and handling operations totaled nearly 11,400
operations, based on reports by certifying agents to NOP as part of
their annual reporting requirements. AMS believes that most of these
entities would be considered small entities under the criteria
established by the SBA.
U.S. sales of organic food and beverages have grown from $1 billion
in 1990 to an estimated $12.2 billion in 2004. Organic food sales are
projected to reach nearly $15 billion for 2005. The organic industry is
viewed as the fastest growing sector of agriculture, representing 2
percent of overall food and beverage sales. Since 1990, organic retail
sales have historically demonstrated a growth rate between 20 to 24
percent each year. This growth rate is projected to decline and fall to
a rate of 5 to 10 percent in the future.
In addition, USDA has accredited 96 certifying agents who have
applied to USDA to be accredited in order to provide certification
services to producers and handlers. A complete list of names and
addresses of accredited certifying agents may be found on the AMS NOP
Web site, at http://www.ams.usda.gov/nop. AMS believes that most of
these entities would be considered small entities under the criteria
established by the SBA.
Impact of Lawsuit and Congressional Amendment on Dairy
The loss of the 80-20 feed exception can be measured depending on
various feed costs, for average farm sizes, and for the sector as a
whole using 2003 estimates of the number of certified dairy livestock
in the United States--the latest year for which numbers are
available.\1\ Generally, for organic dairy operations, feed and labor
are the most significant cost components, comprising upwards of 50
percent of the total variable costs of the operation.\2\ Organic feed
is significantly more expensive than conventional feed, and various
quotes for organic feed run as high as double the cost of conventional
or nonorganic feed rations. According to one study, higher feed cost
was the largest and most important difference between organic and
nonorganic dairy production, with the additional expense of feeding
organic dairy costs being 54 percent of the price differential received
for organic milk.\3\ In this study, for a 48-cow organic herd,
purchased feed cost $1,003 per cow, or $298 per cow more than for a
conventional dairy operation. For the entire year, the average farm
spent approximately $49,000 for purchased organic feed for the 48-cow
herd in this study.
---------------------------------------------------------------------------
\1\ Greene, Catherine. Certified organic livestock, 2003,
numbers were obtained from the author on permission; forthcoming
from the Economic Research Service (ERS), U.S. Department of
Agriculture.
\2\ Dalton, Timothy J., Lisa A. Bragg, Rick Kersbergen, Robert
Parson, Glenn Rogers, Dennis Kauppila, Qingbin Wang. ``Cost and
Returns to Organic Dairy Farming in Maine and Vermont for 2004,''
University of Maine Department of Resource Economics and Policy
Staff Paper 555, November 23, 2005.
\3\ Ibid.
---------------------------------------------------------------------------
A rough estimate of the loss of the 80-20 feed exception can be
determined using this study's farm cost numbers. Using the estimated
per-cow feed numbers, if a dairy farmer had to switch
[[Page 24823]]
from using 80 percent organic feed to 100 percent organic feed, and
purchased all of the organic feed, the additional cost to the dairy
farmer is $27 per month, or about 2.7 percent higher than using the 80-
20 feed exception.
For the sector, based on Economic Research Service's (ERS) latest
estimate of approximately 74,435 certified dairy cows in 2003, the loss
of the 80-20 feed provision using the above cost estimates would amount
to around $2 million. But this assumes that: (1) All of the dairy cows
in the sector are converted to organic in the same year; (2) all farm
operators use the 80-20 feed provision in that same year; and (3) all
organic feed was purchased. Because it is unlikely that all operations
exercise these options, the $2 million estimated for the sector likely
overstates the total cost of the loss of the 80-20 feed provision. This
cost estimate more likely represents an upper bound estimate based on
this farm study's feed cost estimate, as if all dairy cows were
converted to organic at a single point in time under the above
assumptions.
Table 1.--Cost of Losing 80-20 Feed Provision
[Based on Vermont-Maine Dairy Study Cost Estimates]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Organic feed per cow........................ $1,003 per year or $84 per month.
Nonorganic feed per cow..................... $795 per year or $66 per month.
9 months: 20% nonorganic feed cost.......... (0.2)*($66)*(9) = $119.
80% organic feed costs.................. (0.8)*($84)*(9) = $605.
3 months: 100% organic feed................. (1.0)*($84)*(3) = $252.
-------------------------------------------------------------------
Total Feed Using 80-20.................. $976
12 months using organic feed only........... 12 months*$84/cow = $1,003.
Difference (loss) of 80-20, 48-cow herd..... 12 mo*$27/cow loss = $1,296.
----------------------------------------------------------------------------------------------------------------
Instead, an alternative estimate could be derived for a growing
industry that is adding new dairy cows to the industry. According to
ERS, in 2000, there were just over 38,000 certified dairy livestock,
increasing to nearly 49,000 by 2001, and 67,000 in 2002. With reports
of rising milk prices and shortages in the U.S. organic dairy market in
2005, continued growth in organic dairy livestock numbers could be
expected.
Therefore, an alternative estimate of the loss is to calculate the
number of dairy cows added to the sector each year and assume they were
all added to the sector by being converted using the 80-20 feed
transition provision. Using the ERS numbers above, between 2000 and
2001, 11,000 certified dairy cows were added. Another 18,000 cows were
added by 2002, and 7,435 in 2003. On average, 12,145 dairy cows were
added each year since 2000. Based on these numbers from ERS and the
additional cost of $27 per cow from the study above, using the 80-20
feed provision, the loss of the 80-20 provision would have cost dairy
farmers approximately $327,915 per year, or nearly $1 million over the
3-year period.
Different estimates were obtained from discussions with Western
state industry experts in dairy feed and nutrition, and budgets
developed by certifying agents who work with certified dairy
operations.\4\ These estimates resulted in higher costs due to the loss
of the 80-20 feed provision, of as much as $416 per cow annually, or
assuming an addition of approximately 12,000 cows per year to the
sector, a loss of nearly $5 million per year to the sector.
---------------------------------------------------------------------------
\4\ Information provided in conversations with Pacific
Nutrition-Consulting (PNC) based on USDA-ACA budgets for estimating
the cost of the transition year for dairy farmers using the 80-20
feed provision.
---------------------------------------------------------------------------
Depending on location, climate, size, and purchased feed, costs may
vary considerably. The west, for example, tends to be a feed-deficit
region where farmers purchase more feed and rely less on feed from on-
farm or nearby sources. The farther the distance a farmer has to go to
obtain feed, the more costly the feed will be, all other things being
equal, making it likely that costs would vary by region or climate.
With higher milk prices, more farmers might be attracted to enter
organic dairy farming. In the short run, this would add to pressure
(due to more competition) on feed supplies. With the loss of the 80-20
feed provision, this could drive up the cost of feed; in the short run,
therefore, there could be additional upward pressure on these cost
estimates.
Regardless, these additional costs would have to be absorbed
somewhere. They must either be passed forward to consumers in the form
of higher fluid milk and dairy product prices--already at high premiums
relative to conventional dairy product prices--or they would have to be
absorbed by farmers.
However, Congress did amend OFPA for transitioning dairy farmers,
by permitting such dairy farmers to graze dairy livestock on land being
converted to organic production during its 3rd year of transition.
Thus, the loss of the 80-20 feed exception is mitigated in part by the
action that Congress took. In effect, a farm transitioning its dairy
cows to organic could put its cows on that farm's pasture being
converted to organic and the milk from those cows would be organic at
the same time as crops being harvested from that land--at the end of
the third year that the land completed organic management.
Contrary to many reports since Congress amended the OFPA, this does
not mean that dairy cows can be fed prohibited substances or
genetically modified organisms (GMOs). The land on which the dairy cows
are being managed could not have any prohibited substances applied to
it for 3 years prior to crops being harvested from that land; if the
dairy cow grazes on that land, she is not consuming ``conventional''
feed. At the end of the 12 months of organic management on that land,
the milk from that dairy cow is analogous to the crops harvested from
that same field at the end of that third year--both are eligible to be
sold as organic, provided all other requirements of the regulations are
met.
Congress leveled the playing field for dairy farmers when they
amended OFPA in this area by removing any penalties that dairy farmers
faced with the so-called ``4th year''--``i.e., the additional
transition year that dairy cows underwent due to lactation cycles. And
Congress did not change the basic requirement of OFPA. Dairy cows must
be organically managed for at least 12 months; after these 12 months of
organic management, only her milk and milk products may be represented
as organic.
The status of the dairy cow is a different story. The dairy cow is
only organic if she was raised organically from the last third of the
mother's gestation. When a dairy cow is slaughtered, she cannot be sold
as
[[Page 24824]]
organic slaughter stock unless she was raised organically from the last
third of the mother's gestation, the same as other slaughter livestock
(except poultry, which must be raised organically beginning with the
second day of life). That remains the same in the NOP regulation.
In providing the transition language, entry in organic dairying may
become easier, which could ease current milk shortages in the organic
milk market at retail. Certainly it should help smaller dairy farmers
entering the organic industry who may be faced with having to purchase
higher priced organic feed, by allowing them to graze dairy livestock
on their land that is being transitioned to organic certification.
With respect to alternatives to this proposed rule, this proposed
rule merely implements language which Congress has enacted and complies
with the court's final judgment and order.
AMS is committed to compliance with the Government Paperwork
Elimination Act (GPEA), which requires Government agencies in general
to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule.
No additional collection or recordkeeping requirements are imposed
on the public by this proposed rule. Accordingly, OMB clearance is not
required by Sec. 350(h) of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501, et seq., or OMB's implementing regulation at 5 CFR part
1320.
D. General Notice of Public Rulemaking
This proposed rule reflects amendments made by Congress to the OFPA
that were passed on November 10, 2005 and a court final order that
requires USDA to publish final revisions to the NOP regulations within
360 days of the court order, by June 4, 2006. Accordingly, AMS believes
that a 15-day period for interested persons to comment on this rule is
appropriate.
List of Subjects in 7 CFR Part 205
Administrative practice and procedure, Agriculture, Animals,
Archives and records, Imports, Labeling, Organically produced products,
Plants, Reporting and recordkeeping requirements, Seals and insignia,
Soil conservation.
For the reasons set forth in the preamble, 7 CFR part 205, is
proposed to be amended as follows:
PART 205--NATIONAL ORGANIC PROGRAM
The authority citation for 7 CFR part 205 continues to read as
follows:
1. Authority: 7 U.S.C. 6501-6522.
2. Section 205.236(a)(2) is revised to read as follows:
Sec. 205.236 Origin of livestock.
(a) * * *
(2) Dairy animals. Milk or milk products must be from animals that
have been under continuous organic management beginning no later than 1
year prior to the production of the milk or milk products that are to
be sold, labeled, or represented as organic, Except, That, crops and
forage from land included in the organic system plan of a dairy farm
that is in the third year of organic management may be consumed by the
dairy animals of the farm during the 12-month period immediately prior
to the sale of organic milk and milk products;
(i) Once an entire, distinct herd has been converted to organic
production, all dairy animals shall be under organic management from
the last third of gestation.
(ii) [Reserved]
* * * * *
3. Section 205.606 is revised to read as follows:
Sec. 205.606 Nonorganically produced agricultural products allowed as
ingredients in or on processed products labeled as organic or made with
organic ingredients.
Only the following nonorganically produced agricultural products
may be used as ingredients in or on processed products labeled as
``organic'' or ``made with organic (specified ingredients or food
group(s)),'' only in accordance with any restrictions specified in this
section, and only when the product is not commercially available in
organic form.
(a) Cornstarch (native)
(b) Gums--water extracted only (arabic, guar, locust bean, carob
bean)
(c) Kelp--for use only as a thickener and dietary supplement
(d) Lecithin--unbleached
(e) Pectin (high-methoxy)
Dated: April 24, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-4006 Filed 4-25-06; 10:52 am]
BILLING CODE 3410-02-P | usgpo | 2024-10-08T14:08:32.978615 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-4006.htm"
} |
FR | FR-2006-04-27/E6-6355 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24824-24829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6355]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 76
RIN 1890-AA13
State-Administered Programs
AGENCY: Department of Education.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Secretary proposes to amend the regulations in 34 CFR part
76 governing State reporting requirements. States are required to
submit their performance reports, financial reports, and any other
required reports, in the manner prescribed by the Secretary, including
through electronic submission, if the Secretary has obtained approval
from the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA). The amendments proposed in this notice
would provide that: (1) Failure to submit these reports in the manner
prescribed by the Secretary constitutes a failure, under section 454 of
the General Education Provisions Act, 20 U.S.C. 1234c, to comply
substantially with a requirement of law applicable to the funds made
available under the program for which the reports are submitted; and
(2) if the Secretary chooses to require submission of information
electronically, the Secretary may establish a transition period during
which a State would not be required to submit such information
electronically in the format prescribed by the Secretary, if the State
meets certain requirements. The Secretary proposes these changes to the
regulations in 34 CFR part 76 to highlight that the U.S. Department of
Education (Department) may require, through the PRA clearance process,
that States report certain information electronically; and to establish
that the Department may take administrative action against a State for
failure to submit reports in the manner prescribed by the Secretary.
The proposed changes will facilitate the use of the Department's
electronic EDFacts data management system (EDFacts) (Approved under OMB
Control No. 1880-0541) for electronic submission of certain reports and
provide the Department with more timely and accessible data for
accountability and decision-making. The Department's goal in requiring
electronic submission of information is to reduce State reporting
burden significantly and to streamline dozens of data collections
currently required by the Department.
DATES: We must receive your comments on or before May 30, 2006.
ADDRESSES: Address all comments about these proposed regulations to
Bonny
[[Page 24825]]
Long, U.S. Department of Education, 400 Maryland Avenue, SW., room
7C110, Washington, DC 20202. If you prefer to send your comments
through the Internet, you may address them to us at the U.S. Government
Web site: http://www.regulations.gov or you may send your Internet
comments to us at the following address: [email protected].
You must include the term ``State Reporting/EDFacts Regulation'' in
the subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Bonny Long. Telephone: (202) 401-0325
or via Internet: [email protected].
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:
Invitation to Comment
We invite you to submit comments regarding these proposed
regulations. To ensure that your comments have maximum effect in
developing the final regulations, we urge you to identify clearly the
specific section or sections of the proposed regulations that each of
your comments addresses and to arrange your comments in the same order
as the proposed regulations. In particular, we invite specific comments
on the Department's approach to implementing these regulations in
regard to the following issues:
Whether the proposed two-year transition period discussed
in both the background section of this preamble and in Sec.
76.720(c)(3) is sufficient; and
Whether the Department's intent to require States to
submit data electronically through EDFacts beginning with the 2006-07
school year, discussed in the background section of this preamble, is
feasible and the effects of this action for States.
We also invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
regulations. Please let us know of any further opportunities we should
provide to reduce potential costs or increase potential benefits while
preserving the effective and efficient administration of the
Department's State-administered programs.
During and after the comment period, you may inspect all public
comments about these proposed regulations in room 7C110, 400 Maryland
Avenue, SW., Washington, DC, between the hours of 9 a.m. and 4 p.m.,
Eastern time, Monday through Friday of each week except Federal
holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
Background
Complete, accurate, and reliable data are essential for effective
decision-making and for implementing the requirements of the Nation's
education laws. The Department's ability to collect, store, and manage
education data efficiently through electronic means allows for easier
submission by States and reduces duplication of collections and burdens
on States. It also facilitates the efficient use of data for analysis
by program officials and other interested parties. Implementation of
the No Child Left Behind Act of 2001 (Pub. L. 107-110) (NCLB) requires
that educators have accurate and reliable data to assess the Nation's
progress in reaching the goal of ensuring that every child achieves
high academic standards. These data help educators know where they need
to focus their attention in order to improve the academic achievement
of all students.
In 2003, the Department launched the Performance-Based Data
Management Initiative (PBDMI) to design an elementary and secondary
education data collection system that would: (1) Increase the
analytical capabilities of Federal, State, and local governments in
their efforts to improve outcomes for students; (2) improve the
quality, timeliness, and accessibility of data; and (3) reduce State
reporting burden by streamlining data collections and eliminating
duplication in reporting. Through this initiative, the Department
developed the Education Data Exchange Network (EDEN), a central
repository and electronic data collection system for over 140 common
data elements on student achievement, school characteristics,
demographics, and program financial information. States have been
submitting data to EDEN voluntarily for the past two years. The
Department is now increasing the EDEN capabilities to include, in
addition to the Web-based interface that allows States to submit data
electronically into EDEN, a capability for States, Department staff,
and, eventually, the public, to query the database and independently
analyze the data, subject to all applicable privacy protections for
disclosing statistical data. To signal the increased capabilities of
the system, the Department is renaming EDEN and the expanded Web-based
interface ``EDFacts.'' Accordingly, unless otherwise noted, for
purposes of this preamble, the expanded system will be referred to as
``EDFacts.''
To date, submission of data through EDFacts has been voluntary and,
therefore, regardless of whether States have reported data through
EDFacts, they have been required to continue reporting data through
dozens of existing data collections required by Congress and
administered by the Department. These collections frequently request
duplicative data, including, in particular, data on student achievement
and school demographics. The Department has designed EDFacts to obtain
the most commonly collected data elements so that States need only
report these data once, through a centralized, electronic process. As
EDFacts is implemented completely, the Department will retire dozens of
separate data collections, either in full or in part, and reduce State
reporting burden significantly.
Nearly every State has submitted electronically some portion of the
data that it eventually will be required to submit to the Department
through EDFacts. However, EDFacts will only reach its full potential in
reducing duplicative State reporting burden and increasing the ability
of the Department and States to analyze and improve student achievement
if all States provide their data through the system.
Beginning with the data from the 2006-07 school year, the
Department intends to obtain approval, pursuant to the PRA, of an
information collection request that would require States to submit
electronically through EDFacts the program and demographic information
that States currently are required to report under separate and
overlapping collections. This data collection request will eliminate
the need for States to submit reports under current separate and
overlapping collection instruments because the Department intends to
discontinue any existing data collections that require submission of
data that will be subject to the EDFacts information collection
request.
[[Page 24826]]
EDFacts has the capability to collect data at the State, district,
and school levels and, for the 2006-2007 school year the Department
plans to require States to submit electronically those data, including
district and school level data, that States currently are required to
provide under existing data collections. The Department will continue
to work with States to collect the full range of data that can be
collected through EDFacts, including data that are not currently
subject to one of the Department's OMB-approved information collection
requests if eventually approved through future PRA information
collection requests. We plan to consolidate as many information
requests in EDFacts as possible because it provides the best
opportunity for efficient and effective data collection on key aspects
of student achievement and program performance. In this regard, States
will have the option to provide, through EDFacts, additional district-
and school-level data that they are not currently required to provide
under existing data collections. For example, when preparing other
documents to submit to the Department (e.g., a performance report), a
State and its subgrantees would be able to simply reference school- and
district-level data already submitted through EDFacts rather than
undertake the burden of reproducing the same data in multiple
documents. Once data are submitted to EDFacts, ED would be able to
prepopulate collection forms so that States would only have to provide
the data that does not overlap with the EDFacts data. In general, the
amount of burden reduction available to States would be correlated
directly with the amount of data they would provide through EDFacts. If
the voluntary submission of district- and school-level data to EDFacts
proves successful, the Department will consider expanding EDFacts
required reporting to cover those more detailed data elements.
Accordingly, the Department welcomes comments on a State's capacity
for, and interest in, electronic reporting of district- and school-
level data through EDFacts as an efficient means to centralize
reporting and reduce State paperwork burden.
Two ways the Department will reduce State burden and reporting
duplication in connection with EDFacts in the short term are as
follows:
(1) The Department plans to eliminate existing collections that
completely overlap with data required to be submitted through EDFacts.
For reporting 2005-06 school year data, the Department is piloting this
approach with four data collections for Individuals with Disabilities
Education Act (IDEA) programs. Under this pilot, States that submit
specified EDFacts data files that meet current program reporting
standards will be relieved of submitting those data through other
means.
(2) For existing collections that partially overlap with data
required to be submitted through EDFacts, the Department will pre-
populate those collections with the data that States submitted through
EDFacts so that States need not submit those data more than once. The
Department is piloting this approach with the Consolidated State
Performance Report (CSPR) (Approved under OMB Collection No. 1810-
0614), required under section 9303 of the Elementary and Secondary
Education Act of 1965, as amended by NCLB, for the 2004-05 school year
data. Under this pilot, States will access a CSPR Web page that is pre-
populated with the EDFacts data they already have submitted, decreasing
significantly the number of CSPR questions they must answer.
Both the Department and each State already have committed
significant resources to the Department's data management initiative;
the Department believes that requiring full participation in EDFacts,
while eliminating, either completely or partially, the majority of the
Department's existing annual elementary and secondary education data
collections, is the only way to ensure that those investments deliver
their intended benefits, including reducing State reporting burden.
As part of the Department's efforts to streamline its data
collection processes and elevate the importance of State compliance
with reporting requirements, the Department proposes to amend the
regulations in 34 CFR part 76. As more fully discussed in the
Significant Proposed Regulations section of this notice, the proposed
regulations in Sec. Sec. 76.720 and 76.722 would provide the
Department with enforcement capabilities that are not available under
the PRA alone. The proposed regulations emphasize the critical need for
accurate data reporting for the Department's programs, including those
authorized under ESEA, by making failure to report data under a program
administered by the Secretary, in a manner prescribed by the Secretary,
a failure to comply substantially with a requirement of law applicable
to the funds made available under that program. This standard comes
from section 454 of the General Education Provisions Act (20 U.S.C.
1234c) and gives the Secretary the authority to take administrative
action against a recipient that does not comply with a program
requirement.
Finally, in recognition of the fact that some States may not be
able to submit data electronically in the manner prescribed by the
Secretary, e.g., through EDFacts, the Department proposes to amend 34
CFR 76.720 to provide the Secretary with discretion to establish a
transition period of up to two years following the date a State
otherwise would be required to report the data in the electronic format
prescribed by the Secretary (i.e., two years following the first
reporting deadline established for the data collection through the PRA
process). During this period, a State would not be required to submit
reports in the electronic format prescribed by the Secretary if the
State meets certain requirements. However, the Secretary may require
the State to submit data in an alternative electronic format within the
State's current capacity. This provision would permit those States that
meet the requirements specified in proposed 34 CFR 76.720(c)(3)(i)
through (iii) with a transition period, not to exceed two years
following the reporting deadline for the data collection, to comply
with any requirement to submit reports electronically in the manner
prescribed by the Secretary. Regardless of whether a State has been
authorized a transition period, the Secretary appreciates that from
time to time a State may have temporary technical circumstances that
would prevent it from making timely submission of data to EDFacts. Such
a situation would not trigger the Secretary taking enforcement action
against a State.
Significant Proposed Regulations
Section 76.720 State Reporting Requirements
Current Sec. 76.720(a) states that Sec. 76.720 applies to State
reports required under 34 CFR 80.40 (Monitoring and reporting of
program performance) and 34 CFR 80.41 (Financial reporting).
Proposed Sec. 76.720(a) would clarify that Sec. 76.720 applies to
reports required under 34 CFR 80.40 and 34 CFR 80.41, as well as other
State reports that the Secretary requires under program statutes or
regulations if the reports are approved by OMB under the PRA. Pursuant
to the PRA, the Department must give interested parties an opportunity
to comment on, and must obtain OMB approval for, any data collection
that requests data from more than nine entities, unless the collection
meets one of the narrow exceptions to the PRA.
[[Page 24827]]
Proposed Sec. 76.720(b)(1) and (2) would not substantively change
current Sec. 76.720(b) and (c), which specify the frequency with which
States must submit reports to the Secretary.
Proposed Sec. 76.720(c)(1) would be added to Sec. 76.720 to
clarify that States must submit any reports required under Sec. 76.720
in the manner prescribed by the Secretary, including, if so prescribed,
through electronic submission. Proposed Sec. 76.720(c)(1) is necessary
because it states in very clear terms that States must comply with the
Secretary's requirements concerning the manner in which reports are
submitted to the Department. The Secretary establishes submission
requirements for Departmental data collection requests through the PRA
clearance process. The language in proposed Sec. 76.720(c)(1),
therefore, essentially states in a single regulatory provision that
States must comply with requirements established through the PRA
clearance process.
Proposed Sec. 76.720(c)(2) would be added to Sec. 76.720 to
provide that a State's failure to submit reports in the manner
prescribed by the Secretary (such as electronic submission) constitutes
a failure to comply substantially with a requirement of law applicable
to the funds made available under the program for which the reports are
submitted. Under section 454 of the General Education Provisions Act,
20 U.S.C. 1234c, if the Secretary has reason to believe that any
recipient of funds under an applicable program is failing to comply
substantially with any requirement of law applicable to those funds,
the Secretary may take administrative action to compel compliance.
Proposed Sec. 76.720(c)(2) is necessary because it establishes that
reporting requirements, such as electronic submission of reports, are
substantial requirements of law such that failure to comply with these
requirements would constitute a violation of section 454 of the General
Education Provisions Act (20 U.S.C. 1234c). The Department proposes
Sec. 76.720(c)(2) because failure of a recipient to comply with the
Department's reporting requirements, including submitting reports
electronically, harms the Federal interest in establishing what the
Department deems is an efficient and effective means of obtaining
accurate, reliable, and valid information on the performance of the
Department's programs and the success of States in meeting their goals
under such laws as NCLB. The Federal interest would be harmed because
States would not be using a system that was specifically designed to
reduce their burden and the Department would not be able to collect and
use data as efficiently and easily. In addition, the data would not be
in the form and of the quality necessary for the Department to assess
program effectiveness. Moreover, States that do not comply with the
Department's submission requirements would be using funds to submit
reports that do not meet the Department's needs for accurate, reliable,
and valid data.
Proposed Sec. 76.720(c)(3) would be added to Sec. 76.720 to
address difficulties that States may have in reporting data
electronically in a manner prescribed by the Secretary on the date
States otherwise would be required to report the data electronically.
Proposed Sec. 76.720(c)(3) would provide that the Secretary has the
discretion to establish a transition period of up to two years
following the date by which a State otherwise would be required to
report the data in the electronic manner prescribed by the Secretary.
During this transition period, a State would not be required to comply
with the electronic submission requirement as prescribed by the
Secretary, such as the requirement to submit electronic reports through
EDFacts, if the State submits the following to the Secretary: (a)
Evidence satisfactory to the Secretary that the State is unable to
comply with the electronic submission requirement specified by the
Secretary in the data collection instrument on the first date the State
otherwise would be required to report the data electronically; (b) any
information requested in the report through an alternative means that
is deemed acceptable to the Secretary, which may require submission in
an alternative electronic format that is better suited to a State's
current capacity; and (c) a plan showing how the State would come into
compliance with the electronic submission and data quality requirements
specified in the data collection instrument no later than two years
following the date by which the State otherwise would be required to
submit the data in the electronic manner prescribed by the Secretary.
The following example describes how this regulatory provision would
work.
Example: The Department obtains approval for a new data collection
instrument through the PRA process that would, for the first time,
require States to submit data in an electronic format prescribed by the
Secretary. The first date that States would be required to submit
reports in this electronic format would be November 1, 2007. A State
does not have the capacity to submit reports in the electronic format
prescribed by the Secretary by November 1, 2007. The State would submit
to the Secretary the following: (1) A request for a transition period,
that includes evidence that the State is not able to comply with the
electronic submission requirements; (2) the information requested in
the report in an alternative means that is acceptable to the Secretary;
and (3) a plan explaining the steps the State will take to submit the
report in the electronic format prescribed by the Secretary no later
than November 1, 2009.
The Department proposes Sec. 76.720(c)(3) because, while it
believes requiring electronic submission of reports ultimately will
help reduce State reporting burden and streamline the Department's data
management system, it recognizes that, at this time, States have
varying capabilities to report information through electronic means.
Therefore, with respect to EDFacts, the Department plans to use the
discretion established under proposed Sec. 76.720(c)(3) to allow
States that demonstrate that they do not have the capability to submit
reports as specified through EDFacts, a period of up to two years
following the dates the States otherwise would be required to report
data through EDFacts (i.e., until the reporting deadlines established
for the 2008-09 school year data through the PRA process) to phase in
their compliance with the reporting requirements. For those States, the
Department plans to accept the required data through alternative means
approved by the Department, which may include alternative electronic
submissions, if those States provide the Department with, and the
Department approves, a plan to submit the required reports through
EDFacts no later than the reporting deadlines established for the 2008-
09 school year reports through the PRA process.
With respect to proposed Sec. 76.720(c)(3), the Department is
particularly interested in receiving comment on: (a) Whether the
proposed two-year transition period to phase in the electronic
submission requirements prescribed by the Secretary for EDFacts is a
sufficient period of time for States that cannot comply with these
requirements to come into compliance; and (b) what kind of alternative
electronic collection format would most help States that cannot comply
with the requirement to submit reports electronically through EDFacts.
Section 76.722 Subgrantee Reporting Requirements
Current Sec. 76.722 allows States to require subgrantees to
furnish reports to the States that the States need to carry
[[Page 24828]]
out their obligations under the program for which the subgrantees
receive funds.
Proposed Sec. 76.722 would add language to Sec. 76.722 to allow
States to require subgrantees to submit, in the format and manner
designated by the States, any reports that the States need to comply
with the requirements under proposed Sec. 76.720 and to carry out
other responsibilities under the program. The proposed changes to
current Sec. 76.722 are intended to make it easier for States to
comply with the requirements under proposed Sec. 76.720 that the
States submit reports to the Department in the manner prescribed by the
Secretary.
Executive Order 12866
1. Potential Costs and Benefits
The Department has determined that these proposed regulations are a
significant regulatory action under Executive Order 12866 and OMB has
reviewed them. In accordance with the Executive Order, the Department
has also assessed the potential costs and benefits of this regulatory
action. The potential costs associated with the proposed regulations
are those resulting from statutory requirements and those we have
determined to be necessary for administering the Department's State-
administered programs effectively and efficiently. These regulations
are generally not expected to require undue additional State resources
because they do not require States to report more data than they
currently are required to report to the Department. However, a
potential new cost related to these regulations is the acquisition of
the necessary technology for those States that do not currently have
the capability to report information through electronic means. The
Department expects that most States currently have this technology and
that this cost would apply to very few (if any) States. For those
States to which the cost is applicable, the cost is likely to be
minimal.
The potential benefits of these proposed regulations have been
identified above, but briefly include: more timely and accessible data
for accountability and decision-making; reduced State reporting burden;
and, ultimately, improved implementation of the requirements of the
Nation's education laws.
In assessing the potential costs and benefits of this regulatory
action, we have determined that the benefits would justify the costs.
The potential costs and benefits of the Department's information
collection requests are identified in notices published in accordance
with the PRA.
2. Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum on ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Department could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. Because the regulation would affect only States and State
agencies, the regulations would not have an impact on small entities.
Paperwork Reduction Act of 1995
These proposed regulations do not contain any new information
collection requirements.
Intergovernmental Review
These proposed regulations affect State-administered programs of
the Department that are subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
Order is to foster an intergovernmental partnership and to strengthen
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of the Department's
specific plans and actions for these programs.
Assessment of Educational Impact
The Secretary requests comments on whether these proposed
regulations would require transmission of information that any other
agency or authority of the United States gathers or makes available.
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 this site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at the site listed above. 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 Number does not apply.)
List of Subjects in 34 CFR Part 76
Elementary and secondary education, Reporting and recordkeeping
requirements.
Dated: April 24, 2006.
Margaret Spellings,
Secretary of Education.
For the reasons discussed in the preamble, the Secretary proposes
to amend part 76 of title 34 of the Code of Federal Regulations as
follows:
PART 76--STATE-ADMINISTERED PROGRAMS
1. The authority citation for part 76 is revised to read as
follows:
Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.
2. Section 76.720 is revised to read as follows:
Sec. 76.720 State reporting requirements.
(a) This section applies to a State's reports required under 34 CFR
80.40 (Monitoring and reporting of program performance) and 34 CFR
80.41 (Financial reporting), and other reports required by the
Secretary and approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
(b) A State must submit these reports annually unless--
(1) The Secretary allows less frequent reporting; or
(2) The Secretary requires a State to report more frequently than
annually,
[[Page 24829]]
including reporting under 34 CFR 80.12 (Special grant or subgrant
conditions for ``high-risk'' grantees) or 34 CFR 80.20 (Standards for
financial management systems).
(c)(1) A State must submit these reports in the manner prescribed
by the Secretary, including submitting any of these reports
electronically and at the quality level specified in the data
collection instrument.
(2) Failure by a State to submit reports in accordance with
paragraph (c)(1) of this section constitutes a failure, under section
454 of the General Education Provisions Act, 20 U.S.C. 1234c, to comply
substantially with a requirement of law applicable to the funds made
available under that program.
(3) For reports that the Secretary requires to be submitted in an
electronic manner, the Secretary may establish a transition period of
up to two years following the date the State otherwise would be
required to report the data in the electronic manner, during which time
a State will not be required to comply with that specific electronic
submission requirement, if the State submits to the Secretary--
(i) Evidence satisfactory to the Secretary that the State will not
be able to comply with the electronic submission requirement specified
by the Secretary in the data collection instrument on the first date
the State otherwise would be required to report the data
electronically;
(ii) Information requested in the report through an alternative
means that is acceptable to the Secretary, such as through an
alternative electronic means; and
(iii) A plan for submitting the reports in the required electronic
manner and at the level of quality specified in the data collection
instrument no later than the date two years after the first date the
State otherwise would be required to report the data in the electronic
manner prescribed by the Secretary.
(Authority: 20 U.S.C. 1221e-3, 1231a, and 3474)
3. Section 76.722 is revised to read as follows:
Sec. 76.722 Subgrantee reporting requirements.
A State may require a subgrantee to submit reports in a manner and
format that assists the State in complying with the requirements under
34 CFR 76.720 and in carrying out other responsibilities under the
program.
(Authority: 20 U.S.C. 1221e-3, 1231a, and 3474)
[FR Doc. E6-6355 Filed 4-26-06; 8:45 am]
BILLING CODE 4000-01-P | usgpo | 2024-10-08T14:08:33.025959 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6355.htm"
} |
FR | FR-2006-04-27/E6-6186 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24829-24831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6186]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2006-2]
Electronic Payment of Royalties
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Copyright Office is proposing to amend its rules governing
the submission of royalty fees to the Copyright Office to require such
payments to be made by electronic funds transfer.
DATES: Written comments are due June 12, 2006. Reply comments are due
July 11, 2006.
ADDRESSES: If hand delivered by a private party, an original and five
copies of a comment or reply comment should be brought to Room LM-401
of the James Madison Memorial Building between 8:30 a.m. and 5 p.m. and
the envelope should be addressed as follows: Office of the General
Counsel, U.S. Copyright Office, James Madison Memorial Building, Room
LM-401, 101 Independence Avenue, SE, Washington, DC 20559-6000. If
delivered by a commercial courier, an original and five copies of a
comment or reply comment must be delivered to the Congressional Courier
Acceptance Site located at 2nd and D Streets, NE, between 8:30 a.m. and
4 p.m. The envelope should be addressed as follows: Office of the
General Counsel, Room LM-403, James Madison Memorial Building, 101
Independence Avenue, SE, Washington, DC. If sent by mail (including
overnight delivery using U.S. Postal Service Express Mail), an original
and five copies of a comment or reply comment should be addressed to
U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest
Station, Washington, DC 20024. Comments and reply comments may not be
delivered by means of overnight delivery services such as Federal
Express, United Parcel Service, etc., due to delays in processing
receipt of such deliveries.
FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Associate General
Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station,
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.
SUPPLEMENTARY INFORMATION: Cable systems and satellite carriers that
retransmit broadcast signals in accordance with the provisions
governing the statutory licenses set forth in sections 111 and 119 of
the Copyright Act, title 17 of the United States Code, respectively,
are required to pay royalty fees to the Copyright Office. The Copyright
Office also receives statutory fees from manufacturers and importers of
digital audio recording devices and media who distribute these products
in the United States. 17 U.S.C. chapter 10. Payments made under the
cable and satellite carrier statutory licenses are remitted
semiannually to the Copyright Office. Payments made under the Audio
Home Recording Act of 1992 are made quarterly. The Copyright Office
invests the royalties in United States Treasury securities pending
distribution of these funds to those copyright owners who are entitled
to receive a share of the fees.
The current Copyright Office regulations permit payment by three
different methods: electronic funds transfer (``EFT''), certified or
cashier's check, or money order. 37 CFR 201.11 (f), (g) and (h); 37 CFR
201.17 (i) and (j); and 37 CFR 201.28 (e). A mechanism for electronic
payments was added in 1991, since it was thought that use of electronic
payments would facilitate the process and lessen the administrative
burden on the Office and on the filer. See 56 FR 29588 (June 28, 1991).
An electronic payment option provides advantages to the payor and the
Copyright Office as the agency responsible for the collection and
distribution of the royalty fees. EFTs can be transmitted either as an
Automated Clearing House (``ACH'') credit or a Fedwire (``Wire'')
transaction depending upon how you arrange the transfer through your
financial institution, or as an ACH debit by using the U. S. Department
of the Treasury, Financial Management Service's web based remittance
system, Pay.gov. In an ACH credit, your financial institution sends the
remittance to the U. S. Treasury; whereas, in an ACH debit, you
authorize the U. S. Treasury to take the funds out of the account at
your financial institution.
Use of an electronic payment option offers specific advantages over
payment via a check or money order. First, the remitters gain more time
to transfer funds without fear of incurring interest assessments for
late payments. In the case of a Wire transaction, the remitter may make
a payment up until and including the due date (provided the financial
institution is open that day and is still processing wire transfers),
whereas an ACH transaction requires more time. It must be completed one
or two banking days before the due date to ensure interest for late
payments are not assessed. Second, electronic payments avoid the
problems associated with lost
[[Page 24830]]
checks or delays in processing mail. Third, copyright owners, the
ultimate recipients of the funds, accrue more interest on the funds
because the monies go directly to the Department of the Treasury
instead of being diverted to the Copyright Office for processing first.
And finally, the Copyright Office benefits from the use of the
electronic payment option because it lessens the Office's
administrative workload by reducing paperwork and related
administrative costs.
Currently, electronic funds transfers (EFTs) are used primarily by
the larger cable systems and account for more than 95% of the royalty
fees collected by the Office, whereas smaller systems tend to still
send checks through the mail. As a result, the Office still receives a
relatively high number of checks and other paper remittances for a
disproportionately small amount of the royalty fees. Consequently, the
Office is taking steps to increase further the number of payments made
by EFTs by amending its rules to require remitters to use an EFT when
making royalty fee payments.
In addition, the proposed rules would require that parties submit
specific identifying and linking information as part of the EFT and/or
as part of a ``remittance advice'' which will accompany the
Statement(s) of Account and be faxed or emailed to the Licensing
Division. This information would include: (1) the remitter's name and
address; (2) the name of a contact person, telephone number and
extension, and email address; (3) the actual or anticipated date that
the EFT will be transmitted; (4) the type of royalty payment (i.e.,
cable, satellite, or DART); (5) the total amount to be submitted via an
EFT; (6) the total amount to be paid by year and period; (7) the number
of statements of account that the EFT covers; (8) ID number(s) assigned
by the Licensing Division; (9) the legal name of the owner for each
Statement of Account; and (10) identification of the first community
served (city and state) (for cable systems only). The information to be
sent as part of the EFT and the information that needs to be included
in the remittance advice will be detailed in circulars issued by the
Copyright Office with respect to a specific type of EFT.
Frequently, with multiple filings and a single payment to cover
them all, Office staff find that an overpayment or underpayment of the
fee results after they have apportioned the fee to each statement based
on the amount indicated therein. The ``remittance advice'' form helps
avoid this type of problem by providing the Office with the information
needed to match the EFT with the appropriate Statements of Account.
Currently, the Office requests similar identifying and linking
information, but in many cases the information is wholly or partially
omitted. In these cases, Office staff must tediously search through the
bundles of statements of account submitted in an effort to match the
correct statements with a payment. Considerable efforts have been made
to contact remitters and advise them of these errors and omissions.
Failure to provide this information creates delays in processing and
undercuts the advantages gained by submitting an electronic payment.
Because of the burden imposed upon the Office in attempting to process
payments which lack sufficient identifying information, the proposed
rules would allow the Office to return any EFT which fails to properly
identify statements to which they relate and would require the remitter
to resubmit the EFT correctly. Should this occur, the remitter will
then be responsible for any assessed interest charge that accrues as a
result of a late payment.
Also, the rules would require that ``remittance advice''
information be included with the statements of account in order to
accurately identify what is submitted and how the fees are to be
allocated among the statements.
The Office is further amending its regulations to include a waiver
provision in cases where there may be circumstances which would make it
virtually impossible for a remitter to use the electronic payment
option or would work a financial or other hardship. Requests for a
waiver must include a statement setting forth the reasons why the
waiver should be granted and the statement must be signed by a duly
authorized representative of the entity making the payment, certifying
that the information provided is true and correct.
Regulatory Flexibility Act Statement
Although the Copyright Office, as a department of the Library of
Congress and part of the Legislative Branch, it is not an ``agency''
subject to the Regulatory Flexibility Act, 5 U.S.C. 601-612, the
Register of Copyrights has considered the effect of the proposed
amendment on small businesses. The Register has determined that the
amendments would not have a significant economic impact on a
substantial number of small businesses because they may request a
waiver from the requirement to submit payment via an electronic funds
transfer in the event compliance with the requirement would create a
financial or other hardship for the remitter.
List of Subjects in 37 CFR Part 201
Copyright.
Proposed Regulations
For the reasons set forth in the preamble, part 201 of title 37 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 201--GENERAL PROVISIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 17 U.S.C. 702.
2. Amend Sec. 201.11 to revise paragraph (f) to read as follows:
Sec. 201.11 Satellite carrier statements of account covering
statutory licenses for secondary transmissions.>
* * * * *
(f) Royalty fee payment. (1) All royalty fees shall be paid by a
single electronic funds transfer and payment must be received in the
designated bank by the filing deadline for the relevant accounting
period. The following information shall be provided as part of the EFT
and/or as part of the remittance advice as provided for in circulars
issued by the Copyright Office:
(i) Remitter's name and address;
(ii) Name of a contact person, telephone number and extension, and
email address;
(iii) The actual or anticipated date that the EFT will be
transmitted;
(iv) Type of royalty payment (i.e. satellite);
(v) Total amount submitted via the EFT;
(vi) Total amount to be paid by year and period;
(vii) Number of statements of account that the EFT covers;
(viii) ID numbers assigned by the Licensing Division;
(ix) Legal name of the owner for each Statement of Account.
(2) The remittance advice shall be attached to the Statement(s) of
Account. In addition, a copy of the remittance advice shall be emailed
or sent by facsimile to the Licensing Division.
(3) A remitter may request a waiver from the requirement for
payment by electronic funds transfer as set forth in paragraph (1) of
this section. To obtain a waiver, the remitter shall submit to the
Licensing Division at least 60 days prior to the royalty fee due date a
certified statement setting forth the reasons explaining why payment by
an electronic funds transfer would impose a financial or other hardship
on the remitter. The certification must be signed by a duly authorized
[[Page 24831]]
representative of the entity making the payment. A waiver shall cover
only a single payment period. Failure to obtain a waiver may result in
the remittance being returned to the remitter.
* * * * *
3. Amend Sec. 201.17 to revise paragraph (i)(1) to read as
follows:
Sec. 201.17 Statements of Account covering compulsory licenses for
secondary transmissions by cable systems.
* * * * *
(i) Royalty fee payment. (1) All royalty fees must be paid by a
single electronic funds transfer, and must be received in the
designated bank by the filing deadline for the relevant accounting
period. The following information must be provided as part of the EFT
and/or as part of the remittance advice as provided for in circulars
issued by the Copyright Office:
(i) Remitter's name and address;
(ii) Name of a contact person, telephone number and extension, and
email address;
(iii) The actual or anticipated date that the EFT will be
transmitted;
(iv) Type of royalty payment (i.e. cable);
(v) Total amount submitted via the EFT;
(vi) Total amount to be paid by year and period;
(vii) Number of statements of account that the EFT covers;
(viii) ID numbers assigned by the Licensing Division;
(ix) Legal name of the owner for each Statement of Account;
(x) Identification of the first community served (city and state).
(2) The remittance advice shall be attached to the Statement(s) of
Account. In addition, a copy of the remittance advice shall be emailed
or sent by facsimile to the Licensing Division.
(3) The Office may waive the requirement for payment by electronic
funds transfer as set forth in paragraph (1)(i) of this section. At
least 60 days prior to the royalty fee due date, the remitter shall
submit to the Licensing Division a certified statement setting forth
the reasons explaining why payment by an electronic funds transfer
would be virtually impossible or, alternatively, why it would impose a
financial or other hardship on the remitter. The statement must be
signed by a duly authorized representative of the entity making the
payment. A waiver shall cover only a single payment period. Failure to
obtain a waiver may result in the remittance being returned to the
remitter.
* * * * *
4. Amend Sec. 201.28 as follows:
a. By revising paragraph (e)(3)(ii);
b. By redesignating Sec. Sec. 201.28(h) through (l) as Sec.
Sec. 201.28(i) through (m) respectively, and adding a new Sec.
201.28(h);
c. By amending newly redesignated Sec. 201.28(j)(1)(ii) to remove
``(i)(2)'' and add in its place ``(j)(2)''
d. By amending newly redesignated Sec. 201.28(j)(3)(i) to remove
``(i)(3)'' and add in its place ``(j)(3)''
e. By amending newly redesignated Sec. 201.28(j)(3)(vi) to remove
``(i)'' and add in its place ``(j)''.
The additions and revisions to Sec. 201.28 read as follows:
Sec. 201.28 Statements of Account for digital media audio recording
devices or media.
* * * * *
(e) * * *
(3) * * *
(ii) The amount of the royalty payment shall be calculated in
accordance with the instructions specified in the quarterly Statement
of Account form. Payment shall be made as specified in section
201.28(h).
* * * * *
(h) Royalty fee payment. (1) All royalty fees must be paid by a
single electronic funds transfer, and must be received in the
designated bank by the filing deadline for the relevant accounting
period. The following information must be provided as part of the EFT
and/or as part of the remittance advice as provided for in circulars
issued by the Copyright Office:
(i) Remitter's name and address;
(ii) Name of a contact person, telephone number and extension, and
email address;
(iii) The actual or anticipated date that the EFT will be
transmitted;
(iv) Type of royalty payment (i.e. DART);
(v) Total amount submitted via the EFT;
(vi) Total amount to be paid by year and period;
(vii) Number of statements of account that the EFT covers;
(viii) ID numbers assigned by the Licensing Division;
(ix) Legal name of the owner for each Statement of Account.
(2) The remittance advice shall be attached to the Statement(s) of
Account. In addition, a copy of the remittance advice shall be emailed
or sent by facsimile to the Licensing Division.
(3) The Office may waive the requirement for payment by electronic
funds transfer as set forth in paragraph (1) of this section. At least
60 days prior to the royalty fee due date, the remitter shall submit to
the Licensing Division a certified statement setting forth the reasons
explaining why payment by an electronic funds transfer would be
virtually impossible or, alternatively, why it would impose a financial
or other hardship on the remitter. The certification must be signed by
a duly authorized representative of the entity making the payment. A
waiver shall cover only a single payment period. Failure to obtain a
waiver may result in the remittance being returned to the remitter.
* * * * *
Dated: April 20, 2006.
Tanya M. Sandros,
Associate General Counsel.
[FR Doc. E6-6186 Filed 4-26-06; 8:45 am]
BILLING CODE 1410-33-S | usgpo | 2024-10-08T14:08:33.055468 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6186.htm"
} |
FR | FR-2006-04-27/E6-6366 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24831-24834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6366]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0279; FRL-8162-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Eight Individual
Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to approve revisions to the Pennsylvania State
Implementation Plan (SIP). The revisions were submitted by the
Pennsylvania Department of Environmental Protection (PADEP) to
establish and require reasonably available control technology (RACT)
for eight major sources of volatile organic compounds (VOC) and
nitrogen oxides (NOX) pursuant to the Commonwealth of
Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic
RACT regulations. EPA is proposing to approve these revisions in
accordance with the Clean Air Act (CAA).
DATES: Written comments must be received on or before May 30, 2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0279 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2006-0279, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
[[Page 24832]]
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0279. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On August 1, 1995, March 21, 1996, October
18, 1996, April 20, 1998, October 2, 1998, June 22, 1999, and February
4, 2003, PADEP submitted revisions to the Pennsylvania SIP. These SIP
revisions consist of source-specific operating permits issued by PADEP
to establish and require RACT for eight individual sources pursuant to
Pennsylvania's SIP-approved generic RACT regulations.
I. Background
Pursuant to sections 182(b)(2) and 182(f) of the CAA, Pennsylvania
is required to establish and implement RACT for all major VOC and
NOX sources. The major source size is determined by its
location, the classification of that area and whether it is located in
the ozone transport region (OTR). Under section 184 of the CAA, RACT as
specified in sections 182(b)(2) and 182(f) applies throughout the OTR.
The entire Commonwealth is located within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania.
State implementation plan revisions imposing RACT for three classes
of VOC sources are required under section 182(b)(2). The categories
are:
(1) All sources covered by a Control Technique Guideline (CTG)
document issued between November 15, 1990 and the date of attainment;
(2) All sources covered by a CTG issued prior to November 15, 1990;
and
(3) All major non-CTG sources.
The Pennsylvania SIP already has approved RACT regulations and
requirements for all sources and source categories covered by the CTGs.
The Pennsylvania SIP also has approved regulations to require major
sources of NOX and additional major sources of VOC emissions
(not covered by a CTG) to implement RACT. These regulations are
commonly termed the ``generic RACT regulations.'' A generic RACT
regulation is one that does not, itself, specifically define RACT for a
source or source categories but instead establishes procedures for
imposing case-by-case RACT determinations. The Commonwealth's SIP-
approved generic RACT regulations consist of the procedures PADEP uses
to establish and impose RACT for subject sources of VOC and
NOX.
Pursuant to the SIP-approved generic RACT rules, PADEP imposes RACT
on each subject source in an enforceable document, usually a Plan
Approval (PA), Consent Order (CO), or Operating Permit (OP). The
Commonwealth then submits these PAs, COs, or OPs to EPA for approval as
source-specific SIP revisions. EPA reviews these SIP revisions to
ensure that the PADEP has determined and imposed RACT in accordance
with the provisions of the SIP-approved generic RACT rules.
It must be noted that the Commonwealth has adopted and is
implementing additional ``post RACT requirements'' to reduce seasonal
NOX emissions in the form of a NOX cap and trade
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule
developed by the States in the OTR. That regulation was approved as a
SIP revision on June 6, 2000 (65 FR 35842). Pennsylvania has also
adopted 25 Pa Code Chapter 145 to satisfy Phase I of the NOX
SIP call. That regulation was approved as a SIP revision on August 21,
2001 (66 FR 43795). Federal approval of a source-specific RACT
determination for a major source of NOX in no way relieves
that source from any applicable requirements found in 25 PA Code
Chapters 121, 123 and 145.
II. Summary of the SIP Revisions
The following table identifies the sources and the individual
operating permits (OPs) which are the subject of this rulemaking.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Operating Permit ``Major Source''
Source's name County (OP ) Source type pollutant
----------------------------------------------------------------------------------------------------------------
Pennsylvania Power & Light Cumberland........ OP-21-2009 Combustion VOC and NOX.
Company--West Shore. Turbines.
Foster Wheeler Mt. Carmel, Inc. Northumberland.... OP-49-0002 Cogeneration NOX.
Facility.
Metropolitan Edison Company-- Northampton....... OP-48-0006 Combustion NOX.
Portland. Turbines and
Boilers.
Pennsylvania Power & Light Lycoming.......... OP-41-0004 Combustion NOX.
Company. Turbine.
[[Page 24833]]
Pennsylvania Power & Light Clinton........... OP-18-0006 Combustion NOX.
Company. Turbines.
Texas Eastern Transmission Juniata County.... OP-34-2002 Compressor NOX.
Corporation. Station.
Pennsylvania Power & Light Northampton....... OP 48-0011 Combustion VOC and NOX.
Company. Turbines and
Diesel
Generators.
Johnstown Corporation.......... Cambria........... OP-11-000-034 Steel Foundry.... VOC.
----------------------------------------------------------------------------------------------------------------
Interested parties are advised that copies of Pennsylvania's SIP
submittals for these sources, including the actual OPs imposing RACT,
PADEP's evaluation memoranda, and the sources' RACT proposals
(referenced in PADEP's evaluation memoranda) are included and may be
viewed in their entirety in both the electronic and hard copy versions
of the docket for this final rule. As previously stated, all documents
in the electronic docket are listed in the http://www.regulations.gov
index. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
EPA is approving these RACT SIP submittals because PADEP
established and imposed these RACT requirements in accordance with the
criteria set forth in its SIP-approved generic RACT regulations
applicable to these sources. In accordance with its SIP-approved
generic RACT rule, the Commonwealth has also imposed recordkeeping,
monitoring, and testing requirements on these sources sufficient to
determine compliance with the applicable RACT determinations.
III. Proposed Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on August 1, 1995, March 21, 1996, October 18, 1996, April 20,
1998, October 2, 1998, June 22, 1999, and February 4, 2003 to establish
and require VOC and NOX RACT for eight individual sources
pursuant to the Commonwealth's SIP-approved generic RACT regulations.
EPA is soliciting public comments on this proposed rule to approve
these source-specific RACT determinations established and imposed by
PADEP in accordance with the criteria set forth in its SIP-approved
generic RACT regulations applicable to these sources. These comments
will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule to approve eight source-specific RACT
determinations established and imposed by the Commonwealth of
Pennsylvania pursuant to its SIP-approved generic RACT regulations does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
[[Page 24834]]
Authority: 42 U.S.C. 7401 et seq.
Dated: April 19, 2006.
William Early,
Acting Regional Administrator, Region III.
[FR Doc. E6-6366 Filed 4-26-06; 8:45 am]
BILLING CODE 6560-50-P | usgpo | 2024-10-08T14:08:33.076674 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6366.htm"
} |
FR | FR-2006-04-27/E6-6364 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24834-24836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6364]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0296; FRL-8162-6]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NOX and VOC RACT Determinations for Eight Individual
Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA proposes to approve revisions to the Pennsylvania State
Implementation Plan (SIP). The revisions were submitted by the
Pennsylvania Department of Environmental Protection (PADEP) to
establish and require reasonably available control technology (RACT)
for seven sources of volatile organic compounds (VOC) and one source of
nitrogen oxides (NOX) pursuant to the Commonwealth of
Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic
RACT regulations. EPA is proposing to approve these revisions in
accordance with the Clean Air Act (CAA).
DATES: Written comments must be received on or before May 30, 2006.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number EPA-R03-OAR-2006-0296 by one of the following
methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2006-0296, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. EPA-R03-OAR-2006-
0296. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: LaKeshia N. Robertson, (215) 814-2113,
or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On March 27, 1995, August 1, 1995, January
10, 1996, March 21, 1996, October 18, 1996, June 22, 1999, and July 28,
1999, PADEP submitted revisions to the Pennsylvania SIP. These SIP
revisions consist of source-specific operating permits and/or plan
approvals issued by PADEP to establish and require RACT for eight
sources pursuant to Pennsylvania's SIP-approved generic RACT
regulations.
I. Background
Pursuant to sections 182(b)(2) and 182(f) of CAA, Pennsylvania is
required to establish and implement RACT for all major VOC and
NOX sources. The major source size is determined by its
location, the classification of that area and whether it is located in
the ozone transport region (OTR). Under section 184 of the CAA, RACT as
specified in sections 182(b)(2) and 182(f) applies throughout the OTR.
The entire Commonwealth is located within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania.
State implementation plan revisions imposing RACT for three classes
of VOC sources are required under section 182(b)(2). The categories
are:
(1) All sources covered by a Control Technique Guideline (CTG)
document issued between November 15, 1990 and the date of attainment;
(2) All sources covered by a CTG issued prior to November 15, 1990;
and
(3) All major non-CTG sources.
The Pennsylvania SIP already has approved RACT regulations and
requirements for all sources and source categories covered by the CTGs.
The Pennsylvania SIP also has approved regulations to require major
sources of NOX and additional major sources of VOC emissions
(not covered by a CTG) to implement RACT. These regulations are
commonly termed the ``generic RACT regulations''. A generic RACT
regulation is one that does not, itself, specifically define RACT for a
source or source categories but instead establishes procedures for
imposing case-by-case RACT determinations. The Commonwealth's SIP-
approved generic RACT regulations consist of the procedures PADEP uses
to establish and impose RACT for subject sources of VOC and
NOX. Pursuant to the SIP-approved generic RACT rules, PADEP
imposes RACT on each subject source in an enforceable document, usually
a Plan Approval (PA) or Operating Permit (OP). The Commonwealth then
submits these PAs and OPs to EPA for approval as source-specific SIP
revisions. EPA reviews these SIP revisions to ensure that the
Pennsylvania DEP has determined and imposed RACT in accordance with the
provisions of the SIP-approved generic RACT rules.
[[Page 24835]]
It must be noted that the Commonwealth has adopted and is
implementing additional ``post RACT requirements'' to reduce seasonal
NOX emissions in the form of a NOX cap and trade
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule
developed by the States in the OTR. That regulation was approved as SIP
revision on June 6, 2000 (65 FR 35842). Pennsylvania has also adopted
25 Pa Code Chapter 145 to satisfy Phase I of the NOX SIP
call. That regulation was approved as a SIP revision on August 21, 2001
(66 FR 43795). Federal approval of a source-specific RACT determination
for a major source of NOX in no way relieves that source
from any applicable requirements found in 25 PA Code Chapters 121, 123
and 145.
II. Summary of the SIP Revisions
The following table identifies the sources and the individual plan
approvals (PAs) and operating permits (OPs) which are the subject of
this rulemaking.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan Approval
(PA ) ``Major Source''
Source's name County Operating Permit Source type pollutant
(OP )
----------------------------------------------------------------------------------------------------------------
Carlisle Tire & Rubber Company. Cumberland........ 21-2003 Specialty Tire VOC.
Manufacturing.
The Carbide/Graphite Group, Inc Elk............... OP 24-012 Graphite VOC.
Electrode and
Graphite
Specialities
Manufacturing
Facility.
Celotex Corporation............ Northumberland.... OP-49-0013 Fiberboard VOC.
Manufacturing
Facility.
American Railcar Industries, Northumberland.... OP-49-0012 Railcar Cleaning VOC.
Inc. Shippers Car Line and
Division. Refurbishment
Operation.
ACF............................ Northumberland.... OP-49-0009 Railcar VOC.
Manufacturing
Operation.
New Holland North America, Inc. Lancaster......... 36-2028 Surface Coating VOC.
Operation.
Allsteel, Inc.................. Luzerne........... 40-001-5 Metal Furniture VOC.
Coatings.
Ball-Foster Glass Container Co. McKean............ OP 42-028 Glass Melting NOX.
Furnaces.
----------------------------------------------------------------------------------------------------------------
Interested parties are advised that copies of Pennsylvania's SIP
submittals for these sources, including the actual PAs and OPs imposing
RACT, PADEP's evaluation memoranda and the sources' RACT proposals
(referenced in PADEP's evaluation memoranda) are included and may be
viewed in their entirety in both the electronic and hard copy versions
of the docket for this final rule. As previously stated, all documents
in the electronic docket are listed in the http://www.regulations.gov
index. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
EPA is approving these RACT SIP submittals because PADEP
established and imposed these RACT requirements in accordance with the
criteria set forth in its SIP-approved generic RACT regulations
applicable to these sources. In accordance with its SIP-approved
generic RACT rule, the Commonwealth has also imposed record-keeping,
monitoring, and testing requirements on these sources sufficient to
determine compliance with the applicable RACT determinations.
III. Proposed Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on March 27, 1995, August 1, 1995, January 10, 1996, March 21,
1996, October 18, 1996, June 22, 1999, and July 28, 1999, to establish
and require VOC and NOX RACT for eight individual sources
pursuant to the Commonwealth's SIP-approved generic RACT regulations.
EPA is soliciting public comments on this proposed rule to approve
these source-specific RACT determinations established and imposed by
PADEP in accordance with the criteria set forth in its SIP-approved
generic RACT regulations applicable to these sources. These comments
will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the
[[Page 24836]]
absence of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct. EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the takings implications of the rule
in accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This proposed rule to approve eight source-
specific RACT determinations established and imposed by the
Commonwealth of Pennsylvania pursuant to its SIP-approved generic RACT
regulations does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 19, 2006.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E6-6364 Filed 4-26-06; 8:45 am]
BILLING CODE 6560-50-P | usgpo | 2024-10-08T14:08:33.111791 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6364.htm"
} |
FR | FR-2006-04-27/E6-6338 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24836-24838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6338]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 2800 and 2880
[WO-350-06-1430-PP]
RIN 1004-AD87
Update of Linear Right-of-Way Rental Schedule
AGENCY: Bureau of Land Management, Interior.
ACTION: Advance Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) requests comments and
suggestions to assist in the writing of a proposed rule to update the
linear right-of-way rental schedule in 43 CFR parts 2800 and 2880. The
rental schedule covers most linear rights-of-way granted under section
28 of the Mineral Leasing Act of 1920, as amended (MLA), and Title V of
the Federal Land Policy and Management Act of 1976, as amended (FLPMA).
Both laws require the holder of a right-of-way to pay annually, in
advance, the fair market value to occupy, use, or traverse public lands
for facilities such as power lines, fiber optic lines, pipelines,
roads, and ditches.
Section 367 of the Energy Policy Act of 2005 (the Act) directs the
Secretary of the Interior to update the per-acre rental fee schedule
found in 43 CFR 2806.20. This update is to be completed not later than
one year after the date of enactment of the Act, which occurred on
August 8, 2005. The Act requires that the BLM revise the per-acre
rental fee-zone value schedule by state, county, and type of linear
right-of-way use to reflect current land values in each zone. The Act
also requires the Secretary of Agriculture (Forest Service) to make the
same revisions for rights-of-way on National Forest System lands. We
encourage members of the public to provide comments and suggestions to
help with updating the BLM's and the Forest Service's rental schedule,
as described in the Act.
DATES: We will accept comments and suggestions on the Advance Notice of
Proposed Rulemaking until May 30, 2006.
ADDRESSES: You may submit comments by any of the following methods
listed below.
Mail: Director (630) Bureau of Land Management, Administrative
Record, Room 401 LS, Eastern States Office, 7450 Boston Boulevard,
Springfield, Virginia 22153.
Personal or messenger delivery: Room 401, 1620 L Street, NW,,
Washington, DC 20036.
Federal eRulemaking Portal: http://www.regulations.gov.
E-mail: [email protected]. (Include ``Attn: AD87'').
FOR FURTHER INFORMATION CONTACT: For information on the substance of
the Advance Notice, please contact Christian Crowley at (202) 208-3799.
For information on procedural matters, please contact Ian Senio at
(202) 452-5049. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339, to contact the above individuals during business hours.
FIRS is available twenty-four hours a day, seven days a week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Commenting on the Advance Notice of Proposed Rulemaking
Written comments or suggestions should:
Be specific;
Explain the reasoning behind your comments and
suggestions;
Address the issues outlined in the Notice; and
Where possible, reference the specific section or
paragraph of existing laws or regulations that you are addressing.
For comments and recommendations to be most useful, and most likely
to influence decisions on the content of the proposed rule, they
should:
Be substantive;
Facilitate development of a uniform, cost effective
administrative process for calculating rental payments;
Result in a fair and reasonable payment of fair market
rent; and
Include citations to, and analyses of, applicable laws and
regulations.
The BLM is particularly interested in receiving comments and
suggestions about the topics listed in Section III of this Notice. All
communication on these topics should refer to RIN 1004-AD87, and may be
submitted by several methods listed under the ADDRESSES section of this
Notice.
Comments received after the close of the comment period (see DATES)
need not be considered or included in the Administrative Record for the
proposed rule. Likewise, comments delivered to an address other than
those listed above (see ADDRESSES) need not be considered or included
in the Administrative Record for the proposed rule.
Reviewing Comments Submitted by Others
Comments, including names and street addresses of respondents, will
be available for public review at the address listed under ``ADDRESSES:
Personal or messenger delivery'' during regular business hours (7:45
a.m. to 4:15 a.m.), Monday through Friday, except holidays. Individual
respondents may request confidentiality, which will be honored to the
extent allowable by law. Those wishing to withhold their name or
address (except for the city or town)
[[Page 24837]]
must state this prominently at the beginning of their comment.
Submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made available for public inspection in their
entirety.
II. Background
Statutory
Section 367 of the Act, Fair Market Value Determinations for Linear
Rights-of-Way Across Public Lands and National Forests, directs the
Secretary of the Interior to: (1) Update 43 CFR 2806.20, which contains
the per-acre rent schedule for linear rights-of-way; (2) revise the per
acre rental fee zone value schedule by state, county, and type of
linear right-of-way uses to reflect current values of land in each
zone; and (3) complete the update within one year of enactment of the
Act. The Act also directs the Secretary of Agriculture to make the same
revisions to the regulations that apply to rights-of-way granted on
National Forest System (NFS) lands. This provision supplements existing
Secretarial authority to assess and collect fair market value of the
right to use, cross, or traverse public or NFS lands.
Current Linear Rent Schedule
On July 8, 1987, and September 30, 1987, the BLM published
regulations establishing rental schedules for linear rights-of-way
granted under Section 28 of the MLA and Title V of FLPMA (52 FR 25818
and 52 FR 36576). The Forest Service uses these same schedules to
charge rent for rights-of-way across NFS lands. Therefore, updates to
these schedules would also impact the Forest Service and users of NFS
lands.
The 1987 rental schedule was developed to set fair market rent,
while minimizing the need for individual real estate appraisals for
each right-of-way requiring rent payments, as well as to avoid the
costs, delays, and unpredictability of the appraisal process in
reasonably setting fair market rent.
The 1987 rental schedule defines eight fee zones based on the
distribution of average land values by county in each of the states,
except Alaska. (The existing rent schedule does not apply to Alaska.
Linear right-of-way rental fees in Alaska are currently determined on a
case-by-case basis based on local market values.) A county was assigned
to one of the eight Zone Values, based on land values in the county:
lower-value counties were assigned lower-numbered zones. The eight Zone
Values were set at $50, $100, $200, $300, $400, $500, $600, and $1,000
per acre. A county's Zone Value is translated into a per-acre Zone Rent
by use of the adjustment formula described below. To calculate the
annual right-of-way rental payment, the Zone Rent is multiplied by the
total acreage within the right-of-way. The formula for Zone Rent is:
Zone Rent = (Zone Value) x (Impact Adjustment) x (Price Index) x
(Treasury Security Rate)
The Zone Value term in the formula is the land value that was
established for each of the eight zones. The Zone Values established in
1987 have not been updated since that time; however, it is generally
recognized that land values have increased in most areas over the past
20 years.
The Impact Adjustment term in the formula reflects the differences
in land-use impacts between (1) oil, gas, and other energy-related
pipelines, roads, ditches, and canals, and (2) electrical transmission
and distribution lines, telephone lines, and non-energy related
pipelines. Energy-related pipelines and roads were considered as having
a greater surface disturbance impact on the land, and were adjusted to
80 percent of the Zone Value. Electrical transmission and distribution
lines, phone lines, and non-energy related pipelines with a smaller
area of disturbance, were adjusted to 70 percent of the Zone Value.
The Price Index term in the formula allows the rental values to
increase with inflation. This number changes annually reflecting the
change in the Gross Domestic Product, Implicit Price Deflator Index.
The Treasury Security term in the formula reflects a reasonable
rate of return to the United States for the use of the land within the
right-of-way. The 1987 regulations were based on a rate of return of
6.41 percent for a one year Treasury Security.
BLM Right-of-Way Program and Revenues
The BLM generated over $15 million in right-of-way rental receipts
for fiscal year 2005. The BLM administers nearly 90,000 rights-of-way,
of which over 48,000 are subject to a rental payment. Wyoming and New
Mexico together account for slightly more than 30,000 of the rights-of-
way subject to rent. Seventy-five percent of all right-of-way revenues
were collected by five BLM State Offices. These five State Offices and
the revenues collected are listed in Table 1 below.
Table 1.--Right-of-Way Rental Receipts for ``Top Five'' BLM State
Offices
------------------------------------------------------------------------
Rental
State office receipts (FY
2005)
------------------------------------------------------------------------
Nevada.................................................. $3,678,823
California.............................................. 2,946,170
Wyoming................................................. 1,804,274
New Mexico.............................................. 1,661,834
Arizona................................................. 1,272,795
---------------
Total............................................... 11,363,896
------------------------------------------------------------------------
Non-linear rights-of-way, including communication site
authorizations, account for nearly 3,500 authorizations generating over
$5 million in revenue. Subtracting the communication site revenue from
the $15 million reported for all rights-of-way results in an average
rent of approximately $250 for linear rights-of-way. The average rental
payment in 2005, including communication site authorizations, was
approximately $320.
Description of Issues
The rental schedule is a cost-effective means for calculating and
billing right-of-way holders for the use of public lands. In general,
the rental schedule must be fair and reasonable and rent must be
calculated in a consistent manner, depending on the type of authorized
use.
To facilitate the billing process, the rental schedule itself must
be a cost-effective way to administer the right-of-way program relative
to the amount of revenue collected. In addition, right-of-way holders
should be able to estimate rental payments and forecast changes in
billed rent in accordance with the terms and conditions of the right-
of-way. Updating the rental schedule formula will require changes to
current rental payments; depending on the magnitude of the changes in
various components of the formula, rents are likely to increase as a
result of the general increase in land values. Impacts on groups or
individual holders ultimately depend on the formula options considered.
As part of the rulemaking process, impacts of any increase in rent
on current holders and small businesses will be evaluated. In addition,
the proposed regulation will likely include a phase-in period and other
provisions designed to facilitate the transition to the new rents. In
cases where the applicant feels that the calculated rent is excessive,
additional relief may include provisions for reduction or waiver of
rent as is currently provided for by 43 CFR 2806.15 or for an
alternative calculation of rent, based on an appraisal report. For such
an
[[Page 24838]]
appraisal report to be admissible, the applicant would be required to
follow applicable Departmental and Agency instructions, pay for the
cost of the appraisal report, and ensure that the report meets Federal
standards.
The BLM is considering using existing published information or
statistical data for updating the rental schedule, such as information
published by the National Agricultural Statistic Service (NASS). NASS
publishes two reports: (1) The Census of Agriculture published every
five years (Five Year Census), and (2) the annual Land Values and Cash
Rents Summary (Annual Report).
The Five Year Census includes land values by county for each state.
The land values are reported for cropland, woodland, permanent pasture,
and rangeland and includes buildings.
The NASS data in the Annual Report includes state average
pastureland values. The statewide average for pastureland may
approximate rural agricultural types of land (woodlands and rangelands)
that are administered by the BLM. You can find more detailed
information about these two reports at the NASS Web site at: http://www.nass.usda.gov/index.asp.
III. Description of Information Requested
The BLM is particularly interested in receiving comments on the
following questions:
1. What available published information, statistical data, or
reports should BLM use to update the current linear right-of-way rental
fee Zone Values?
2. What, if any, other terms, e.g., impact adjustment or rate of
return, used in the 1987 rental formula should BLM update, clarify, or
revise? Should the one-year Treasury Rate (rate of return) used in the
current formula, i.e., 6.41 percent, be revised to reflect the current
rate? If yes, should the rate be updated annually?
3. What, if any, provisions should BLM include in the proposed
regulation to provide relief from large, unexpected increases in
individual rental payments?
4. How should the number of rental zones be changed in the new
linear right-of-way rental schedule, if at all?
5. Should the new linear right-of-way rental schedule split some
states and counties into more than one zone?
6. Should the new linear right-of-way rental schedule apply to BLM-
administered lands in Alaska?
The BLM further solicits public comments on other approaches for
updating the 1987 linear right-of-way rental schedule. Other
suggestions will be considered inasmuch as they may facilitate updating
the current schedule.
Dated: April 17, 2006.
Chad Calvert,
Acting Assistant Secretary of the Interior.
[FR Doc. E6-6338 Filed 4-26-06; 8:45 am]
BILLING CODE 4310-84-P | usgpo | 2024-10-08T14:08:33.149119 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6338.htm"
} |
FR | FR-2006-04-27/06-4016 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4016]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Notices
[[Page 24839]]
COMMISSION ON CIVIL RIGHTS
Sunshine Act; Meeting
DATE AND TIME: Friday, May 5, 2006, 9:30 a.m., Commission Briefing and
Meeting.
PLACE: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Room
540, Washington, DC 20425.
STATUS:
Briefing Agenda
Commission Briefing: The Effectiveness of Historically Black
Colleges and Universities
Introductory Remarks by Chairman
Speakers' Presentations
Questions by Commissioners and Staff Director
Annual Program Planning
CONTACT PERSON FOR FURTHER INFORMATION: Audrey Wright, Office of the
Staff Director (202) 376-7700.
Kenneth L. Marcus,
Staff Director, Acting General Counsel.
[FR Doc. 06-4016 Filed 4-25-06; 11:53 am]
BILLING CODE 6335-01-M | usgpo | 2024-10-08T14:08:33.171975 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-4016.htm"
} |
FR | FR-2006-04-27/06-4017 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4017]
-----------------------------------------------------------------------
COMMISSION ON CIVIL RIGHTS
Sunshine Act; Meetings
Date and Time: Thursday, May 4, 2006, 3 p.m., Commission Meeting.
Place: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Room
540, Washington, DC 20425.
Status:
Agenda
I. Approval of Agenda.
II. Approval of Minutes of March 10, April 3, and April 7, 2006
Meetings.
III. Announcements.
IV. Staff Director's Report.
V. Program Planning.
Voting Rights Act Statutory Report.
Report from the Briefing on the Native Hawaiian Government
Reorganization Act.
Report from the Briefing on Disparity Studies.
Annual Program Planning.
VI. Management and Operations
Web site: Posting Commissioner letters to the U.S.
Department of Education expressing concerns with the American Bar
Association's new diversity standards and regarding the ABA's petition
for renewal of reaccreditation authority.
VII. State Advisory Committee Issues.
Recharter Packages.
VIII. Future Agenda Items.
Any business not completed at the meeting on Thursday, May 4, 2006,
may be addressed on Friday, May 5, 2006, following the briefing.
Contact Person For Further Information: Audrey Wright, Office of the
Staff Director (202) 376-7700.
Kenneth L. Marcus,
Staff Director, Acting General Counsel.
[FR Doc. 06-4017 Filed 4-25-06; 11:53 am]
BILLING CODE 6335-01-M | usgpo | 2024-10-08T14:08:33.207439 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-4017.htm"
} |
FR | FR-2006-04-27/E6-6367 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6367]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Notice of Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review: Certain Cased Pencils from the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 27, 2006.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or William Quigley, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4474 and (202) 482-4551, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2005, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on certain cased
pencils from the People's Republic of China. See Certain Cased Pencils
from the People's Republic of China; Preliminary Results of Antidumping
Duty Administrative Review and Intent to Rescind in Part, 70 FR 76755
(December 28, 2005). Pursuant to section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), the final results are currently due on
April 27, 2006.
Extension of Time Limit for Final Results
Section 751(a)(3)(A) of the Act requires the Department to issue
the final results in an administrative review within 120 days of the
publication date of the preliminary results. However, if it is not
practicable to complete the review within this time period, the
Department may extend the time limit for the final results to 180 days.
The Department has determined that, due to the complexity of the issues
raised by the parties regarding wood loss and the surrogate value for
pencil cores, it is not practicable to complete this review within the
time limits mandated by section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1). Therefore, the Department is extending the time limit
for the completion of these final results by 60 days. Accordingly, the
final results of this review will now be due no later than June 26,
2006.
This notice is published in accordance with section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2).
Dated: April 21, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6367 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-DS-S | usgpo | 2024-10-08T14:08:33.221658 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6367.htm"
} |
FR | FR-2006-04-27/E6-6368 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24839-24840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6368]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-886
Polyethylene Retail Carrier Bags from the People's Republic of
China: Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 27, 2006.
[[Page 24840]]
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Matthew Quigley,
AD/CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4243
or (202) 482-4551, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2005, the Department of Commerce (``the
Department'') published in the Federal Register a notice of initiation
of the antidumping duty administrative review of Polyethylene Retail
Carrier Bags (``PRCBs'') from the People's Republic of China (``PRC'')
for the period January 24, 2004, through July 31, 2005. See Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 70 FR 56631 (September 28, 2005). The
preliminary results of review are currently due no later than May 3,
2006.
Extension of Time Limit for Preliminary Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the
Act), requires the Department to make a preliminary determination
within 245 days after the last day of the anniversary month of an order
for which a review is requested. Section 751(a)(3)(A) of the Act
further states that, if it is not practicable to complete the review
within the time specified, the administering authority may extend the
245-day period to issue its preliminary results by up to 120 days.
Completion of the preliminary results of this review within the 245-day
period is not practicable because the Department needs additional time
to analyze a significant amount of information pertaining to each
company's sales practices, factors of production, corporate
relationships, and to review responses to supplemental questionnaires.
Because it is not practicable to complete this review within the
time specified under the Act, we are extending the time period for
issuing the preliminary results of review by 110 days until August 21,
2006, in accordance with section 751(a)(3)(A) of the Act. The final
results continue to be due 120 days after the publication of the
preliminary results of review.
Dated: April 21, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6368 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-DS-S | usgpo | 2024-10-08T14:08:33.236129 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6368.htm"
} |
FR | FR-2006-04-27/E6-6365 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6365]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-879
Notice of Extension of Time Limit for the Final Results of the
Antidumping Administrative Review of Polyvinyl Alcohol from the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 27, 2006.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6412.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2005, the Department of Commerce (``the
Department'') published the preliminary results of the administrative
review of the antidumping duty order on polyvinyl alcohol (``PVA'')
from the People's Republic of China (``PRC''), covering the period
August 11, 2003, through September 30, 2004. See Polyvinyl Alcohol from
the People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 70 FR 67434 (November 7, 2005) (``Preliminary
Results''). In the Preliminary Results, we stated that we would make
our final determination for the antidumping duty review no later than
120 days after the date of publication of the preliminary results
(i.e., March 7, 2006).
Extension of Time Limit of Final Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the
Act''), requires the Department to issue the final results in an
administrative review within 120 days of the publication date of the
preliminary results. However, if it is not practicable to complete the
review within this time period, the Department may extend the time
limit for the final results to 180 days. On February 27, 2006, the
Department published in the Federal Register a notice extending the
time limit for the final results of the administrative review from
March 7, 2006, to April 6, 2006. See Notice of Extension of Time Limit
for the Antidumping Duty Administrative Review of Polyvinyl Alcohol
from the People's Republic of China, 71 FR 9781 (February 27, 2006). On
March 29, 2006, the Department published in the Federal Register a
notice extending the time limit for the final results of the
administrative review from April 6, 2006, to April 21, 2006. See Notice
of Extension of Time Limit for the Final Results of the Antidumping
Administrative Review of Polyvinyl Alcohol from the People's Republic
of China, 71 FR 15697 (March 29, 2006). The final results of review are
currently due no later than April 21, 2006. However, completion of the
final results by April 21, 2006, is not practicable because this review
involves certain complex issues, including examination of the co-
product allocation methodology, application of by-product credits, and
the valuation of natural gas and certain other factors.
Therefore, in accordance with section 751(a)(3)(A) of the Act, the
Department is now fully extending the time period for issuing these
final results of review until May 6, 2006. However, because May 6,
2006, falls on a Saturday, the final results will be due on May 8,
2006, the next business day.
Dated: April 21, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6365 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-DS-S | usgpo | 2024-10-08T14:08:33.253685 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6365.htm"
} |
FR | FR-2006-04-27/E6-6369 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24840-24841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6369]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-890
Wooden Bedroom Furniture from The People's Republic of China:
Notice of Court Decision Not in Harmony
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On April 5, 2006, the United States Court of International
Trade (``Court'') sustained the final remand determination made by the
Department of Commerce (``the Department'') pursuant to the Court's
remand of the amended final determination of the investigation of
wooden bedroom furniture from the People's Republic of China. See
Guangzhou Maria Yee Furnishings Ltd., et. al. v. United States, Ct. No.
05-00065, Slip Op. 06-44 (Ct. Int'l Trade April 5, 2006) (``Maria Yee
Remand II''). This case arises out of the Department's Final
Determination of Sales at Less Than Fair Value: Wooden Bedroom
Furniture From the People's Republic of China, 69 FR 67313 (November
17, 2004), as amended, 70
[[Page 24841]]
FR 329 (January 4, 2005) (``Final Determination''). The final judgment
in this case was not in harmony with the Department's Final
Determination.
EFFECTIVE DATE: April 17, 2006.
FOR FURTHER INFORMATION CONTACT: Will Dickerson, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington DC 20230; telephone (202) 482-1778.
SUPPLEMENTARY INFORMATION:
Background
In Guangzhou Maria Yee Furnishings, Ltd., et al. v. United States,
Court No. 05-00065, Slip Op. 05-158 (CIT December 14, 2005) (``Maria
Yee Remand''), the Court remanded the Department's determination to
reject, as untimely, certain information submitted by Guangzhou Maria
Yee Furnishings Ltd., et al. (``Maria Yee''). The Court found that the
Department's method of notice to parties of the requirement and
deadline to submit a response to Section A of the Department's
questionnaire was not reasonable, and remanded this case to the
Department for further consideration consistent with the Court's
opinion, and in light of the Court's decision in Decca Hospitality
Furnishings, LLC v. United States, Court No. 05-00002, Slip Op. 05-100
(CIT August 23, 2005) (``Decca'')
On February 10, 2006, the Department issued its draft results of
redetermination pursuant to remand for comment by the interested
parties. On February 14, 2006, Maria Yee submitted comments in response
to the Department's draft results of redetermination. No other party
filed comments. On March 1, 2006, the Department issued its final
results of redetermination pursuant to remand to the Court. The remand
redetermination explained that, in accordance with the Court's opinion,
the Department must analyze the evidence presented by Maria Yee to
determine whether it is eligible for a separate rate. Accordingly, on
December 27, 2005, the Department reopened the record and requested
that Maria Yee re-submit a copy of its initial July 2, 2004,
submission. On December 28, 2005, Maria Yee re-submitted a copy of its
initial July 2, 2004, submission. Additionally, the Department issued
one supplemental questionnaire to Maria Yee to address a few
deficiencies found in Maria Yee's December 28, 2005, submission. Maria
Yee submitted timely and complete responses to these questionnaires.
Based on our analysis of Maria Yee's evidence, we determined that Maria
Yee qualifies for a separate rate in the investigation of wooden
bedroom furniture from the PRC. See Final Results of Redetermination
Pursuant to Court Remand, November 7, 2005.
On April 5, 2006, the Court ordered that the Department's remand
determination is supported by substantial evidence, and affirmed the
Department's remand results in their entirety. See Maria Yee Remand II.
The granting of a separate rate to Maria Yee changes Maria Yee's
antidumping duty rate from the PRC-wide rate of 198.08 percent to the
Section A respondent rate of 6.65 percent.
Timken Notice
In its decision in Timken Co. v. United States, 893 F.2d 337, 341
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for
the Federal Circuit held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (``the Act''), the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination, and must suspend liquidation of entries
pending a ``conclusive'' court decision. The Court's decision in Maria
Yee Remand II constitutes a final court decision that is not in harmony
with the Department's final determination of sales at less than fair
value. This notice is published in fulfillment of the publication
requirements of Timken. Accordingly, the Department will continue the
suspension of liquidation of the subject merchandise pending the
expiration of the period of appeal, or, if appealed, upon a final and
conclusive court decision.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: April 20, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-6369 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-DS-S | usgpo | 2024-10-08T14:08:33.277527 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6369.htm"
} |
FR | FR-2006-04-27/06-3952 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24841-24842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3952]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Availability of Seats for the Channel Islands National Marine
Sanctuary Advisory Council
AGENCY: National Marine Sanctuary Program (NMSP), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration,
Department of Commerce (DOC).
ACTION: Notice and request for applications.
-----------------------------------------------------------------------
SUMMARY: The Channel Islands National Marine Sanctuary (CINMS) is
seeking applicants for the following vacant seats on its Sanctuary
Advisory Council (Council): Commercial Fishing member, Conservation
alternate, Public-At-Large member, Public-At-Large alternate, Research
member, and Tourism member. Applicants are chosen based upon: their
particular expertise and experience in relation to the seat for which
they are applying, community and professional affiliations, views
regarding the protection and management of marine resources, and the
length of residence in the communities located near the Sanctuary.
Applicants who are chosen as members should expect to serve 2-year
terms, pursuant to the Council's Charter.
DATES: Applications are due by June 26, 2006.
ADDRESSES: Application kits may be obtained from Dani Lipski, Channel
Islands National Marine Sanctuary, 113 Harbor Way Suite 150 Santa
Barbara, CA 93109-2315. Completed applications should be sent to the
same address.
FOR FURTHER INFORMATION CONTACT: Michael Murray, Channel Islands
National Marine Sanctuary, 113 Harbor Way Suite 150 Santa Barbara, CA
93109-2315, 805-966-7107 extension 464, [email protected].
SUPPLEMENTARY INFORMATION: The CINMS Advisory Council was originally
established in December 1998 and has a broad representation consisting
of 21 members, including ten government agency representatives and
eleven members from the general public. The Council functions in an
advisory capacity to the Sanctuary Superintendent. The Council works in
concert with the Sanctuary Superintendent by keeping him or her
informed about issues of concern throughout the Sanctuary, offering
recommendations on specific issues, and aiding the Superintendent in
achieving the goals of the Sanctuary program. Specifically, the
Council's objectives are to provide advice on: (1) Protecting natural
and cultural resources and identifying and evaluating emergent or
critical issues involving Sanctuary use or resources; (2) Identifying
and realizing the Sanctuary's research objectives; (3) Identifying and
realizing educational opportunities to increase the public knowledge
and stewardship of the Sanctuary environment; and (4)
[[Page 24842]]
Assisting to develop an informed constituency to increase awareness and
understanding of the purpose and value of the Sanctuary and the
National Marine Sanctuary Program.
Authority: 16 U.S.C. 1431, et seq.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program)
Dated: April 18, 2006.
Daniel J. Basta,
Director, National Marine Sanctuary Program, National Ocean Service,
National Oceanic and Atmospheric Administration.
[FR Doc. 06-3952 Filed 4-26-06; 8:45am]
BILLING CODE 3510-NK-M | usgpo | 2024-10-08T14:08:33.292657 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3952.htm"
} |
FR | FR-2006-04-27/E6-6310 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6310]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Hydrographic Services Review Panel Meeting
AGENCY: National Ocean Service, National Oceanic and Atmospheric
Administration (NOAA), Department of Commerce.
ACTION: Notice of open meeting.
-----------------------------------------------------------------------
SUMMARY: The Hydrographic Services Review Panel (HSRP) was established
by the Secretary of Commerce to advise the Under Secretary of Commerce
for Oceans and Atmosphere on matters related to the responsibilities
and authorities set forth in section 303 of the Hydrographic Services
Improvement Act of 1998, its amendments, and such other appropriate
matters that the Under Secretary refers to the Panel for review and
advice.
Date and Time: The meeting will be held Thursday, May 25, 2006,
from 8:30 a.m. to 4:30 p.m.
Location: The Consortium for Oceanographic Research and Education,
1201 New York Avenue, NW., Suite 420, Washington, DC 20005 (202) 332-
0063. The times and agenda topics are subject to change. Refer to the
Web site listed below for the most up-to-date meeting agenda.
FOR FURTHER INFORMATION CONTACT: Captain Roger L. Parsons, NOAA,
Designated Federal Official (DFO), Office of Coast Survey, National
Ocean Service (NOS), NOAA (N/CS), 1315 East West Highway, Silver
Spring, Maryland 20910; Telephone: 301-713-2770, Fax: 301-713-4019; e-
mail: [email protected] or visit the NOAA HSRP Web site at
http://nauticalcharts.noaa.gov/ocs/hsrp/hsrp.htm.
SUPPLEMENTARY INFORMATION: The meeting will be open to the public and
verbal comments and questions will be accepted at the end of the day
with a 30-minute period that will be extended if needed. Each
individual or group making a verbal presentation will be limited to a
total time of five (5) minutes. Written comments (at least 30 copies)
should be submitted to the DFO by May 18, 2006. Written comments
received by the DFO after May 18, 2006, will be distributed to the
HSRP, but may not be reviewed prior to the meeting date. Approximately
20 seats will be available for the public, on a first-come, first-
served basis.
Matters to Be Considered: (1) Deliberations on HSRP Workgroup
Recommendations Regarding NOAA-related Issues for Consideration by the
Committee on the Marine Transportation System (CMTS) and NOAA's
Navigation Services Role in Responding to Incidents of National
Significance, (2) NOAA's Navigation Services Priorities Relative to the
Integrated Ocean Observing System (IOOS), (3) Recommended Revisions to
the Hydrographic Services Improvement Act of 2002 (which expires in
2007) and, (4) Public Statements.
Dated: April 14, 2006.
Roger L. Parsons,
Director, Office of Coast Survey, National Ocean Service, National
Oceanic and Atmospheric Administration.
[FR Doc. E6-6310 Filed 4-26-06; 8:45 am]
BILLING CODE 3510-JE-P | usgpo | 2024-10-08T14:08:33.315043 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6310.htm"
} |
FR | FR-2006-04-27/06-3978 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24842-24843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3978]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2006-OS-0070]
Base Closure and Realignment
AGENCY: Department of Defense, Office of Economic Adjustment.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice is provided pursuant to section 2905(b)(7)(B)(ii)
of the Defense Base Closure and Realignment Act of 1990. It provides a
partial list of military installations closing or realigning pursuant
to the 2005 Defense Base Closure and Realignment (BRAC) Report. It also
provides a corresponding listing of the Local Redevelopment Authorities
(LRAs) recognized by the Secretary of Defense, acting through the
Department of Defense Office of Economic Adjustment (OEA), as well as
the points of contact, addresses, and telephone numbers for the LRAs
for those installations. Representatives of state and local
governments, homeless providers, and other parties interested in the
redevelopment of an installation should contact the person or
organization listed. The following information will also be published
simultaneously in a newspaper of general circulation in the area of
each installation. There will be additional Notices providing this same
information about LRAs for other closing or realigning installations
where surplus government property is available as those LRAs are
recognized by the OEA.
Effective Date: April 27, 2006.
FOR FURTHER INFORMATION CONTACT: Director, Office of Economic
Adjustment, Office of the Secretary of Defense, 400 Army Navy Drive,
Suite 200, Arlington, VA 22202-4704, (703) 604-6020.
Local Redevelopment Authorities (LRAs) for Closing and Realigning
Military Installations
California
Installation Name: Onizuka Air Force Station.
LRA Name: City of Sunnyvale.
Point of Contact: Mr. Eric DeWees, Reuse Coordinator, City of
Sunnyvale, Office of the City Manager.
Address: 456 West Olive Avenue, Sunnyvale, CA 94086.
Phone: (408) 730-7739.
Installation Name: Riverbank Army Ammunition Plant.
LRA Name: City County of Riverbank and the District 1 Board
Supervisor of Stanislaus County.
Point of Contact: Ms. Margaret Silveira, Director of Housing and
Economic Development, City of Riverbank.
Address: 6707 Third Street, Riverbank, CA 95367-2396.
Phone: (209) 863-7129.
Colorado
Installation Name: Buckley Annex.
LRA Name: Lowry Economic Redevelopment Authority.
Point of Contact: Mr. Thomas O. Markham, Executive Director.
Address: 555 Unita Way, Denver, CO 80230.
Phone: (303) 343-0276.
District of Columbia
Installation Name: Walter Reed Army Medical Center.
LRA Name: Government of the District of Columbia.
Point of Contact: Mr. Stanley Jackson, Deputy Mayor for Planning
and Economic Development, District of Columbia.
Address: 1350 Pennsylvania Avenue, NW., Suite 317, Washington, DC
20004.
[[Page 24843]]
Phone: (202) 727-6365.
Georgia
Installation Name: Columbus U.S. Army Reserve Center 1.
LRA Name: Columbus Consolidated Government.
Point of Contact: Robert S. Poydasheff, Mayor of Columbus
Consolidated Government.
Address: Post Office Box 1340, Columbus, GA 31902-1340.
Phone: (706) 653-4712.
Installation Name: Fort Gillem.
LRA Name: Forest Park/Fort Gillem Local Redevelopment Authority.
Point of Contact: Mr. Shane Short, Chairman.
Address: 2270 Mt. Zion Road, Jonesboro, GA 30236.
Phone: (678) 610-4021.
Indiana
Installation Name: Newport Chemical Depot.
LRA Name: Newport Chemical Depot Local Redevelopment Authority.
Point of Contact: Mr. Ed Cole, Executive Director, Vermillion
County Economic Development Council.
Address: 2250 North Main Street, Clinton, IN 47842.
Phone: (765) 832-3870.
Ohio
Installation Name: Parrott U.S. Army Reserve Center Kenton.
LRA Name: Hardin County Local Redevelopment Authority.
Point of Contact: Mr. Russell Ludwig, Chairman.
Address: One Courthouse Square, Suite 100, Kenton, OH 43326.
Phone: (419) 674-2205.
Pennsylvania
Installation Name: Horsham Memorial U.S. Army Reserve Center.
LRA Name: Horsham Township Authority for NASJRB (Naval Air Station
Joint Reserve Base).
Point of Contact: Mr. Michael J. McGee, Executive Director.
Address: 1025 Horsham Road, Horsham, PA 19044.
Phone: (215) 643-3131.
Installation Name: Naval Air Station Joint Reserve Base Willow
Grove.
LRA Name: Horsham Township Authority for NASJRB (Naval Air Station
Joint Reserve Base).
Point of Contact: Mr. Michael J. McGee, Executive Director.
Address: 1025 Horsham Road, Horsham, PA 19044.
Phone: (215) 643-3131.
Installation Name: Navy-Marine Corps Reserve Center Reading.
LRA Name: Reading Berks Public Safety Local Redevelopment
Authority.
Point of Contact: Judith L. Schwank. County Commissioner Chair,
County of Berks.
Address: Office of the Commissioners, Berks County Services
Center--13th Floor, 633 Court Street, Reading, PA 19601-4310.
Phone: (610) 478-6100.
Michigan
Installation Name: U.S. Army Garrison Michigan (Selfridge).
LRA Name: Chesterfield Township Local Redevelopment Authority.
Point of Contact: Mr. Jim Ellis, Supervisor, Chesterfield Township.
Address: 47275 Sugarbush, Chesterfield Township, MI 48047.
Phone: (586) 949-0400.
Dated: April 21, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-3978 Filed 4-26-06; 8:45am]
BILLING CODE 5001-06-M | usgpo | 2024-10-08T14:08:33.347493 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3978.htm"
} |
FR | FR-2006-04-27/06-3979 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3979]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Renewal of Department of Defense Federal Advisory Committees
AGENCY: DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Federal Advisory Committee Act of
1972, as amended (5 U.S.C. Appendix), the Department of Defense gives
notice that the Defense Advisory Committee on Women in the Services,
which is determined to be in the public interest, is hereby renewed on
April 17, 2006. This committee provides necessary and valuable
independent advice to the Secretary of Defense and other senior Defense
officials in their respective areas of expertise.
It is a continuing DoD policy to make every effort to achieve a
balanced membership on all DoD advisory committees. Each committee is
evaluated in terms of the functional disciplines, levels of experience,
professional diversity, public and private association, and similar
characteristics required to ensure a high degree of balance is
obtained.
FOR FURTHER INFORMATION CONTACT: Contact Frank Wilson, DoD Committee
Management Officer, 703-601-2554.
Dated: April 20, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-3979 Filed 4-26-06; 8:45 am]
BILLING CODE 5001-06-M | usgpo | 2024-10-08T14:08:33.388958 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3979.htm"
} |
FR | FR-2006-04-27/06-3977 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24843-24844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3977]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Meeting of the Uniform Formulary Beneficiary Advisory Panel
AGENCY: Department of Defense, Assistant Secretary of Defense (Health
Affairs).
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces a meeting of the Uniform Formulary
Beneficiary Advisory Panel. The panel will review and comment on
recommendations made to the Director, TRICARE Management Activity, by
the Pharmacy and Therapeutics Committee regarding the Uniform
Formulary. The meeting will be open to the public. Seating is limited
and will be provided only to the first 220 people signing in. All
persons must sign in legibly. Notice of this meeting is required under
the Federal Advisory Committee Act.
DATES: Thursday, June 29, 2006, from 8 a.m. to 4 p.m.
ADDRESSES: Naval Heritage Center Theater, 701 Pennsylvania Avenue, NW.,
Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Mr. Rich Martel, TRICARE Management
Activity, Pharmacy Operations Directorate, Beneficiary Advisory Panel,
Suite 810, 5111 Leesburg Pike, Falls Church, VA 22041, telephone 703-
681-0064 ext. 3672, fax 703-681-1242, or e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: the Uniform Formulary Beneficiary Advisory
Panel will only review and comment on the development of the Uniform
Formulary as reflected in the recommendations of the DOD Pharmacy and
Therapeutics (P&T) Committee coming out of that body's meeting in May
2006. The (P&T) Committee information and subject matter concerning
drug classes reviewed for that meeting are available at http://pec.ha.osd.mil. Any private citizen is permitted to file a written
statement with the advisory panel. Statements must be submitted
electronically to [email protected] no later than June 22, 2006.
Any private citizen is permitted to speak at the Beneficiary Advisory
Panel meeting, time permitting. One hour will be reserved for public
comments, and speaking
[[Page 24844]]
times will be assigned only to the first twelve citizens to sign up at
the meeting, on a first-come, first-served basis. The amount of time
allocated to a speaker will not exceed five minutes.
Dated: April 20, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
[FR Doc. 06-3977 Filed 4-26-06; 8:45am]
BILLING CODE 5001-06-M | usgpo | 2024-10-08T14:08:33.402522 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3977.htm"
} |
FR | FR-2006-04-27/E6-6340 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6340]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[CFDA No.: 84.224C]
Assistive Technology Act of 1998, as Amended--Assistive
Technology Alternative Financing Program
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of intent to fund down the grant slate for the Assistive
Technology Act of 1998, as Amended (AT Act)--Assistive Technology
Alternative Financing Program (AFP).
-----------------------------------------------------------------------
SUMMARY: The Secretary intends to use the grant slate developed for the
AT Act AFP in Fiscal Year (FY) 2005 to make new grant awards in FY
2006. The Secretary takes this action because a significant number of
high-quality applications remain on the last year's grant slate and
limited funding is available for new grant awards in FY 2006.
FOR FURTHER INFORMATION CONTACT: Jeremy Buzzell, U.S. Department of
Education, 400 Maryland Avenue, SW., room 5025, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202) 245-7319.
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 program contact person listed in this
section.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2005, we published a notice in the Federal Register (70
FR 37794) inviting applications for new awards under the AT Act AFP.
This notice indicated that the selection criteria, absolute priority,
competitive preference priorities, and application requirements
contained in the notice would apply to the FY 2005 grant competition
only.
We received a significant number of applications for AFP grants in
FY 2005 and made eight new grant awards. Because some applications that
met the same standard as those that received funding did not receive
funding last year and limited funding is available for new awards under
this program in FY 2006, we intend to select grantees in FY 2006 from
the existing slate of applicants. This slate was developed during the
FY 2005 competition using the selection criteria, absolute priority,
competitive preference priorities, and application requirements
included in the June 30, 2005, notice. No changes to the selection
criteria, absolute priority, competitive preference priorities, or
application requirements will be required by this action.
Program Authority: 29 U.S.C. 3001 et seq.
Electronic Access to This Document: You may 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: April 21, 2006.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E6-6340 Filed 4-26-06; 8:45 am]
BILLING CODE 4000-01-P | usgpo | 2024-10-08T14:08:33.420296 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6340.htm"
} |
FR | FR-2006-04-27/06-3164 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24844-24845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3164]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Conservation Program: Proposed Information Collection
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) invites public comment on a
proposed collection of information that DOE is developing for
submission to the Office of Management and Budget (OMB) pursuant to the
Paperwork Reduction Act of 1995. The proposed collection of information
is in a final rule pertaining to test procedures for distribution
transformers that DOE is publishing in the ``Rules'' section of today's
Federal Register.
DATES: Consideration will be given to comments submitted by June 26,
2006.
ADDRESSES: Written comments may be submitted to: Department of Energy,
Attn: Cyrus Nasseri, Office of Energy Efficiency and Renewable Energy
(EE-2J), Forrestal Building, 1000 Independence Ave., SW., Washington,
DC 20585. (202) 586-9138, E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Collection title: Test Procedures for Distribution Transformers.
Type of review: New collection.
OMB number: None.
Type of respondents: Manufacturers of low-voltage dry-type
distribution transformers.
Estimated number of respondents: 57 companies.
Estimated total burden hours: 96 hours total per company per year;
based on 56 hours of technician/technical work and 40 hours clerical
work.
Frequency of recordkeeping or reporting: Recordkeeping: maintenance
of (1) data and (2) calibration procedures and actions.
Abstract: DOE today is publishing a final rule that establishes
test procedures for measuring the energy efficiency of distribution
transformers, pursuant to sections 323(b)(10) and 346(a)(1) of the
Energy Policy and Conservation Act. (42 U.S.C. 6293(b)(10) and
6317(a)(1)) (See ``Rules'' section of this issue of the Federal
Register.) That rule contains the following recordkeeping requirements
that must be approved by OMB pursuant to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et. seq.) before manufacturers can be required to
comply with them: (1) Section 431.197(a)(4)(i) would require
manufacturers of distribution transformers to have records as to
alternative efficiency determination methods available for DOE
inspection; (2) section 6.2(f) of Appendix A to subpart K of Part 431
would require maintenance of calibration records; and (3) section
6.2(b) and (c) of Appendix A would require documentation of calibration
procedures.
Request for Comments: Pursuant to 44 U.S.C. 3506(c)(2)(A), DOE
invites comment on: (1) Whether the recordkeeping requirements in DOE's
[[Page 24845]]
final rule are necessary; (2) the accuracy of DOE's estimate of the
burden of the proposed information collection; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of the collection of information on
those who choose to respond. Additional information about DOE's
proposed information collection may be obtained from the contact person
named in this notice.
Issued in Washington, DC, on March 28, 2006.
Douglas L. Faulkner,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 06-3164 Filed 4-26-06; 8:45 am]
BILLING CODE 6450-01-P | usgpo | 2024-10-08T14:08:33.444401 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3164.htm"
} |
FR | FR-2006-04-27/E6-6327 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6327]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP00-305-026]
CenterPoint Energy-Mississippi River Transmission Corporation;
Notice of Compliance Filing
April 20, 2006.
Take notice that on April 13, 2006, CenterPoint Energy-Mississippi
River Transmission Corporation (MRT) tendered for filing as part of its
FERC Gas Tariff, Third Revised Volume No. 1, Substitute Second Revised
Sheet No. 10D, with an effective date of March 31, 2006.
MRT states that the filing is being made in compliance with the
Commission's letter order dated March 31, 2006. MRT states that the
purpose of this filing is to provide Substitute Second Revised Sheet
No. 10D, which reflects the term of a negotiated rate agreement with
Union Electric Company, d/b/a AmerenUE, which became effective March
31, 2006.
Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6327 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.480381 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6327.htm"
} |
FR | FR-2006-04-27/E6-6323 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6323]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP96-200-149]
CenterPoint Energy Gas Transmission Company; Notice of Negotiated
Rate Filing
April 20, 2006.
Take notice that on March 30, 2006, CenterPoint Energy Gas
Transmission Company (CEGT) tendered for filing and approval two
negotiated rate agreements, one between CEGT and Oneok Energy Services
Company, LP, and one between CEGT and Coral Energy Resources, L.P. CEGT
has entered into agreements to provide parking service to these
shippers under Rate Schedule PHS to be effective April 1, 2006.
Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6323 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.496218 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6323.htm"
} |
FR | FR-2006-04-27/E6-6328 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24845-24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6328]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP06-304-000]
Midwestern Gas Transmission Company; Notice of Proposed Changes
in FERC Gas Tariff
April 20, 2006.
Take notice that on April 12, 2006, Midwestern Gas Transmission
Company (Midwestern) tendered for filing to become part of its FERC Gas
Tariff, First Revised Volume No. 1, the following tariff sheets to
become effective May 12, 2006:
First Revised Sheet No. 270.03. Original Sheet No. 270.04.
Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as
[[Page 24846]]
appropriate. Such notices, motions, or protests must be filed in
accordance with the provisions of Sec. 154.210 of the Commission's
regulations (18 CFR 154.210). Anyone filing an intervention or protest
must serve a copy of that document on the Applicant. Anyone filing an
intervention or protest on or before the intervention or protest date
need not serve motions to intervene or protests on persons other than
the Applicant.
The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6328 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.517480 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6328.htm"
} |
FR | FR-2006-04-27/E6-6333 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6333]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP06-125-000]
New England Gas Company, a Division of Southern Union Company and
The Narragansett Electric Company, d/b/a National Grid; Notice of
Application
April 20, 2006.
Take notice that on April 10, 2006, New England Gas Company
(NEGASCO), a division of Southern Union Company, and The Narragansett
Electric Company, d/b/a National Grid (Narragansett) (together,
Applicants), filed with the Federal Energy Regulatory Commission an
abbreviated joint application pursuant to section 7(f) of the Natural
Gas Act, as amended, for an order requesting that the Commission vacate
NEGASCO's section 7(f) service area determination granted by the
Commission in 2004; grant Narragansett a section 7(f) service area
determination, identical to the section 7(f) service area determination
now held by NEGASCO; declare that Narragansett qualifies as a local
distribution company in its service area for purposes of section 311 of
the Natural Gas Policy Act (NGPA); and grant Narragansett a waiver of
the regulatory requirements ordinarily applicable to a ``natural gas
company'' under the NGA and the NGPA, including, but not limited to,
reporting and accounting requirements and charges. These requests are
necessitated by the pending sale of NEGASCO's facilities to
Narragansett. Upon completion of the sale, the Applicants state that
NEGASCO will no longer provide any gas distribution services in the
state of Rhode Island and Narragansett will become the only natural gas
local distribution company in that state, as NEGASCO is now.
This application is on file with the Commission and open for public
inspection. The filings are available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at [email protected] or toll free at (866) 208-3676, or for
TTY, contact (202) 502-8659.
Any questions regarding the application should be direct to Thomas
E. Knight, counsel for NEGASCO, Locke Liddell & Sapp LLP, 901 Fifteenth
Street, NW., Washington, DC 20005, 202-408-7451; or to Roxane Maywalt,
counsel for Narragansett, National Grid USA Service Company, Inc., Law
Dep't A3, 300 Erie Boulevard West, Syracuse, New York 13202, 315-428-
5187.
Any person wishing to obtain legal status by becoming a party to
the proceedings for this project should, on or before the below listed
comment date, file with the Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper, see, 18 CFR 385.2001
(a)(1)(iii) and the instructions on the Commission's Web site under the
``e-Filing'' link. The Commission strongly encourages electronic
filings.
Comment Date: May 11, 2006.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6333 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.554180 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6333.htm"
} |
FR | FR-2006-04-27/E6-6331 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24846-24847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6331]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP06-305-000]
Northern Natural Gas Company; Notice of Filing of DDVC and
Penalty Revenue Crediting Report
April 20, 2006.
Take notice that on April 13, 2006, Northern Natural Gas Company
(Northern) filed various schedules detailing the Penalty and DDVC
revenues for the period November 1, 2004 through October 31, 2005
credited to shippers in accordance with section 57 of the General Terms
and Conditions of its FERC Gas Tariff.
Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission,
[[Page 24847]]
888 First Street, NE., Washington, DC 20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Comment Date: 5 p.m. Eastern Time April 28, 2006.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6331 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.579359 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6331.htm"
} |
FR | FR-2006-04-27/E6-6332 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6332]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP85-60-018]
Overthrust Pipeline Company; Notice of Refund Report
April 20, 2006.
Take notice that on February 1, 2006, Overthrust Pipeline Company
(Overthrust) tendered for filing its refund report. Overthrust states
that the report documents refunds of amounts pertaining to and
detailing the Deferred Income Tax refund payments for the year 2005.
Overthrust states that it is filing the refund report pursuant to a
Commission's order dated May 21, 1991, ``Order Approving Settlement
with Modifications'' in Docket Nos. RP85-60-000 and 002.
Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Comment Date: 5 p.m. Eastern Time on April 26, 2006.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6332 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.605791 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6332.htm"
} |
FR | FR-2006-04-27/E6-6334 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24847-24849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6334]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice of Filings
April 20, 2006.
Take notice that the Commission received the following electric
rate filings
Docket Numbers: ER03-44-004.
Applicants: BOC Energy Services, Inc.
Description: BOC Energy Services Inc submits its petition for
acceptance of its triennial market power analysis and market-based rate
compliance filings.
Filed Date: 04/12/2006.
Accession Number: 20060419-0062.
Comment Date: 5 p.m. eastern time on Wednesday, May 3, 2006.
Docket Numbers: ER05-1076-003; ER05-1082-000; ER05-1082-003
Applicants: Carolina Power & Light Company; Progress Energy
Carolinas, Inc.
Description: Carolina Power & Light Co dba Progress Energy
Carolinas, Inc notifies FERC that they have completed the refunds
required by Commission's 3/21/06 order.
Filed Date: 04/13/2006.
Accession Number: 20060419-0056.
Comment Date: 5 p.m. eastern time on Thursday, May 4, 2006.
Docket Numbers: ER06-553-001.
Applicants: American Electric Power Service Company.
Description: American Electric Power Service Co as agent for
Indiana Michigan Power Co submits its compliance filing pursuant to the
Commission's 3/28/06 order.
Filed Date: 04/13/2006.
Accession Number: 20060419-0055.
Comment Date: 5 p.m. eastern time on Thursday, May 4, 2006.
Docket Numbers: ER06-675-001.
Applicants: Louisville Gas & Electric Company.
Description: LG&E Energy LLC submits a revised letter agreement
with East Kentucky Power Cooperative.
Filed Date: 04/10/2006.
Accession Number: 20060418-0353.
Comment Date: 5 p.m. eastern time on Monday, May 1, 2006.
Docket Numbers: ER06-840-000.
Applicants: Conectiv Energy Supply, Inc.
Description: Conectiv Energy Supply, Inc submits its request for
authorization to make wholesale power sales to Potomac Electric Power
Co.
Filed Date: 04/06/2006.
Accession Number: 20060419-0003.
Comment Date: 5 p.m. eastern time on Thursday, April 27, 2006.
Docket Numbers: ER06-856-000.
Applicants: Tucson Electric Power Company.
Description: Tucson Electric Power Co submits on behalf of the
members of the Southwest Reserve Sharing Group an amendment to Exhibit
A & Exhibit B of the SRSG Participation Agreement.
Filed Date: 04/13/2006.
Accession Number: 20060419-0044.
Comment Date: 5 p.m. eastern time on Thursday, May 04, 2006.
Docket Numbers: ER06-857-000.
Applicants: Energy Resource Management Corp.
Description: Energy Resources Management Corp submits a petition
for acceptance of Initial Rate Schedule FERC 1, waivers and blanket
authority.
Filed Date: 04/13/2006.
Accession Number: 20060419-0045.
Comment Date: 5 p.m. eastern time on Thursday, May 4, 2006.
Docket Numbers: ER06-858-000.
Applicants: Southern California Edison Company.
Description: Southern California Edison Co submits its Sunkist
Wholesale Distribution Load Interconnection Facilities Agreement with
the City of Corona, California.
Filed Date: 04/13/2006.
Accession Number: 20060419-0057.
Comment Date: 5 p.m. eastern time on Thursday, May 4, 2006.
Docket Numbers: ER06-859-000.
Applicants: California Independent System Operator Corporation.
Description: California Independent System Operator Corp submits an
informational filing pursuant to Article IX, Section B of the 5/28/99
Stipulation and Agreement approved on 5/28/99.
[[Page 24848]]
Filed Date: 04/13/2006.
Accession Number: 20060419-0068.
Comment Date: 5 p.m. eastern time on Thursday, May 4, 2006.
Docket Numbers: ER06-860-000.
Applicants: Thoroughbred Generating Company.
Description: Thoroughbred Generating Co submits a notice of
cancellation of its market-based rate tariff, Original Volume No. 1.
Filed Date: 04/13/2006.
Accession Number: 20060419-0058.
Comment Date: 5 p.m. eastern time on Thursday, May 4, 2006.
Docket Numbers: ER06-861-000.
Applicants: Deseret Generation & Transmission Co-operative, Inc.
Description: Deseret Generation & Transmission Co-operative, Inc
submits an amendment to its currently-effective market-based rate
tariff identified as FERC Electric Tariff, First Revised Volume 3 etc,
effective 6/1/06.
Filed Date: 04/12/2006.
Accession Number: 20060419-0059.
Comment Date: 5 p.m. eastern time on Wednesday, May 3, 2006.
Docket Numbers: ER06-862-000.
Applicants: American Electric Power Service Company.
Description: Ohio Power Co et al submit their first version to the
Interconnection Agreement with West Penn Power & Monongahela Power Co.
Filed Date: 04/12/2006.
Accession Number: 20060419-0060.
Comment Date: 5 p.m. eastern time on Wednesday, May 3, 2006.
Docket Numbers: ER06-863-000.
Applicants: PJM Interconnection, LLC.
Description: PJM Interconnection, LLC submits an unexecuted amended
Network Integration Transmission Service Agreement with American
Electric Power Co, effective 3/13/06.
Filed Date: 04/12/2006.
Accession Number: 20060419-0061.
Comment Date: 5 p.m. eastern time on Wednesday, May 3, 2006.
Docket Numbers: ER06-865-000; ER06-315-002.
Applicants: American Electric Power Company.
Description: American Electric Power Service Corp, agent for its
affiliates Ohio Power Co et al requests acceptance of its third revised
Interconnection and Local Delivery Agreement made pursuant to AEP
companies' OATT etc.
Filed Date: 04/10/2006.
Accession Number: 20060414-0307.
Comment Date: 5 p.m. eastern time on Monday, May 1, 2006.
Docket Numbers: ER96-1085-008: ER96-1085-010; EL05-122-000.
Applicants: South Carolina Electric & Gas Company.
Description: South Carolina Electric & Gas Co submits a revised
version of its Negotiated Market Sales Tariff, Fifth Revised Volume No.
2.
Filed Date: 04/12/2006.
Accession Number: 20060419-0053.
Comment Date: 5 p.m. eastern time on Wednesday, May 3, 2006.
Docket Numbers: ER96-1947-018.
Applicants: LS Power Marketing, LLC.
Description: LSPM submits its fourth revised market-based rate
tariff and corrects an inadvertent omission in Section 6 of its tariff.
Filed Date: 04/14/2006.
Accession Number: 20060417-0330.
Comment Date: 5 p.m. eastern time on Friday, May 5, 2006.
Docket Numbers: ER97-4281-015; ER99-2161-006; ER99-3000-005; ER02-
1572-003; ER02-1571-003; ER00-2810-004; ER99-4359-003; ER99-4358-003;
ER99-2168-006; ER99-2162-006; ER00-2807-004; ER00-2809-004; ER00-1259-
005; ER99-4355-003; ER99-4356-003; ER01-1558-003; ER00-3160-005; ER99-
4357-003; ER00-2313-005; ER02-2032-003; ER02-1396-003; ER02-1412-003;
ER00-3718-004; ER99-3637-004; ER99-1712-006; ER00-2808-004
Applicants: NRG Power Marketing, Inc.; Arthur Kill Power LLC;
Astoria Gas Turbines Power LLC; Bayou Cove Peaking Power LLC; Big Cajun
I Peaking Power LLC; Conemaugh Power LLC; Connecticut Jet power LLC;
Devon Power LLC; Dunkirk Power LLC; Huntley Power LLC; Indian River
Power LLC; Keystone Power LLC; Louisiana Generating LLC; Middletown
Power LLC; Montville Power LLC; NEO California Power LLC; NEO Freehold-
Gen LLC, et al; Norwalk Power LLC; NRG Energy Center Paxton LLC; NRG
New Jersey Energy Sales LLC; NRG Rockford LLC; NRG Rockford II LLC; NRG
Sterlington Power LLC; Oswego Harbor Power LLC; Somerset Power LLC;
Vienna Power LLC.
Description: NRG Energy, Inc submits updates to each of these
tariffs incorporating the changes along with redline copies marking
changes from the previously-filed versions under ER97-4281 et al.
Filed Date: 04/17/2006.
Accession Number: 20060418-0224.
Comment Date: 5 p.m. eastern time on Monday, May 8, 2006.
Docket Numbers: ER99-1115-010; ER99-1116-010; ER98-1127-010; ER98-
1796-009.
Applicants: Cabrillo Power I LLC; Cabrillo Power II LLC; El Segundo
Power, LLC; Long Beach Generation; NRG Energy, Inc.
Description: NRG Energy Inc submits updates to each of the WCP
Project Companies tariffs, effective 4/18/06.
Filed Date: 04/17/2006.
Accession Number: 20060418-0225.
Comment Date: 5 p.m. eastern time on Monday, May 8, 2006.
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 Sec.
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 [email protected].
or call
[[Page 24849]]
(866) 208-3676 (toll free). For TTY, call (202) 502-8659.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6334 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.625309 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6334.htm"
} |
FR | FR-2006-04-27/E6-6335 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6335]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. ER02-2074-002, et al.]
Alcoa Power Marketing, Inc., et al.; Electric Rate and Corporate
Filings
April 20, 2006.
The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.
1. Alcoa Power Marketing, Inc., Alcoa Power Generating Inc.
[Docket Nos. ER02-2074-002, ER00-1372-003]
Take notice that on April 13, 2006, Alcoa Power Marketing, Inc. and
Alcoa Power Generating Inc., tendered for filing their updated market
analysis with respect to each company's authority to make sales at
market-based rates.
Comment Date: 5 p.m. Eastern Time on April 28, 2006.
2. PacifiCorp
[Docket No. ER05-554-004]
Take notice that on April 3, 2006, PacifiCorp filed a supplemental
compliance refund report pursuant to the Commission's August 25, 2005
letter order.
Comment Date: 5 p.m. Eastern Time on April 28, 2006.
3. PJM Interconnection, L.L.C.
[Docket No. ER06-657-001]
Take notice that April 14, 2006 PJM Interconnection, L.L.C. filed
an amendment to its February 21, 2006 filing, an executed
interconnection service agreement and an executed construction
agreement with Bethlehem Renewable Energy L.L.C. and PPL Electric
Utilities.
Comment Date: 5 p.m. Eastern Time on May 5, 2006.
4. Bear Energy LP
[Docket No. ER06-864-000]
Take notice that on April 13, 2006, Bear Energy LP tendered for
filing a Notice of Succession as a result of a corporation name change
and a revised Rate Schedule, reflecting the name change.
Comment Date: 5 p.m. Eastern Time on April 28, 2006.
Standard Paragraph
Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6335 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.651741 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6335.htm"
} |
FR | FR-2006-04-27/E6-6324 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24849-24850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6324]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice of Exemption Application Ready for Environmental Analysis,
and Soliciting Comments, Terms and Conditions, and Recommendations
April 20, 2006.
Take notice that the following hydroelectric exemption application
has been filed with the Commission and is available for public
inspection.
a. Type of Application: 5-megawatt (MW) Exemption.
b. Project: West Valley A&B Hydro Project No. 12053-001.
c. Date Filed: July 18, 2003.
d. Applicant: Mr. Nicholas Josten.
e. Location: On the South Fork of the Pit River in Modoc County,
California. The project would be located on approximately 31 acres of
federal lands, managed by Forest Service and Bureau of Land Management.
f. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
g. Applicant Contact: Mr. Nicholas Josten, 2742 Saint Charles Ave,
Idaho Falls, Idaho 83404.
h. FERC Contact: Alan Mitchnick, (202) 502-6074 or
[email protected].
i. Deadline for filing comments, recommendations, and terms and
conditions is 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice. Under
section 30(c) of the Federal Power Act, exemptions are subject to the
mandatory conditioning authority of federal and state fish and wildlife
agencies with respect to the mitigation of project impacts on fish and
wildlife resources.
All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
Comments, recommendations, and terms and conditions may be filed
electronically via the Internet in lieu of paper. The Commission
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site (http://www.ferc.gov)
under the ``eFiling'' link.
j. This application has been accepted for filing and is now ready
for environmental analysis.
k. The proposed project would consist of two developments, West
Valley A and West Valley Alternative B-1. Alternative B-2 has been
deleted from the proposed project (applicant's response to
deficiencies, filed October 25, 2004).
West Valley A run-of river development would have a capacity of
[[Page 24850]]
1.0 MW and would consist of: (1) An existing concrete diversion
structure; (2) an existing intake structure; (3) 11,600 feet of
existing open canal; (4) a proposed concrete overflow structure; (5)
proposed 2,800 feet of new canal; (6) a proposed 400-foot-long
penstock; (7) a proposed powerhouse; (8) a proposed tailrace pipe; (9)
a proposed 3,000-foot-long, 12.3-kilovolt (kV) transmission line; and
(10) appurtenant facilities. The applicant estimates that the total
average annual generation would be 3,300,000 kilowatt-hours (kWh).
West Valley Alternative B-1 run-of-river development would have a
capacity of 1.36 MW and would consists of: (1) The existing West Valley
Dam and outlet works; (2) a new bypass valve attached to the existing
dam outlet pipe; (3) a proposed 2,850-foot-long penstock; (4) a
proposed powerhouse; (5) a proposed tailrace canal; (6) a proposed 4.5-
mile-long, 12.3-kV transmission line; and (7) appurtenant facilities.
The applicant estimates that the total average annual generation would
be 4,730,000 kWh.
l. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at [email protected] or toll-free at 1-
866-208-3676, or for TTY, (202) 502-8659. A copy is also available for
inspection and reproduction at the address in item g. above.
You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
All filings must (1) Bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' or ``TERMS AND
CONDITIONS.'' (2) set forth in the heading the name of the applicant
and the project number of the application to which the filing responds;
(3) furnish the name, address, and telephone number of the person
submitting the filing; and (4) otherwise comply with the requirements
of 18 CFR 385.2001 through 385.2005. All comments, recommendations, or
terms and conditions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. Each
filing must be accompanied by proof of service on all persons listed on
the service list prepared by the Commission in this proceeding, in
accordance with 18 CFR 4.34(b), and 385.2010.
You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
m. Procedural schedule: the Commission staff proposes to issue one
Environmental Assessment (EA) rather than issuing a draft and final EA.
Staff intends to allow 30 days for entities to comment on the EA, and
will take into consideration all comments received on the EA before
final action is taken on the exemption application. The application
will be processed according to the schedule, but revisions to the
schedule may be made as appropriate:
------------------------------------------------------------------------
Action Date
------------------------------------------------------------------------
Ready for Environmental Analysis Notice... April 2006.
Cultural Resources Additional Information July 30, 2006.
due.
Notice of Availability of Environmental September 2006.
Assessment (EA).
Comments on EA due........................ October 2006.
Ready for Commission Decision on November 2006.
Application.
------------------------------------------------------------------------
Magalie R. Salas,
Secretary.
[FR Doc. E6-6324 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.676123 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6324.htm"
} |
FR | FR-2006-04-27/E6-6325 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24850-24851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6325]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments
April 20, 2006.
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
a. Type of Application: Preliminary Permit.
b. Project No.: 12635-000.
c. Date filed: January 3, 2006.
d. Applicant: Moriah Hydro Corporation.
e. Name and Location of Project: The proposed Mineville Pumped
Storage Project would be located in the existing Old Bed, New Bed, and
Harmony Mines within the town of Moriah in Essex County, New York. The
mines are owned by X-Earth Corporation of Elizabethtown, New York, and
by Rhodia Corporation of Cranbury, New Jersey.
f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
g. Applicant Contact: Mr. James A. Besha, P.E., Moriah Hydro
Corporation, c/o Albany Engineering Corporation, 455 New Karner Road,
Albany, NY 12205, (518) 456-7712.
h. FERC Contact: Tom Papsidero, (202) 502-6002.
i. Deadline for filing motions to intervene, protests and comments:
60 days from the issuance date of this notice.
All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12635-000) on any comments or motions filed.
The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
j. Description of Project: The proposed pumped storage project
would consist of the following: (1) An upper reservoir using the
existing +200 level of the underground Harmony Mine having a surface
area of 99 acres, with a storage capacity of 1,900 acre-feet and a
normal water surface elevation of 200 feet NGVD, (2) a lower reservoir
using the existing underground -1185 level of the Harmony Mine having a
surface area of 75 acres, with a storage capacity of 2,500 acre-feet
and a normal water surface elevation of -1,135 feet NGVD, (3) seven
identical 1000-foot-long, 96-inch-diameter vertical bored penstocks
with grouted steel casing, (4) a proposed powerhouse containing seven
generating units having a total installed capacity of 189 MW; (5) a
proposed 1-mile-long, 115 kV transmission line; and (6) appurtenant
facilities.
[[Page 24851]]
The project would have an annual generation of 650 GWh, which would
be sold to a local utility.
k. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3676 or e-mail
[email protected]. For TTY, call (202) 502-8659. A copy is
also available for inspection and reproduction at the address in item g
above.
l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
p. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
s. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
Magalie R. Salas,
Secretary.
[FR Doc. E6-6325 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.707949 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6325.htm"
} |
FR | FR-2006-04-27/E6-6326 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24851-24852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6326]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RM98-1-000]
Records Governing Off-the-Record Communications; Public Notice
April 20, 2006.
This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
Exempt off-the-record communications are included in the
[[Page 24852]]
decisional record of the proceeding, unless the communication was with
a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
[email protected] or toll free at (866) 208-3676, or for TTY,
contact (202) 502-8659.
----------------------------------------------------------------------------------------------------------------
Date
Docket number received Presenter or requester
----------------------------------------------------------------------------------------------------------------
Exempt:
1. IS06-191-000............................... 4-4-06 Hon. James W. Crawford, Jr.
2. IS06-191-000............................... 4-4-06 Hon. Terry C. Burton.
3. P-459-128.................................. 4-3-06 Robert C. Burk.
4. P-459-128.................................. 4-3-06 Charles N. Clark.
5. P-459-128.................................. 4-3-06 Dr. Robert H. and Anna M. Fuchs.
6. P-459-128.................................. 4-3-06 Larry Oth/Brent Calvert.
7. P-459-128.................................. 4-10-06 Hon. Matt Blunt.
8. P-11841-002................................ 4-14-06 Kenneth Hogan.
----------------------------------------------------------------------------------------------------------------
Magalie R. Salas,
Secretary.
[FR Doc. E6-6326 Filed 4-26-06; 8:45 am]
BILLING CODE 6717-01-P | usgpo | 2024-10-08T14:08:33.727321 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6326.htm"
} |
FR | FR-2006-04-27/E6-6363 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24852-24854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6363]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2005-0026; FRL-8162-4]
Tribal 106 Grant Guidance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: This document provides notice of availability for public
comment of the draft Guidance on Awards of Grants to Indian Tribes
under Section 106 of the Clean Water Act for Fiscal Year 2007 and
Future Years. This draft Guidance provides the Environmental Protection
Agency and Tribes with a consistent framework of procedures and
guidelines for awarding and administering grants to federally
recognized Tribes under the authority of Section 106 of the Clean Water
Act. Specifically, the draft Guidance will assist Tribal water quality
program managers, staff, and other Tribal environmental decision-makers
in designing and implementing an effective and successful water quality
program utilizing Section 106 funds. The draft 106 Tribal Guidance is
for Tribal water quality programs at all levels of sophistication and
development. For new programs, it explains how to successfully initiate
and develop a water quality program. For Tribes with well-established
programs, it contains information on expanding a water quality program.
To meet the needs of Tribes at all levels of development, the draft
Guidance presents the basic steps a Tribe would take to collect the
information it will need to make effective decisions about its program,
its goals, and its future direction. The final Guidance will take
effect for grants issued by the Environmental Protection Agency's
Regional offices in fiscal year 2007. A Notice of its Availability will
be published in the Federal Register. This action affects all Tribal
environmental programs that receive Section 106 Tribal grants.
DATES: Comments must be received on or before June 26, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2005-0026, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected] Attention Docket ID No. OW-2005-
0026
Fax: (202) 566-1749
Mail: Water Docket, Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, EPA West, Room B102,
1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No.
OW-2005-0026. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2005-
0026. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to Unit I.1 of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index,
[[Page 24853]]
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Water
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Water Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office
of Wastewater Management, 4201M, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-8831; fax number: (202) 501-2399; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
Affected Entities: Tribes that are eligible to receive grants under
Section 106 of the Clean Water Act.
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date, and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives;
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period
deadline identified.
3. Specific Questions EPA is Soliciting for Tribal Comment. In
addition to overall general comments on any/all portions of the
Guidance, EPA is specifically requesting Tribal comment on the
following five questions:
(1) Does the proposed Guidance structure, offering three paths
(non-regulatory, tribal water quality standards, regulation-based water
quality controls) and three program activity levels (fundamental,
intermediate, and mature) provide Tribes appropriate direction and
flexibility for developing and implementing surface water quality
protection programs?
(2) Does the title of Chapter 5, Non-Regulatory Approach,
accurately portray the substantive programmatic elements found in the
chapter?
(3) Do the basic minimum nine reporting requirements for
monitoring, listed in Chapter 8, seem reasonable/compatible with the
various maturity levels of Tribal water quality programs?
(4) What is the estimated Tribal cost to sample for the nine basic
parameters?
(5) What type of technical assistance, if any, would your Tribe
need to receive from EPA in order to comply with the monitoring and
reporting requirements associated with the Guidance (see Chapter 8)?
II. Background
Over the past 10 years, funding available for Section 106 grants to
Indian Tribes has increased from $3 million to $25 million per year.
The draft Guidance provides a framework for evaluating national program
results and more clearly defines expectations and requirements for
Tribal Section 106 grant recipients. This document is an effort to
provide unified guidance that helps Tribes develop and implement water
quality programs and defines what EPA expects from Tribal programs. It
provides an overview of all programmatic and technical requirements,
discusses some common considerations across programs, and links to
technical resources available to develop Tribal programs. The draft
Guidance outlines new reporting requirements and data management
expectations for all Tribal programs receiving Section 106 funds. Data
collected as a result of the new reporting requirements will help EPA
measure environmental results of the Section 106 Tribal Program and
comply with the Government Performance and Results Act (GPRA) and other
federal mandates. The draft Guidance can be found at the Environmental
Protection Agency's Web site at http://www.epa.gov/owm/cwfinance/106tgg07.htm, or by contacting the point of contact listed under the
section entitled FOR FURTHER INFORMATION CONTACT.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) or sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
Although this action does not generally create new binding legal
requirements, where it does, such requirements do not substantially and
directly affect Tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Informal consultation has been ongoing with Tribes,
and a formal comment period will be initiated with the release of this
notice. This action will not have federalism implications, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action is
not subject to Executive Order 13211, ``Actions Concerning Regulations
that Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866. This action does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq.,
generally provides that before certain
[[Page 24854]]
actions may take effect, the agency promulgating the action must submit
a report, which includes a copy of the action, to each House of the
Congress and to the Comptroller General of the United States. Since
this grant action contains legally binding requirements, it is subject
to the Congressional Review Act, and EPA will submit its final action
in its report to Congress under the Act.
Dated: April 20, 2006.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
[FR Doc. E6-6363 Filed 4-26-06; 8:45 am]
BILLING CODE 6560-50-P | usgpo | 2024-10-08T14:08:33.747500 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6363.htm"
} |
FR | FR-2006-04-27/06-4035 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4035]
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FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
DATE AND TIME: Tuesday, May 2, 2006 at 10 a.m.
PLACE: 999 E Street, NW., Washington, DC.
STATUS: This meeting will be closed to the public.
Items To Be Discussed
Compliance matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C. 437g, section 438(b), and
Title 26, U.S.C.
Matters concerning participation in civil actions or proceedings or
arbitration.
Internal personnel rules and procedures or matters affecting a
particular employee.
* * * * *
DATE AND TIME: Thursday, May 4, 2006 at 10 a.m.
PLACE: 999 E Street, NW., Washington, DC (ninth floor).
STATUS: This meeting will be open to the public.
Items To Be Discussed
Correction and Approval of Minutes.
Advisory Opinion 2006-08: Matthew Brooks by counsel, Craig Engle.
Advisory Opinion 2006-13: Dennis Spivak by counsel, Neil Reiff.
Report of the Audit Division on the New Democrat Network.
Routine Administrative Matters.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Biersack, Press Officer,
Telephone: (202) 694-1220.
Mary W. Dove,
Secretary of the Commission.
[FR Doc. 06-4035 Filed 4-25-06; 3:22 pm]
BILLING CODE 6715-01-M | usgpo | 2024-10-08T14:08:33.768463 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-4035.htm"
} |
FR | FR-2006-04-27/E6-6350 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6350]
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FEDERAL MARITIME COMMISSION
Notice of Request for Additional Information
The Commission gives notice that it has requested that the parties
to the below listed agreement provide additional information pursuant
to section 6(d) of the Shipping Act of 1984, 46 U.S.C. app. 1701 et
seq. This action prevented the agreement from becoming effective as
originally scheduled. Interested parties will have fifteen days from
date of publication to file comments on the agreement.
Agreement No.: 011950.
Title: HSDG/FOML Agreement.
Parties: Hamburg-Sud and FESCO Ocean Management, Limited.
By order of the Federal Maritime Commission.
Dated: April 24, 2006.
Bryant L. VanBrakle,
Secretary.
[FR Doc. E6-6350 Filed 4-26-06; 8:45 am]
BILLING CODE 6730-01-P | usgpo | 2024-10-08T14:08:33.779452 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6350.htm"
} |
FR | FR-2006-04-27/E6-6360 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6360]
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GENERAL SERVICES ADMINISTRATION
Office of Small Business Utilization; Small Business Advisory
Committee
Notification of a Public Meeting of the Small Business Advisory
Committee
AGENCY: Office of Small Business Utilization, GSA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is announcing a
public meeting of the GSA Small Business Advisory Committee (the
Committee).
DATES: The meeting will take place May 15, 2006. The meeting will begin
9:00 a.m. and conclude no later than 5:00 p.m. that day. The Committee
will accept oral public comments at this meeting and has reserved a
total of thirty minutes for this purpose. Members of the public wishing
to reserve speaking time must contact Aaron Collmann in writing at:
[email protected] or by fax at (202) 501-2590, no later than one week prior
to the meeting.
ADDRESSES: GSA Expo 2006, Henry B. Gonzalez Convention Center Room
007A, 200 E. Market St., San Antonio, TX 78205.
FOR FURTHER INFORMATION CONTACT: Aaron Collmann, Room 6029, GSA
Building, 1800 F Street, NW., Washington, DC 20405 (202) 501-1021 or
email at [email protected].
SUPPLEMENTARY INFORMATION: This notice is published in accordance with
the provisions of the Federal Advisory Committee Act (FACA) (Pub. L.
92-463). The purpose of this meeting is to develop the topics generated
during the previous meeting February 21-22, 2006; to receive briefings
from small business topical experts, and to hear from interested
members of the public on proposals to improve GSA's small business
contracting performance. Topics to be discussed from the previous
meeting may include, but are not limited to, Size Certification,
Contract Bundling, and the GSA Schedules Program. Information from
previous meetings can be found online at http://www.gsa.gov/sbac.
Dated: April 21, 2006
Felipe Mendoza,
Associate Administrator, Office of Small Business Utilization, General
Services Administration.
[FR Doc. E6-6360 Filed 4-26-06; 8:45 am]
BILLING CODE 6820-34-S | usgpo | 2024-10-08T14:08:33.799686 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6360.htm"
} |
FR | FR-2006-04-27/E6-6311 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24854-24855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6311]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Solicitation of Nominations for Membership on the Secretary's
Advisory Committee on Human Research Protections
AGENCY: Office of Public Health and Science, Office of the Secretary,
HHS.
ACTION: Notice.
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Authority: 42 U.S.C. 217a, section 222 of the Public Health
Service Act, as amended. The Committee is governed by the provisions
of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets
forth standards for the formation and use of advisory committees.
SUMMARY: The Office for Human Research Protections (OHRP), a program
office in the Office of Public Health and Science, Department of Health
and Human Services (HHS), is seeking nominations of qualified
candidates to be considered for appointment as members of the
Secretary's Advisory Committee on Human Research Protections (SACHRP).
SACHRP provides advice and recommendations to the Secretary, HHS, and
the Assistant Secretary for Health on matters pertaining to the
continuance and improvement of functions within the authority of HHS
directed toward protections for human subjects in research. SACHRP was
established by the Secretary, HHS, on October 1, 2002. OHRP is seeking
nominations of qualified candidates to fill four
[[Page 24855]]
positions on the Committee membership that will become vacant on
January 3, 2007.
DATES: Nominations for membership on the Committee must be received no
later than May 30, 2006.
ADDRESSES: Nominations should be mailed or delivered to: Dr. Bernard
Schwetz, Director, Office for Human Research Protections, Department of
Health and Human Services, 1101 Wootton Parkway, Suite 200; Rockville,
MD 20852. Nominations will not be accepted by e-mail or by facsimile.
FOR FURTHER INFORMATION CONTACT: Ms. Catherine Slatinshek, Executive
Director, SACHRP, Office for Human Research Protections, 1101 Wootton
Parkway, Suite 200, Rockville, MD 20852, telephone: 1-240-453-6900. A
copy of the Committee charter and list of the current membership can be
obtained by contacting Ms. Slatinshek or by accessing the SACHRP Web
site at http://www.hhs.gov/ohrp/sachrp, or requesting via e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: The Committee shall advise on matters
pertaining to the continuance and improvement of functions within the
authority of HHS directed toward protections for human subjects in
research. Specifically, the Committee will provide advice relating to
the responsible conduct of research involving human subjects with
particular emphasis on: Special populations, such as neonates and
children, prisoners, and the decisionally impaired; pregnant women,
embryos, and fetuses; individuals and populations in international
studies; populations in which there are individually identifiable
samples, data, or information; and investigator conflicts of interest.
In addition, the Committee is responsible for reviewing selected
ongoing work and planned activities of the OHRP and other offices/
agencies within HHS responsible for human subjects protection. These
evaluations may include, but are not limited to, a review of assurance
systems, the application of minimal research risk standards, the
granting of waivers, education programs sponsored by OHRP, and the
ongoing monitoring and oversight of institutional review boards and the
institutions that sponsor research.
Nominations
The Office for Human Research Protections is requesting nominations
to fill four positions for voting members of SACHRP. The positions will
become vacant on January 3, 2007. Nominations of potential candidates
for consideration are being sought from a wide array of fields,
including, but not limited to public health and medicine, behavioral
and social sciences, health administration, and biomedical ethics. To
qualify for consideration of appointment to the Committee, an
individual must possess demonstrated experience and expertise in any of
the several disciplines and fields pertinent to human subjects
protection and/or clinical research.
The individuals selected for appointment to the Committee will
serve as voting members. The individuals selected for appointment to
the Committee can be invited to serve a term of up to four years.
Committee members receive a stipend and, when applicable, reimbursement
for per diem and any travel expenses incurred, for attending Committee
meetings and conducting other business in the interest of the
Committee.
Nominations should be typewritten. The following information should
be included in the package of material submitted for each individual
being nominated for consideration: (1) A letter of nomination that
clearly states the name and affiliation of the nominee, the basis for
the nomination (i.e., specific attributes which qualify the nominee for
service in this capacity), and a statement that the nominee is willing
to serve as a member of the Committee; (2) the nominator's name,
address, and daytime telephone number, and the home and/or work
address, telephone number, and e-mail address of the individual being
nominated; and (3) a current copy of the nominee's curriculum vitae.
The names of Federal employees should not be nominated for
consideration of appointment to this Committee.
The Department makes every effort to ensure that the membership of
HHS Federal advisory committees is fairly balanced in terms of points
of view represented and the committee's function. Every effort is made
to ensure that a broad representation of geographic areas, females,
ethnic and minority groups, and the disabled are given consideration
for membership on HHS Federal advisory committees. Appointment to this
Committee shall be made without discrimination on the basis of age,
race, ethnicity, gender, sexual orientation, disability, and cultural,
religious, or socioeconomic status.
Nominations must state that the nominee is willing to serve as a
member of SACHRP and appears to have no conflict of interest that would
preclude membership. Potential candidates are required to provide
detailed information concerning such matters as financial holdings,
consultancies, and research grants or contracts to permit evaluation of
possible sources of conflict of interest.
Dated: April 21, 2006.
Bernard A. Schwetz,
Director, Office for Human Research Protections, Executive Secretary,
Secretary's Advisory Committee on Human Research Protections.
[FR Doc. E6-6311 Filed 4-26-06; 8:45 am]
BILLING CODE 4150-36-P | usgpo | 2024-10-08T14:08:33.814773 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6311.htm"
} |
FR | FR-2006-04-27/E6-6349 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24855-24856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6349]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
National Center for Injury Prevention and Control Initial Review
Group
In accordance with section 10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92-463), the Centers for Disease Control and
Prevention (CDC) announce the following meeting:
Name: National Center for Injury Prevention and Control (NCIPC)
Initial Review Group (IRG)
Times and Dates: 10 a.m.-10:30 p.m., May 23, 2006. 8 a.m.-6:30
p.m., May 24, 2006. 8:30 a.m.-6 p.m., May 25, 2006.
Place: Doubletree Club Atlanta Airport, 3400 Norman Berry Drive,
Atlanta, GA 30344.
Status: Open: 10 a.m.-11 a.m., May 23, 2006, Closed: 11 a.m.-
10:30 p.m., May 23, 2006, Closed: 8 a.m.-6:30 p.m., May 24, 2006,
Closed: 8:30 a.m.-6 p.m., May 25, 2006.
Purpose: This group is charged with providing advice and
guidance to the Secretary, Department of Health and Human Services
and the Director, CDC, concerning the scientific and technical merit
of grant and cooperative agreement applications received from
academic institutions and other public and private profit and
nonprofit organizations, including State and local government
agencies, to conduct specific injury research that focuses on
prevention and control.
Matters to be Discussed: Agenda items include an overview of the
injury program, discussion of the review process and panelists'
responsibilities, and the review of and vote on applications.
Beginning at 11 a.m., May 23, through 6 p.m., May 25, the Group will
review individual research grant and cooperative agreement
applications submitted in response to two Fiscal Year 2006 Requests
for Applications related to the following individual research
announcements: 06008, Urban Partnership Academic Center of
Excellent and 06006, Parenting Programs in the Prevention
of Child Maltreatment. This portion of the meeting will be closed to
the public in accordance with provisions set forth in
[[Page 24856]]
section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination
of the Director, Management Analysis and Services Office, CDC,
pursuant to section 10(d) of Public Law 92-463.
Agenda items are subject to change as priorities dictate.
For Further Information Contact: Gwendolyn H. Cattledge, Ph.D.,
M.S.E.H., Executive Secretary, NCIPC IRG, CDC, 4770 Buford Highway,
NE., M/S K02, Atlanta, Georgia 30341-3724, telephone (770) 488-1430.
The Director, Management Analysis and Services Office has been
delegated the authority to sign Federal Register notices pertaining
to announcements of meetings and other committee management
activities for both CDC and the Agency for Toxic Substances and
Disease Registry.
Dated: April 20, 2006.
Alvin Hall,
Director, Management Analysis and Services Office, Centers for Disease
Control and Prevention.
[FR Doc. E6-6349 Filed 4-26-06; 8:45 am]
BILLING CODE 4163-18-P | usgpo | 2024-10-08T14:08:33.841499 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6349.htm"
} |
FR | FR-2006-04-27/E6-6370 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6370]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 2006F-0059]
Danisco USA, Inc.; Filing of Food Additive Petition; Amendment
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the filing
notice for a food additive petition filed by Danisco USA, Inc., to
indicate that the petition proposes to amend the food additive
regulations at 21 CFR 172.841 by incorporating by reference the
specifications for polydextrose in the 5th edition of the Food
Chemicals Codex (FCC), 2003.
ADDRESSES: Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Paul C. DeLeo, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1302.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of February 15, 2006 (71 FR 7975), FDA announced that a food
additive petition (FAP 6A4763) had been filed by Danisco USA, Inc., 440
Saw Mill River Rd., Ardsley, NY 10502-2605. The petition proposed to
amend the food additive regulations in Sec. 172.841 Polydextrose (21
CFR 172.841) to provide for the safe use of polydextrose as a bulking
agent, formulation aid, humectant, and texturizer in all foods, except
meat and poultry. After publication of the filing notice, FDA learned
that the petition also proposed to update Sec. 172.841 by
incorporating by reference the specifications for polydextrose in the
FCC, 5th ed., 2003. Currently, Sec. 172.841 incorporates by reference
the specifications of FCC, 4th ed., 1996.
The agency compared specifications in the monograph for
polydextrose in the 4th and 5th editions of the FCC and found that the
5th edition retains the lead limit of 0.5 milligram(mg)/ kilogram(kg),
but no longer lists a specification limit of 5 mg/kg for heavy metals
as lead. The 5th edition of the FCC eliminated the heavy metals as lead
test from most monographs in favor of including individual
specifications for relevant heavy metals. In addition, the 5th edition
added a nickel specification of 2 mg/kg for hydrogenated polydextrose,
as well as modified the pH specification of a 10 percent solution of
untreated polydextrose from ``not less than 2.5'' (4th edition) to
``between 2.5 and 7.0'' (5th edition). The name of the specification
for 5-Hydroxymethylfurfural has also changed from ``5-
Hydroxymethylfurfural'' (4th edition) to ``5-Hydroxymethylfurfural and
Related Compounds'' (5th edition), although the test and equation used
to determine the level have remained the same. The agency has placed
copies of the polydextrose monograph in the 4th and 5th editions of the
FCC on public display at the Division of Dockets Management (see
ADDRESSES) for public review.
Dated: March 30, 2006.
Laura M. Tarantino,
Director, Office of Food Additive Safety, Center for Food Safety and
Applied Nutrition.
[FR Doc. E6-6370 Filed 4-26-06; 8:45 am]
BILLING CODE 4160-01-S | usgpo | 2024-10-08T14:08:33.859254 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6370.htm"
} |
FR | FR-2006-04-27/E6-6312 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24856-24857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6312]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 2005D-0202]
Guidance for Industry on Bar Code Label Requirements--Questions
and Answers; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Bar Code Label
Requirements--Questions and Answers.'' FDA regulations require certain
human drug and biological products to have on their labels a linear bar
code that identifies the drug's National Drug Code (NDC) number. We
have received several inquiries about how the requirements apply to
specific products or circumstances. The purpose of the guidance is to
respond to the questions.
DATES: Submit written or electronic comments on agency guidances at any
time.
ADDRESSES: Submit written requests for single copies of this guidance
to the Division of Drug Information (HFD-240), Center for Drug
Evaluation and Research, Food and Drug Administration, 5600 Fishers
Lane, Rockville, MD 20857; or the Office of Communication, Training,
and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation
and Research, Food and Drug Administration, 1401 Rockville Pike,
Rockville, MD 20852-1448. Send one self-addressed adhesive label to
assist that office in processing your requests. Submit written comments
on the guidance to the Division of Dockets Management (HFA-305), Food
and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD
20852. Submit electronic comments to http://www.fda.gov/dockets/ecomments. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
FOR FURTHER INFORMATION CONTACT: For products regulated by the Center
for Drug Evaluation and Research: Valerie L. Whipp, Center for Drug
Evaluation and Research (HFD-310), Food and Drug Administration, 11919
Rockville Pike, Rockville, MD 20852, 301-827-8963. For products
regulated by the Center for Biologics Evaluation and Research:
Elizabeth Callaghan, Center for Biologics Evaluation and Research (HFM-
370), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD
20852, 301-827-8963.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a guidance for industry
entitled ``Bar Code Label Requirements--Questions and Answers.'' In the
Federal Register of February 26, 2004 (69 FR 9120), FDA issued a final
rule that requires certain human drug and biological product
[[Page 24857]]
labels to have a bar code containing the drug's NDC number. Bar codes
will help reduce the number of medication errors in hospitals and other
health care settings by allowing health care professionals to use bar
code scanning equipment to verify that the right drug (in the right
dose and right route of administration) is being given to the right
patient at the right time. This guidance is intended to explain certain
bar code labeling requirements and their application to human drug and
biological products.
In the Federal Register of June 7, 2005 (70 FR 33182), FDA
announced the availability of a draft version of this guidance. FDA
received comments in response to the draft guidance. The agency has
considered those comments carefully and has revised the answer to
Question 7 (which has been renumbered to Question 9) regarding the
application of the 2-year implementation date. In response to recent
inquiries from a trade association, the agency has also added Questions
3 and 4 regarding the application of the bar code labeling requirements
to over-the-counter drug products. In addition, the agency has made
minor editorial changes to the guidance.
This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on certain questions and answers on bar code
labeling requirements. It does not create or confer any rights for or
on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.
II. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
III. Electronic Access
Persons with access to the Internet may obtain the document at
http://www.fda.gov/cder/guidance/index.htm, http://www.fda.gov/cber/guidelines.htm, or http://www.fda.gov/ohrms/dockets/default.htm.
Dated: April 20, 2006.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E6-6312 Filed 4-26-06; 8:45 am]
BILLING CODE 4160-01-S | usgpo | 2024-10-08T14:08:33.880034 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6312.htm"
} |
FR | FR-2006-04-27/E6-6314 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24857-24858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6314]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 2006D-0108]
Draft ``Guidance for Industry: Informed Consent Recommendations
for Source Plasma Donors Participating in Plasmapheresis and
Immunization Programs;'' Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft document entitled ``Guidance for Industry:
Informed Consent Recommendations for Source Plasma Donors Participating
in Plasmapheresis and Immunization Programs,'' dated April 2006. The
draft guidance document further explains the requirements on informed
consent as they relate to plasmapheresis and immunization programs. The
draft guidance document is designed to assist blood establishments
planning to apply for licensure or those revising their existing
informed consent forms in determining whether the documents include all
the appropriate information. This draft guidance, when finalized, will
supersede the draft guidance document entitled ``Draft Reviewer's
Guide: Informed Consent for Plasmapheresis/Immunization,'' dated
October 1995.
DATES: Submit written or electronic comments on the draft guidance by
July 26, 2006 to ensure their adequate consideration in the preparation
of the final guidance. General comments on agency guidance documents
are welcome at any time.
ADDRESSES: Submit written requests for single copies of the draft
guidance to the Office of Communication, Training, and Manufacturers
Assistance (HFM-40), Center for Biologics Evaluation and Research
(CBER), Food and Drug Administration, 1401 Rockville Pike, Rockville,
MD 20852-1448. Send one self-addressed adhesive label to assist the
office in processing your requests. The draft guidance may also be
obtained by mail by calling the CBER Voice Information System at 1-800-
835-4709 or 301-827-1800. See the SUPPLEMENTARY INFORMATION section for
electronic access to the guidance document.
Submit written comments on the draft guidance to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.fda.gov/dockets/ecomments.
FOR FURTHER INFORMATION CONTACT: Joseph L. Okrasinski Jr., Center for
Biologics Evaluation and Research (HFM-17), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448, 301-827-6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft document entitled
``Guidance for Industry: Informed Consent Recommendations for Source
Plasma Donors Participating in Plasmapheresis and Immunization
Programs,'' dated April 2006. The draft guidance further explains the
requirements under part 640 (21 CFR part 640) in 21 CFR 640.61 for the
informed consent forms for the donors as they relate to plasmapheresis
and immunization programs. The information in the draft guidance will
assist those establishments applying for licensure as well as those
establishments that are revising their existing informed consent forms.
The draft guidance discusses information that is recommended for the
informed consent forms. This information includes, but is not limited
to, the following: Clarity of the language in the informed consent
form, length and frequency of the procedures, possible adverse
reactions, side affects that may occur, opportunities to ask questions,
and discussion concerning Acquired Immunodeficiency Syndrome (AIDS).
Also discussed in the draft guidance is the use of a separate informed
consent form for a donor who is participating in an immunization
program including one which involves an Investigational New Drug (IND),
and its recommended informational content, such as the discussion of
the general risks and precautions involved, and suggestions for the
health and welfare of the participants. This draft guidance when
finalized will supersede the draft guidance document entitled, ``Draft
Reviewer's Guide: Informed Consent for Plasmapheresis/Immunization,''
dated October 1995.
The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will
[[Page 24858]]
represent the agency's current thinking on this topic. It does not
create or confer any rights for or on any person and does not operate
to bind FDA or the public. An alternative approach may be used if such
approach satisfies the requirements of the applicable statutes and
regulations.
II. Paperwork Reduction Act
This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collection of information under Sec. Sec. 640.61 and 640.66 was
approved under OMB control number 0910-0116.
III. Comments
The draft guidance is being distributed for comment purposes only
and is not intended for implementation at this time. Interested persons
may submit written or electronic comments to the Division of Dockets
Management (see ADDRESSES) regarding the draft guidance. Submit written
or electronic comments to ensure adequate consideration in preparation
of the final guidance. Submit a single copy of electronic comments or
two paper copies of any mailed comments, except that individuals may
submit one paper copy. Comments are to be identified with the docket
number found in the brackets in the heading of this document. A copy of
the guidance and received comments are available for public examination
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
IV. Electronic Access
Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/cber/guidelines.htm or http://www.fda.gov/ohrms/dockets/default.htm.
Dated: April 19, 2006.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E6-6314 Filed 4-26-06; 8:45 am]
BILLING CODE 4160-01-S | usgpo | 2024-10-08T14:08:33.904906 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6314.htm"
} |
FR | FR-2006-04-27/E6-6313 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24858-24859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6313]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
C.W. Bill Young Cell Transplantation Program: National Cord Blood
Inventory; Recognition of Cord Blood Bank Accreditation Program(s)
AGENCY: Health Resources and Services Administration (HRSA), HHS.
ACTION: Notice of opportunity for public comment through conference
calls.
-----------------------------------------------------------------------
SUMMARY: Public Law 109-129 requires the Secretary of Health and Human
Services to recognize one or more cord blood accreditation entities for
the accreditation of cord blood banks participating in the collection
and maintenance of umbilical cord blood units for the National Cord
Blood Inventory. These cord blood units will be made available for
unrelated donor blood stem cell transplants through the C.W. Bill Young
Cell Transplantation Program. The HRSA, Healthcare Systems Bureau
(HSB), Division of Transplantation (DoT) is in the process of
information-gathering to assist in the determination of which cord
blood bank accreditation program(s) to recognize on an interim basis
for the initial cycle of funding for the National Cord Blood Inventory.
The purpose of this solicitation is to receive public input on the
following: (1) Approaches to accreditation required to ensure quality
cord blood bank operations (including collection sites); (2)
Utilization of accreditation programs to ensure product quality and
best practices; (3) Degree to which accreditation standards are
evidence based and supported by published literature; (4) Extent to
which accreditation standards allow for variations in cord blood bank
practices; (5) Criteria for the Secretary to consider in recognizing
cord blood bank accrediting programs for the National Cord Blood
Inventory, C.W. Bill Young Cell Transplantation Program.
The HRSA intends for this interim process to be followed by a
formal, more comprehensive recognition process that will include input
from both the Advisory Council, once it is established, and the
interested public as required in the legislation. The purpose of this
Notice is to invite interested parties to register for and participate
in either of two conference calls, described below, that HRSA is
scheduling to obtain comment on factors relevant to determining which
accrediting organization(s) to recognize for the initial cycle of
funding under the National Cord Blood Inventory.
DATES: The conference calls will be held on May 9, 2006, at 2 to 4 p.m.
e.s.t. and May 15, 2006, at 2 p.m. to 4 p.m. e.s.t. Participants are
asked to register for the conference by contacting Anita Wabeke at
(301) 443-4747 or e-mail [email protected]. The registration deadline is
May 3, 2006 for both conferences. Registration is not guaranteed; it is
on a first come basis. Since the topics listed above will be discussed
on both calls, and to facilitate hearing all points of view, HRSA
requests that organizations and individuals wishing to participate do
so in only one of the calls. Due to the limited number of lines
available for the calls, organizations with multiple participants are
encouraged to register for one line to allow maximum participation from
all interested parties. Parties wishing to submit written comments
should ensure that the comments are postmarked or E-mailed no later
than May 17, 2006 for consideration.
ADDRESSES: Please send all written comments to James F. Burdick, M.D.,
Director, DoT, HSB, HRSA, Room 12C-06, Parklawn Building, 5600 Fishers
Lane, Rockville, Maryland 20857; telephone (301) 443-7577; fax (301)
594-6095; or e-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: James F. Burdick, M.D., Director, DoT,
HSB, HRSA, Parklawn Building, Room 12C-06, 5600 Fishers Lane,
Rockville, Maryland 20857; telephone (301) 443-7577; fax (301) 594-
6095; or e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2005, the Stem Cell Therapeutic Act of 2005 was
enacted as Public Law 109-129. The Act authorizes the establishment of
the National Cord Blood Inventory and the C.W. Bill Young Cell
Transplantation Program as the successor to the National Bone Marrow
Donor Registry. The National Cord Blood Inventory is to be a high
quality, genetically diverse inventory of cord blood units for patients
who need a blood stem cell transplant and who lack an available related
donor. The cord blood units in the National Cord Blood Inventory will
be made available for transplantation through the C.W. Bill Young Cell
Transplantation Program. Cord blood banks collecting and maintaining
units for the National Cord Blood Inventory must meet the statutory
definition of a qualified cord blood bank, which includes a requirement
that cord blood banks be accredited by an
[[Page 24859]]
accreditation entity recognized by the Secretary for this purpose.
Program Authority
The C.W. Bill Young Cell Transplantation Program is authorized by
Public Law 109-129, which amends Part I of the Public Health Service
Act.
Dated: April 20, 2006.
Elizabeth M. Duke,
Administrator.
[FR Doc. E6-6313 Filed 4-26-06; 8:45 am]
BILLING CODE 4165-15-P | usgpo | 2024-10-08T14:08:33.926691 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6313.htm"
} |
FR | FR-2006-04-27/06-3994 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. NCS-2006-0004]
Preparedness Directorate; National Security Telecommunications
Advisory Committee
AGENCY: Preparedness Directorate, DHS.
ACTION: Notice of partially closed advisory committee meeting.
-----------------------------------------------------------------------
SUMMARY: The President's National Security Telecommunications Advisory
Committee (NSTAC) will meet in a partially closed session.
DATES: Wednesday, May 10, 2006, from 9:15 a.m. until 3:30 p.m.
ADDRESSES: The meeting will take place at the Ronald Reagan Building
and International Trade Center, Washington, DC. If you desire to submit
comments, they must be submitted by May 2, 2006. Comments must be
identified by NCS-2006-0004 and may be submitted by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include docket number in the
subject line of the message.
Mail: Office of the Manager, National Communications
System (N5), Department of Homeland Security, Washington, DC 20529.
Instructions: All submissions received must include the words
``Department of Homeland Security'' and NCS-2006-0004, the docket
number for this action. Comments received will be posted without
alteration at http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received by the NSTAC, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Kiesha Gebreyes, Chief, Industry
Operations Branch at (703) 235-5525, e-mail: [email protected] or
write the Deputy Manager, National Communications System, Department of
Homeland Security, IP/NCS/N5.
SUPPLEMENTARY INFORMATION: The NSTAC advises the President of the
United States on issues and problems related to implementing national
security and emergency preparedness (NS/EP) telecommunications policy.
Notice of this meeting and the partial closure thereof is given under
the Federal Advisory Committee Act (FACA), Pub. L. 92-463, as amended
(5 U.S.C. App. 1 et seq.).
At the upcoming meeting, between 9:15 a.m. and 10:15 a.m., the
committee will discuss ongoing NSTAC task force work of the Emergency
Communications & Interoperability Task Force, Telecommunications and
Electric Power Interdependency Task Force, Legislative and Regulatory
Task Force, and Research and Development Task Force. This portion of
the meeting will be open to the public.
Following the morning Business Session, the committee will hold an
Executive Session between the hours of 10:30 a.m. and 3:30 p.m. to
discuss emergency communications & interoperability, international
implications of the NGN, and regional coordination, planning, and
exercises. The Executive Session will conclude with a discussion of the
findings and conclusions reached during the meeting. This portion of
the meeting will be closed to the public.
Basis for Closure: The Executive Session will likely include
discussions of sensitive infrastructure information concerning system
threats and explicit physical/cyber vulnerabilities related to current
emergency communications capabilities and the use of national security
and emergency preparedness services over the next generation networks.
Public disclosure of such information would heighten awareness of
potential vulnerabilities and increase the likelihood of exploitation
by terrorists or other motivated adversaries.
The Executive Session will occur between 10:30 a.m. and 3:30 p.m.
and will involve sensitive information. Pursuant to Section 10(d) of
the Federal Advisory Committee Act, Public Law 92-463, as amended (5
U.S.C. App. 1 et seq.), the Department has determined that this
discussion will concern matters which, if disclosed, would be likely to
frustrate significantly the implementation of a proposed agency action.
Accordingly, the relevant portion of this meeting will be closed to the
public pursuant to the authority set forth in 5 U.S.C. 552b(c)(9)(B).
Dated: April 5, 2006.
Peter M. Fonash,
Deputy Manager National Communications System.
[FR Doc. 06-3994 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-10-P | usgpo | 2024-10-08T14:08:33.948163 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3994.htm"
} |
FR | FR-2006-04-27/E6-6337 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24859-24860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6337]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Meeting of the California Desert District Advisory Council
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given, in accordance with Public Laws 92-463
and 94-579, that the California Desert District Advisory Council to the
Bureau of Land Management, U.S. Department of the Interior, will
participate in a field tour of BLM-administered public lands on Friday,
June 23, 2006, from 7:30 a.m. to 5 p.m., and meet in formal session on
Saturday, June 24 from 8 a.m. to 3 p.m. in Continental Labor Hall at
the Desert Empire Fairgrounds, located at 520 South Richmond Road,
Ridgecrest, California.
The Council and interested members of the public will depart for
the field tour at 7:30 a.m. from the parking lot of the Best Western
China Lake Inn, located at 400 South China Lake Boulevard in
Ridgecrest. The public is welcome to participate in the tour, but
should plan on providing their own transportation, drinks, and lunch.
Agenda topics for the formal session on Saturday will include
updates by Council members and reports from the BLM District Manager
and five field office managers. Additional agenda topics are being
developed. Once finalized, the field tour and meeting agendas will be
published in a news release prior to the meeting and posted on BLM's
state Web site at http://www.blm.gov/ca/news/rac.html.
SUPPLEMENTARY INFORMATION: All Desert District Advisory Council
meetings are open to the public. Public comment for items not on the
agenda will be scheduled at the beginning of the meeting Saturday
morning. Time for public comment may be made available by the Council
Chairman during the presentation of various agenda items, and is
scheduled at the end of the meeting for topics not on the agenda.
While the Saturday meeting is tentatively scheduled from 8 a.m. to
3 p.m., the meeting could conclude prior to 3 p.m. should the Council
conclude its presentations and
[[Page 24860]]
discussions. Therefore, members of the public interested in a
particular agenda item or discussion should schedule their arrival
accordingly.
Written comments may be filed in advance of the meeting for the
California Desert District Advisory Council, c/o Bureau of Land
Management, Public Affairs Office, 22835 Calle San Juan De Los Lagos,
Moreno Valley, California 92553. Written comments also are accepted at
the time of the meeting and, if copies are provided to the recorder,
will be incorporated into the minutes.
FOR FURTHER INFORMATION CONTACT: Doran Sanchez, BLM California Desert
District External Affairs, (951) 697-5220.
Dated: April 18, 2006.
Steven J. Borchard,
District Manager.
[FR Doc. E6-6337 Filed 4-26-06; 8:45 am]
BILLING CODE 4310-40-P | usgpo | 2024-10-08T14:08:33.969983 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6337.htm"
} |
FR | FR-2006-04-27/E6-6339 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6339]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Royalty Policy Committee--Notice of Renewal
AGENCY: Minerals Management Service, Interior.
ACTION: Notice of renewal of the Royalty Policy Committee.
-----------------------------------------------------------------------
SUMMARY: Following consultation with the General Services
Administration, notice is hereby given that the Secretary of the
Interior is renewing the Royalty Policy Committee.
The Royalty Policy Committee will provide advice related to the
performance of discretionary functions under the laws governing the
Department of the Interior's management of Federal and Indian mineral
leases and revenues. The Committee will review and comment on revenue
management and other mineral-related policies and provide a forum to
convey views representative of mineral lessees, operators, revenue
payors, revenue recipients, governmental agencies, and the interested
public.
FOR FURTHER INFORMATION CONTACT: Gina Dan, Minerals Management Service,
Minerals Revenue Management, Denver, Colorado 80225-0165, telephone
(303) 231-3392.
Certification
I hereby certify that the Royalty Policy Committee is in the public
interest in connection with the performance of duties imposed on the
Department of the Interior by 43 U.S.C. 1331 et seq., 30 U.S.C. 1701 et
seq., and 30 U.S.C. 1001 et seq.
Dated: April 13, 2006.
P. Lynn Scarlett,
Acting Secretary of the Interior.
[FR Doc. E6-6339 Filed 4-26-06; 8:45 am]
BILLING CODE 4310-MR-P | usgpo | 2024-10-08T14:08:33.990670 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6339.htm"
} |
FR | FR-2006-04-27/E6-6362 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6362]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. Nos. 731-TA-846-850 (Review)]
Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From
the Czech Republic, Japan, Mexico, Romania, and South Africa
Determinations
On the basis of the record \1\ developed in the subject five-year
reviews, the United States International Trade Commission (Commission)
determines, pursuant to section 751(c) of the Tariff Act of 1930 (19
U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty
orders on small diameter carbon and alloy seamless standard, line, and
pressure pipe from Japan and Romania \2\ and large diameter carbon and
alloy seamless standard, line, and pressure pipe from Japan would be
likely to lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ Vice Chairman Deanna Tanner Okun and Commissioners Jennifer
A. Hillman and Daniel R. Pearson dissenting with regard to imports
from Romania.
---------------------------------------------------------------------------
The Commission also determines that revocation of the antidumping
duty orders on small diameter carbon and alloy seamless standard, line,
and pressure pipe from the Czech Republic and South Africa \3\ and
large diameter carbon and alloy seamless standard, line, and pressure
pipe from Mexico \4\ would not be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.
---------------------------------------------------------------------------
\3\ Chairman Stephen Koplan and Commissioner Charlotte R. Lane
dissenting.
\4\ Chairman Stephen Koplan and Commissioner Charlotte R. Lane
dissenting.
---------------------------------------------------------------------------
Background
The Commission instituted these reviews on May 2, 2005 (70 FR
22688) and determined on August 5, 2005 that it would conduct full
reviews (70 FR 49680, August 24, 2005). Notice of the scheduling of the
Commission's reviews and of a public hearing to be held in connection
therewith was given by posting copies of the notice in the Office of
the Secretary, U.S. International Trade Commission, Washington, DC, and
by publishing the notice in the Federal Register on September 23, 2005
(70 FR 55917).\5\ The hearing was held in Washington, DC, on March 2,
2006, and all persons who requested the opportunity were permitted to
appear in person or by counsel.
---------------------------------------------------------------------------
\5\ The Commission revised its schedule effective February 10,
2006 (71 FR 8311, February 16, 2006).
---------------------------------------------------------------------------
The Commission transmitted its determinations in these reviews to
the Secretary of Commerce on April 26, 2006. The views of the
Commission are contained in USITC Publication 3850 (April 2006),
entitled Carbon and Alloy Seamless Standard, Line, and Pressure Pipe
from the Czech Republic, Japan, Mexico, Romania, and South Africa:
Investigation Nos. 731-TA-846-850 (Review).
By order of the Commission.
Issued: April 24, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-6362 Filed 4-26-06; 8:45 am]
BILLING CODE 7020-02-P | usgpo | 2024-10-08T14:08:34.003275 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6362.htm"
} |
FR | FR-2006-04-27/E6-6309 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24860-24861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6309]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Second Review)]
Sulfanilic Acid From China and India
Determinations
On the basis of the record \1\ developed in the subject five-year
reviews, the United States International Trade Commission
(``Commission'') determines, pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (``the Act''), that revocation of the
countervailing duty order on sulfanilic acid from India and the
antidumping duty orders on sulfanilic acid from China and India would
be likely to lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable time.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
Background
The Commission instituted these reviews on May 2, 2005 (70 FR
22698) and determined on August 5, 2005 that it would conduct full
reviews (70 FR 48588, August 18, 2005). Notice of the scheduling of the
Commission's reviews and of a public hearing to be held in
[[Page 24861]]
connection therewith was given by posting copies of the notice in the
Office of the Secretary, U.S. International Trade Commission,
Washington, DC, and by publishing the notice in the Federal Register on
September 20, 2005 (70 FR 55165). The hearing was held in Washington,
DC, on January 26, 2006, and all persons who requested the opportunity
were permitted to appear in person or by counsel.
The Commission transmitted its determinations in these reviews to
the Secretary of Commerce on April 21, 2006. The views of the
Commission are contained in USITC Publication 3849 (April 2006),
entitled Sulfanilic Acid from China and India: Investigation Nos. 701-
TA-318 and 731-TA-538 and 561 (Second Review).
By order of the Commission.
Issued: April 21, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-6309 Filed 4-26-06; 8:45 am]
BILLING CODE 7020-02-P | usgpo | 2024-10-08T14:08:34.028457 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6309.htm"
} |
FR | FR-2006-04-27/06-3955 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3955]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review:
Transactions Among Licensee/Permittees and Transactions Among Licensees
and Holders of User Permits.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Transactions Among Licensee/
Permitees and Transactions Among Licensees and Holders of User Permits.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
None. The Safe Explosives Act requires an explosives distributor must
verify the identity of the purchaser; an explosives purchaser must
provide a copy of the license/permit to distributor prior to the
purchase of explosive materials; possessors of explosive materials must
provide a list of explosives storage locations; purchasers of explosive
materials must provide a list of representatives authorized to purchase
on behalf of the distributor; and an explosives purchaser must provide
a statement of intended use for the explosives.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 50,000 respondents will take 30 minutes to comply with the
required information.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 25,000 annual total burden
hours associated with this collection.
If additional information is required, contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street, NW., Washington, DC 20530.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3955 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.045434 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3955.htm"
} |
FR | FR-2006-04-27/06-3956 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24861-24862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3956]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review: Limited
Permittee Transaction Record.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments, especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila Hall, Explosives Industry Programs
Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington, DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
[[Page 24862]]
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Limited Permittee Transaction
Record.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
Individuals or households. The purpose of this collection is to ensure
that records are available for tracing explosive materials when
necessary and to ensure that limited permittees do not exceed their
maximum allotment of receipts of explosive materials.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 5000 respondents will spend approximately 5 minutes to receive,
file, and forward the appropriate documentation.
(6) An estimate of the total public burden (in hours) associated
with the collection: There is an estimated 12,000 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3956 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.071394 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3956.htm"
} |
FR | FR-2006-04-27/06-3957 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3957]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review: List of
Responsible Persons.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following infomation
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associagted response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: List of Responsible Persons.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Other:
Business or other-profit. All persons holding ATF explosives licenses
or permits must report any change in responsible persons or employees
authorized to possess explosive materials to ATF. Such report must be
submitted within 30 days of the change and must include appropriate
identifying information for each responsible person.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 50,000 respondents will take 1 hour to complete the report.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 100,000 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3957 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.086164 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3957.htm"
} |
FR | FR-2006-04-27/06-3958 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24862-24863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3958]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review: Report of
Stolen or Lost ATF Form 5400.30, Intrastate Purchase of Explosives
Coupon.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms
[[Page 24863]]
and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Report of Stolen or Lost ATF F
5400.30, Intrastate Purchase Explosives Coupon.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: ATF F
5400.30. Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
Individuals or households. When any Intrastate Purchase of Explosives
Coupon is stolen, lost or destroyed, the person losing possession will,
upon discovery of the theft, loss, or destruction, immediately, but in
all cases before 24 hours have elapsed since discovery, report the
matter to the Director, Alcohol, Tobacco, Firearms and Explosives.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 800 respondents will complete a 20 minute form.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 264 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3958 Filed 4-26-06; 8:45am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.107426 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3958.htm"
} |
FR | FR-2006-04-27/06-3959 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24863-24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3959]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review: Relief of
Disabilities.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggetions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Relief of Disabilities.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: none.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
None. Any person prohibited from shipping or transporting any explosive
in or affecting interstate or foreign commerce or from receiving or
possessing any explosive which has been shipped or transported in or
affecting interstate or foreign commerce may make application for
relief from disabilities.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 50 respondents will take 1 minute to support documentation for
relief.
(6) An estimate of the total public burden (in hours) associated
with the
[[Page 24864]]
collection: The estimated annual total burden associated with this
collection is 1 hour.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3959 Filed 4-26-06; 8:45am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.119660 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3959.htm"
} |
FR | FR-2006-04-27/06-3960 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3960]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review:
Notification of Change of Mailing or Premise Address.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Shelia R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Notification of Change of Mailing
or Premise Address.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Not-for-profit-institutions. Other:
Business or other for-profit. Licensees and permittees whose mailing
address will change must notify the Chief, Federal Explosives Licensing
Center, at least 10 days before the change. The information is used by
ATF to identify correct locations of explosives licensees/permittees
and location of storage of exposive materials for purposes of
inspection, as well as to notify permittee/licensees of any change in
regulations or laws that may affect their business activities.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 1,000 respondents will take 10 minutes to respond via letter to
the Federal Explosives Licensing Center.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 170 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3960 Filed 4-26-06; 8:45am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.144454 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3960.htm"
} |
FR | FR-2006-04-27/06-3961 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24864-24865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3961]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-Day notice of information collection under review: Appeals
of Background Checks.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 6500 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points.
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of
[[Page 24865]]
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Appeals of Background Checks.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
Individuals or households. The purpose of the collection is to allow
applicants, employees, or other affected personnel the opportunity to
appeal in writing the results of a background check conducted to
satisfy their eligibility to possess explosive materials. The appeal
request must include appropriate documentation or record(s)
establishing the legal and/or factual basis for the challenge.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 500 respondents will spend 2 hours completing the required
documentation for the appeal.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 1,000 annual total burden
hours associated with this collection.
If additional information is required contact: Robert E. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3961 Filed 4-26-06; 8:45am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.166758 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3961.htm"
} |
FR | FR-2006-04-27/06-3962 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3962]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comment Requested
ACTION: 60-Day notice of information collection under review
certification of knowledge of state laws, submission of water pollution
act.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden on
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
concerning the proposed collection of information are encouraged. Your
comments should address one or more of the following four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Certification of Knowledge of
State Laws, Submission of Water Pollution Act.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary; Individuals or households. Other:
None. Persons who apply for a permit to purchase explosives intrastate
must certify in writing that he is familiar with and understands all
published State laws and local ordinances relating to explosive
materials for the location in which he intends to do business; and
submit this certificate required by section 21 of the Federal Water
Pollution Control Act.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 50,000 respondents will take a estimated time of 30 seconds to
submit the required information.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 416 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Depaerment Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3962 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.188315 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3962.htm"
} |
FR | FR-2006-04-27/06-3963 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24865-24866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3963]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-Day notice of information collection under review:
Application for Limited Permit.
-----------------------------------------------------------------------
[[Page 24866]]
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Public Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Application for Limited Permit.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
None. Any person who intends to acquire explosive materials from a
licensee or permittee in the State in which that person resides on no
more than 6 occasions per year, must obtain a limited permit from ATF.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 40,000 respondents will take 30 seconds to submit the required
information.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 2,000 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3963 Filed 4-26-05; 8:45 am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.218858 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3963.htm"
} |
FR | FR-2006-04-27/06-3964 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24866-24867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3964]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-Day notice of information collection under review: Limited
Permittee Transaction Report.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If your have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarify of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques of
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Limited Permittee Transaction
Report.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: ATF F
5400.4 Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Other:
Business or other for-profit. The Limited permittees are required to
complete ATF 5400.4 prior to receiving explosive materials. The form
verifies that all persons who are purchasing explosive materials have
the proper Federal permit and to ensure that such persons have
appropriate facilities for storage of the explosive materials.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 400 respondents will complete a 20 minute form.
An estimate of the total public burden (in hours) associated with
the collection: There are an estimated 792 annual total
[[Page 24867]]
burden hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street, NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3964 Filed 4-26-06; 8:45am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.226434 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3964.htm"
} |
FR | FR-2006-04-27/06-3965 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3965]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review:
Furnishing of Samples.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila Hall, Explosives Industry Programs
Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington, DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Furnishing of Samples.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
None. Licensed manufacturers and licensed importers and persons who
manufacture or import explosive materials or ammonium nitrate must,
when required by the Director, furnish samples of such explosive
materials or ammonium nitrate; information on chemical composition of
those products; and any other information that the Director determines
is relevant to the identification of the ammonium nitrate.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 2,350 respondents will 30 minutes to submit the samples.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 1,175 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street NW., Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3965 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.251180 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3965.htm"
} |
FR | FR-2006-04-27/06-3966 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24867-24868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3966]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review:
Transactions Among Licensees/Permittees, Limited.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), has submitted the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. Comments are encouraged
and will be accepted for ``sixty-days'' until June 26, 2006. This
process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Sheila R. Hall, Explosives Industry
Programs Branch, Room 5000, 650 Massachusetts Avenue, NW., Washington,
DC 20226.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
[[Page 24868]]
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Transactions Among Licensees/
Permittees, Limited.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
None. A licensed importer, licensed manufacturer, or licensed dealer
may distribute explosive materials to a holder of a limited permit if
the holder of such permit is a resident of the same State in which the
licensee's business premise is located. A holder of a limited permit
may receive explosive materials on no more than 6 separate occasions
during the one-year period of the permit. A holder of a user permit may
dispose of surplus stocks of explosive materials to the holder of a
limited permit who is a resident of the same State in which the
premises of the holder of the user permit are located. A licensed
importer, licensed manufacturer, licensed dealer or permittee, must,
prior to delivering the explosive materials, obtain from the limited
permittee a current list of the persons who are authorized to accept
deliveries of the explosive materials on behalf of the limited
permittee
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: It is estimated
that 50,000 respondents will take 30 minutes to comply with the
required information.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 25,000 annual total burden
hours associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, Department of Justice, Patrick Henry Building,
Suite 1600, 601 D Street, NW., Washington, DC 20530.
Dated: April 19, 2006
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3966 Filed 4-26-06; 8:45am]
BILLING CODE 4410-FY-M | usgpo | 2024-10-08T14:08:34.278822 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3966.htm"
} |
FR | FR-2006-04-27/06-3954 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3954]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--Collaboration Agreement for High Performance
Buildings
Notice is hereby given that, on March 23, 2006, pursuant to section
6(a) of the National Cooperative Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (``the Act''), Collaboration Agreement with High
Performance Buildings has filed written notifications simultaneously
with the Attorney General and the Federal Trade Commission disclosing
changes in its membership. The notifications were filed for the purpose
of extending the Act's provisions limiting the recovery of antitrust
plaintiffs to actual damages under specified circumstances.
Specifically, Green Building Studio, Inc., Santa Rosa, CA has been
added as a party to this venture.
No other changes have been made in either the membership or planned
activity of the group research project. Membership in this group
research project remains open, and Collaboration Agreement for High
Performance Buildings intends to file additional written notification
disclosing all changes in membership.
On May 25, 2004, Collaboration Agreement with High Performance
Buildings filed its original notification pursuant to Section 6(a) of
the Act. The Department of Justice published a notice in the Federal
Register pursuant to Section 6(b) of the Act on June 25, 2004 (69 FR
35678).
Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 06-3954 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-11-M | usgpo | 2024-10-08T14:08:34.287337 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3954.htm"
} |
FR | FR-2006-04-27/06-3967 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24868-24869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3967]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Agency Information Collection Activities: Proposed Collection,
Comments Requested
ACTION: 60-day notice of information collection under review: Revision
of a currently approved collection; Return A-Monthly Return of Offenses
Known to the Police; Supplement to Return A-Monthly Return of Offenses
Known to the Police.
-----------------------------------------------------------------------
The Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division has submitted the
following information collection request to the Office of Management
and Budget (OMB) for review and clearance in accordance with
established review procedures of the Paperwork Reduction Act of 1995.
The proposed information collection is published to obtain comments
from the public and affected agencies. Comments are encouraged and will
be accepted until June 26, 2006. This process is conducted in
accordance with 5 CFR 1320.10.
All comments and suggestions, or questions regarding additional
information, to include obtaining a copy of the proposed information
collection instrument with instructions, should be directed to Gregory
E. Scarbro, Unit Chief, Federal Bureau of Investigation, Criminal
Justice Information Services Division (CJIS), Module E-3, 1000 Custer
Hollow Road, Clarksburg, West Virginia 26306, or facsimile to (304)
625-3566.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Comments should address one or more of the following four
points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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 of
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of information collection: Revision of a currently
approved collection.
(2) The title of the form/collection: Return A-Monthly Return of
Offenses Known to the Police and Supplement to Return A-Monthly Return
of Offenses Known to the Police.
(3) The agency form number, if any, and the applicable component of
the department sponsoring the collection: Forms 1-720, 1-720a, 1-720b,
1-720c,
[[Page 24869]]
1-720d, 1-720e, and 1-706; Criminal Justice Information Services
Division, Federal Bureau of Investigation, Department of Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: City, county, State, Federal, adn
tribal law enforcement agencies. This collection is needed to collect
information on Part I offense, rate, trend, and clearance data as well
as stolen and recovered monetary values of stolen property throughout
the United States. Data are tabulated and published in the semiannual
and preliminary reports and the annual Crime in the United States.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: There are
approximately 17,499 law enforcement agency respondents at 10 minutes
for hard copy and 5 minutes for electronic submissions for the Return A
and 11 minutes for hard copy and 5 minutes for electronic submissions
for the Supplement to Return A.
(6) An estimate of the total public burden (in hours) associated
with this collection: There are approximately 48,755 hours, annual
burden, associated with this information collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Information Management and Security
Staff, Justice Management Division, United States Department of
Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 06-3967 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-02-M | usgpo | 2024-10-08T14:08:34.321821 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3967.htm"
} |
FR | FR-2006-04-27/06-3968 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3968]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Agency Information Collection Activities: Proposed Collection,
Comments Requested
ACTION: 60-day Notice of Information Collection Under Review: Extension
of a currently approved collection; Bioterrorism Preparedness Act:
Entity/Individual Information.
-----------------------------------------------------------------------
The Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division has submitted the
following information collection request to the Office of Management
and Budget (OMB) for review and clearance in accordance with
established review procedures of the Paperwork Reduction Act of 1995.
The proposed information collection is published to obtain comments
from the public and affected agencies. Comments are encouraged and will
be accepted until June 26, 2006. This process is conducted in
accordance with 5 CFR 1320.10.
All comments and suggestions, or questions regarding additional
information, to include obtaining a copy of the proposed information
collection instrument with instructions, should be directed to John E.
Strovers, CJIS Division Intelligence Group, Federal Bureau of
Investigation, Criminal Justice Information Services Division, (CJIS),
Module E-3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306;
facsimile (304) 625-5393.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Comments should address one or more of the following four
points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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 of
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of information collection: Extension of current
collection.
(2) The title of the form/collection: Federal Bureau of
Investigation Bioterrorism Preparedness Act: Entity/Individual
Information.
(3) The agency form number, if any, and the applicable component of
the department sponsoring the collection: Forms FD-961; Criminal
Justice Information Services Division, Federal Bureau of Investigation,
Department of Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: City, county, state, federal,
individuals, business or other for profit, and not-for-profit
institute.
This collection is needed to receive names and other identifying
information submitted by individuals requesting access to specific
agents or toxins, and consult with appropriate officials of the
Department of Health and Human Services and the Department of
Agriculture as to whether certain individuals specified in the
provisions should be denied access to or granted limited access to
specific agents.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: There are
approximately 3,184 (FY 2005) respondents at 45 minutes for FD-961
Form.
(6) An estimate of the total public burden (in hours) associated
with this collection: There are approximately 2,388 hours, annual
burden, associated with this information collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Information Management and Security
Staff, Justice Management Division, United States Department of
Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: April 22, 2006.
Robert B. Briggs,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 06-3968 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-02-M | usgpo | 2024-10-08T14:08:34.358387 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3968.htm"
} |
FR | FR-2006-04-27/06-3969 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24869-24870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3969]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Agency Information Collection Activities: Proposed Collection,
Comments Requested
ACTION: 60-day notice of information collection under review; Extension
of current collection; Hate Crime Incident Report; Quarterly Hate Crime
Report.
-----------------------------------------------------------------------
The Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division has submitted the
following information collection request to the Office of Management
and Budget (OMB) for review and clearance in accordance with
established review procedures of the Paperwork Reduction Act of 1995.
The proposed information collection is published to obtain comments
from the public and affected agencies. Comments are encouraged and will
be accepted until June 26, 2006. This process is
[[Page 24870]]
conducted in accordance with 5 CFR 1320.10.
All comments and suggestions, or questions regarding additional
information, to include obtaining a copy of the proposed information
collection instrument with instructions, should be directed to Gregory
E. Scarbro, Unit Chief, Federal Bureau of Investigation, Criminal
Justice Information Services Division (CJIS), Module E-3, 1000 Custer
Hollow Road, Clarksburg, West Virginia 26306, or facsimile to (304)
625-3566.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Comments should address one or more of the following four
points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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 of
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of information collection: Extension of current
collection.
(2) The title of the form/collection: Hate Crime Incident Report
and the Quarterly Hate Crime Report.
(3) The agency form number, if any, and the applicable component of
the department sponsoring the collection: Forms 1-699 and 1-700;
Criminal Justice Information Services Division, Federal Bureau of
Investigation, Department of Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: City, county, state, federal, and
tribal law enforcement agencies.
This collection is needed to collect information on hate crime
incidents committed throughout the United States. Data are tabulated
and published in the annual Crime in the United States and Hate Crime
Statistics.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: There are
approximately 12,711 law enforcement agency respondents at 9 minutes
for hard copy and 5 minutes for electronic submissions for 1-699 and 1-
700.
(6) An estimate of the total public burden (in hours) associated
with this collection: There are approximately 5,170 hours, annual
burden, associated with this information collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Information Management and Security
Staff, Justice Management Division, United States Department of
Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: April 19, 2006.
Robert B. Briggs,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 06-3969 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-02-M | usgpo | 2024-10-08T14:08:34.374274 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3969.htm"
} |
FR | FR-2006-04-27/06-3970 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24870-24871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3970]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of Justice Programs
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 60-day notice of information collection under review: New HOPE
II: Faith Based and Community Organization Program Evaluation Study.
-----------------------------------------------------------------------
The Department of Justice, Office of Justice Programs, National
Institute of Justice has submitted the following information collection
request to the Office of Management and Budget (OMB) for review and
approval in accordance with review procedures of the Paperwork
Reduction Act of 1995. The proposed information collection is published
to obtain comments from the public and affected agencies. Comments are
encouraged and will be accepted for ``sixty days'' until June 26, 2006.
This process is conducted in accordance with 5 CFR 1320.10.
If you have comments especially on the estimated public burden or
associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional
information, please contact Carrie Mulford, Social Science Analyst
(202) 307-2959, National Institute of Justice, Office of Justice
Programs, U.S. Department of Justice, 810 Seventh Street NW.,
Washington, DC 20531.
Written comments and suggestions from the public and affected
agencies concerning proposed collection of information are encouraged.
Your comments should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: HOPE II: Faith Based and
Community Organization Program Evaluation Study.
(3) Agency form number, if any, and the applicable component of the
department sponsoring the collection: OJP Form Number XXXXX. National
Institute of Justice, Office of Justice Programs, Department of
Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Affected public includes faith based and
community organization (FBCO) administrators or other persons
responsible for providing services to victims of crime at organizations
that received HOPE II grants. The survey will collect information on
how FBCOs utilized grant money. The survey will be administered at two
periods: immediately following the grant period and one year after the
end of the grant period to collect both short- and long-term outcomes.
Baseline information was collected as part of the grant application
process. Key questions are:
(1) How has the FBCOs' service delivery changed between baseline
and follow-up periods?
(2) How have the FBCOs' organizational capabilities changed between
baseline and follow-up periods?
[[Page 24871]]
(3) How have the FBCOs' priorities and practices changed beween
baseline and follow-up periods?
(4) What partnerships and cooperative agreements have been put in
place to support the program?
(5) How do the changes observed in sub-grantees' results and
practices differ from those observed in the FBCOs in a comparison group
that did not receive grant money or technical assistance?
(6) Do outcomes differ across various program types and grantee
characteristics?
The data will be used to advise the National Institute of Justice
and the Office of Victims of Crime.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
number of respondents is 100. The survey will take an average of 25
minutes to complete.
(6) An estimate of the total public burden (in hours) associated
with this collection. An estimated 42 hours of public burden is
associated with this collection.
If additional information is required contact: Robert B. Briggs,
Department Clearance Officer, Information Management and Security
Staff, Justice Management Division, Department of Justice, Patrick
Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530.
Dated: April 19, 2005.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-3970 Filed 4-26-06; 8:45 am]
BILLING CODE 4410-18-M | usgpo | 2024-10-08T14:08:34.401077 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/06-3970.htm"
} |
FR | FR-2006-04-27/E6-6341 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6341]
=======================================================================
-----------------------------------------------------------------------
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
AGENCY: National Archives and Records Administration (NARA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: NARA is giving public notice that the agency has submitted to
OMB for approval the information collection described in this notice.
The public is invited to comment on the proposed information collection
pursuant to the Paperwork Reduction Act of 1995.
DATES: Written comments must be submitted to OMB at the address below
on or before May 30, 2006 to be assured of consideration.
ADDRESSES: Send comments to Desk Officer for NARA, Office of Management
and Budget, New Executive Office Building, Washington, DC 20503; fax:
202-395-5167.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the proposed information collection and supporting statement
should be directed to Tamee Fechhelm at telephone number 301-837-1694
or fax number 301-837-3213.
SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of
1995 (Pub. L. 104-13), NARA invites the general public and other
Federal agencies to comment on proposed information collections. NARA
published a notice of proposed collection for this information
collection on February 15, 2006 (71 FR 8002 and 8003). No comments were
received. NARA has submitted the described information collection to
OMB for approval.
In response to this notice, comments and suggestions should address
one or more of the following points: (a) Whether the proposed
information collection is necessary for the proper performance of the
functions of NARA; (b) the accuracy of NARA's estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including the use of information technology; and (e) whether small
businesses are affected by this collection. In this notice, NARA is
soliciting comments concerning the following information collection:
Title: Financial Disclosure Report.
OMB number: 3095-0058.
Agency form number: Standard Form 714.
Type of review: Regular.
Affected public: Business or other for-profit, Federal government.
Estimated number of respondents: 25,897.
Estimated time per response: 2 hours.
Frequency of response: On occasion.
Estimated total annual burden hours: 51,794 hours.
Abstract: Executive Order 12958 as amended, ``Classified National
Security Information'' authorizes the Information Security Oversight
Office to develop standard forms that promote the implementation of the
Government's security classification program. These forms promote
consistency and uniformity in the protection of classified information.
The Financial Disclosure Report contains information that is used
to make personnel security determinations, including whether to grant a
security clearance; to allow access to classified information,
sensitive areas, and equipment; or to permit assignment to sensitive
national security positions. The data may later be used as a part of a
review process to evaluate continued eligibility for access to
classified information or as evidence in legal proceedings.
The Financial Disclosure Report helps law enforcement obtain
pertinent information in the preliminary stages of potential espionage
and counter terrorism cases.
Dated: April 18, 2006.
Martha Morphy,
Acting Assistant Archivist for Information Services.
[FR Doc. E6-6341 Filed 4-26-06; 8:45 am]
BILLING CODE 7515-01-P | usgpo | 2024-10-08T14:08:34.433958 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6341.htm"
} |
FR | FR-2006-04-27/E6-6342 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24871-24872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6342]
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NUCLEAR REGULATORY COMMISSION
Potentially Nonconforming HEMYC and MT Fire Barrier
Configurations
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued
Generic Letter (GL) 2006-03 to all holders of operating licenses for
nuclear power reactors, except those who have permanently ceased
operation and have certified that fuel has been removed from the
reactor vessel. The NRC is issuing this GL to:
(1) Request that addressees evaluate their facilities to confirm
compliance with the existing applicable regulatory requirements in
light of the information provided in this GL and, if appropriate, take
additional actions. Specifically, although Hemyc and MT fire barriers
in nuclear power plants (NPPs) may be relied on to protect electrical
and instrumentation cables and equipment that provide safe shutdown
capability during a fire, 2005 NRC testing has revealed that both
materials failed to provide the protective function intended for
compliance with existing regulations, for the configurations tested
using the thermal acceptance criteria from the National Fire Protection
Association (NFPA) Standard 251, ``Standard Methods of Fire Tests of
Building Construction and Materials.'' The NRC staff applied the
supplemental guidance in GL 86-10, Supplement 1, ``Fire Endurance Test
Acceptance Criteria for Fire Barrier Systems Used to Separate Redundant
Safe Shutdown Trains Within the Same Fire Area'' for
[[Page 24872]]
the test details of thermocouple number and location, and
(2) Require that addressees submit a written response to the NRC in
accordance with NRC regulations in Title 10 of the Code of Federal
Regulations Section 50.54(f).
This Federal Register notice is available through the NRC's
Agencywide Documents Access and Management System (ADAMS) under
Accession Number ML061080011.
DATES: The GL was issued on April 10, 2006.
ADDRESSEES: Not applicable.
FOR FURTHER INFORMATION, CONTACT: Daniel Frumkin at 301-415-2280 or by
email [email protected] or Angie Lavretta at 301-415-3285 or email
[email protected].
SUPPLEMENTARY INFORMATION: NRC Generic Letter 2006-03 may be examined,
and/or copied for a fee, at the NRC's Public Document Room (PDR) at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible electronically
from the ADAMS Public Electronic Reading Room on the Internet at the
NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html. The ADAMS number
for the GL is ML053620142.
If you do not have access to ADAMS or if you have problems in
accessing the documents in ADAMS, contact the NRC Public Document Room
reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to
[email protected].
Dated at Rockville, Maryland, this 20th day of April 2006.
For the Nuclear Regulatory Commission.
Christopher I. Grimes,
Director, Division of Policy and Rulemaking, Office of Nuclear Reactor
Regulation.
[FR Doc. E6-6342 Filed 4-26-06; 8:45 am]
BILLING CODE 7590-01-P | usgpo | 2024-10-08T14:08:34.460564 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6342.htm"
} |
FR | FR-2006-04-27/E6-6330 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Page 24872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6330]
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OFFICE OF MANAGEMENT AND BUDGET
Audits of States, Local Governments, and Non-Profit
Organizations; Circular A-133 Compliance Supplement
AGENCY: Executive Office of the President, Office of Management and
Budget.
ACTION: Notice of availability of the 2006 Circular A-133 Compliance
Supplement.
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SUMMARY: This notice announces the availability of the 2006 Circular A-
133 Compliance Supplement. The notice also offered interested parties
an opportunity to comment on the 2006 Circular A-133 Compliance
Supplement. The 2006 Supplement adds three additional programs and one
existing program added to existing cluster, deleted two programs,
updates for program changes, and makes technical corrections. A list of
changes to the 2006 Supplement can be found at Appendix V. Due to its
length, the 2006 Supplement is not included in this Notice. See
ADDRESSES for information about how to obtain a copy. This Notice also
offers interested parties an opportunity to comment on the 2006
Supplement.
DATES: The 2006 Supplement will apply to audits of fiscal years
beginning after June 30, 2005 and supersedes the 2004 Supplement and
the 2005 Supplement update. All comments on the 2006 Supplement must be
in writing and received by October 31, 2006. Late comments will be
considered to the extent practicable.
Due to potential delays in OMB's receipt and processing of mail
sent through the U.S. Postal Service, we encourage respondents to
submit comments electronically to ensure timely receipt. We cannot
guarantee that comments mailed will be received before the comment
closing date.
Electronic mail comments may be submitted to: [email protected]. Please include ``A-133 Compliance Supplement--2006''
in the subject line and the full body of your comments in the text of
the electronic message and as an attachment. Please include your name,
title, organization, postal address, telephone number, and E-mail
address in the text of the message. Comments may also be submitted via
facsimile to 202-395-3952.
Comments may be mailed to Gilbert Tran, Office of Federal Financial
Management, Office of Management and Budget, Room 6025, New Executive
Office Building, Washington, DC 20503.
ADDRESSES: Copies of the 2006 Supplement may be purchased at any
Government Printing Office (GPO) bookstore (stock number: 041-001-
00629-0). The main GPO bookstore is located at 710 North Capitol
Street, NW., Washington, DC 20401, (202) 512-0132. A copy may also be
obtained under the Grants Management heading from the OMB home page on
the Internet which is located at http://www.omb.gov and then select
``Grants Management.''
FOR FURTHER INFORMATION CONTACT: Recipients should contact their
cognizant or oversight agency for audit, or Federal awarding agency, as
appropriate under the circumstances. Subrecipients should contact their
pass-through entity. Federal agencies should contact Gilbert Tran,
Office of Management and Budget, Office of Federal Financial
Management, telephone (202) 395-3993.
SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB)
received two comment letters on the 2005 Supplement. The comment
letters dealt with various technical issues and changes were made where
appropriate.
Linda M. Combs,
Controller.
[FR Doc. E6-6330 Filed 4-26-06; 8:45 am]
BILLING CODE 3110-01-P | usgpo | 2024-10-08T14:08:34.492407 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6330.htm"
} |
FR | FR-2006-04-27/E6-6329 | Federal Register Volume 71 Issue 81 (April 27, 2006) | 2006-04-27T00:00:00 | United States National Archives and Records Administration Office of the Federal Register | [Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24872-24875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6329]
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OFFICE OF MANAGEMENT AND BUDGET
2005 and 2006 List of Designated Federal Entities and Federal
Entities
AGENCY: Office of Management and Budget.
ACTION: Notice.
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SUMMARY: As required by the Inspector General Act of 1978, as amended
(IG Act), this notice provides a list of Designated Federal Entities
and Federal Entities.
FOR FURTHER INFORMATION CONTACT: Tawana Webb, Office of Federal
Financial Management, Office of Management and Budget, telephone (202)
395-7586 (direct) or (202) 395-3993 (main office).
SUPPLEMENTARY INFORMATION: This notice provides a copy of the 2005 and
2006 Lists of Designated Federal Entities and Federal Entities which,
under the IG Act, the Office of Management and Budget (OMB) is required
to publish annually. This list is also posted on the OMB Web site at
http://www.whitehouse.gov/omb.
The list is divided into two groups: Designated Federal Entities
and Federal Entities. Designated Federal Entities are listed in the IG
Act, except for those agencies that have ceased to exist or that have
been deleted from the list. The Designated Federal Entities are
required to establish and maintain Offices of Inspector General to: (1)
Conduct and supervise audits and investigations relating to programs
and operations; (2) promote economy, efficiency, and effectiveness of,
and to prevent and detect fraud and abuse in such programs and
operations; and (3) provide a means of keeping the entity head and the
Congress fully and currently informed about problems and deficiencies
relating to the administration of such programs and operations and the
necessity for, and progress of, corrective actions.
[[Page 24873]]
Federal Entities are defined, in Section 8G(a)(1) of the Inspector
General Act, as any Government corporation (within the meaning of
section 103(1) of title 5, United States Code), any Government
controlled corporation (within the meaning of section 103 (2) of such
title), or any other entity in the Executive Branch of the government,
or any independent regulatory agency, but does not include:
(1) An establishment (as defined in Section 11(2) of the Inspector
General Act) or part of an establishment,
(2) a designated Federal entity (as defined in Section 8G(a)(2) of
the Inspector General Act) or part of a designated Federal entity,
(3) the Executive Office of the President,
(4) the Central Intelligence Agency,
(5) the Government Accountability Office, or
(6) any entity in the judicial or legislative branches of the
Government, including the Administrative Office of the United States
Courts and the Architect of the Capitol and any activities under the
direction of the Architect of the Capitol.
Federal Entities are required to report annually to each House of
the Congress and OMB on audit and investigative activities in their
organizations.
For the 2005 list, there were no additions or deletions to the
Designated Federal Entities and Federal Entities list. For the 2006
list, there are no additions and one deletion to the Federal Entities
list. The deletion is Farm Credit System Financial Assistance
Corporation because in 2006 they will no longer receive funding.
The 2005 and 2006 Lists of Designated Federal Entities and Federal
Entities was prepared in consultation with the U. S. Government
Accountability Office.
Linda M. Combs,
Controller.
Herein follows the text of the 2005 and 2006 List of Designated
Federal Entities and Federal Entities:
2005 List of Designated Federal Entities and Federal Entities
The Inspector General Act of 1978, as amended, requires OMB to
publish a list of ``Designated Federal Entities'' and ``Federal
Entities'' and the heads of such entities. Designated Federal Entities
are required to establish Offices of Inspector General and to report
semiannually to each House of the Congress and the Office of the
Management and Budget summarizing the activities of the Office during
the immediately preceding six-month periods ending March 31 and
September 30. Federal Entities are required to report annually on
October 31 to each House of the Congress and the Office of Management
and Budget on audit and investigative activities in their
organizations.
Designated Federal Entities and Entity Heads
1. Amtrak--Chairperson.
2. Appalachian Regional Commission--Federal Co-Chairperson.
3. The Board of Governors, Federal Reserve System--Chairperson.
4. Broadcasting Board of Governors--Chairperson.
5. Commodity Futures Trading Commission--Chairperson.
6. Consumer Product Safety Commission--Chairperson.
7. Corporation for Public Broadcasting--Board of Directors.
8. Denali Commission--Chairperson.
9. Election Assistance Commission--Chairperson.
10. Equal Employment Opportunity Commission--Chairperson.
11. Farm Credit Administration--Chairperson.
12. Federal Communications Commission--Chairperson.
13. Federal Election Commission--Chairperson.
14. Federal Housing Finance Board--Chairperson.
15. Federal Labor Relations Authority--Chairperson.
16. Federal Maritime Commission--Chairperson.
17. Federal Trade Commission--Chairperson.
18. Legal Services Corporation--Board of Directors.
19. National Archives and Records Administration--Archivist of the
United States.
20. National Credit Union Administration--Chairperson.
21. National Endowment for the Arts--Chairperson.
22. National Endowment for the Humanities--Chairperson.
23. National Labor Relations Board--Chairperson.
24. National Science Foundation--National Science Board.
25. Peace Corps--Director.
26. Pension Benefit Guaranty Corporation--Chairperson.
27. Securities and Exchange Commission--Chairperson.
27. Smithsonian Institution--Secretary.
28. United States International Trade Commission--Chairperson.
29. United States Postal Service--Governors of the Postal Service.
Federal Entities and Entity Heads
1. Advisory Council on Historic Preservation--Chairperson.
2. African Development Foundation--Chairperson.
3. American Battle Monuments Commission--Chairperson.
4. Architectural and Transportation Barriers Compliance Board--
Chairperson.
5. Armed Forces Retirement Home--Board of Directors.
6. Barry Goldwater Scholarship and Excellence in Education
Foundation--Chairperson.
7. Chemical Safety and Hazard Investigation Board--Chairperson.
8. Christopher Columbus Fellowship Foundation--Chairperson.
9. Commission for the Preservation of America's Heritage Abroad--
Chairperson.
10. Commission of Fine Arts--Chairperson.
11. Commission on Civil Rights--Chairperson.
12. Committee for Purchase from People Who Are Blind or Severely
Disabled--Chairperson.
13. Court of Appeals for Veterans Claims--Chief Judge.
14. Court Services and Offender Supervision Agency for DC--
Director.
15. Defense Nuclear Facilities Safety Board--Chairperson.
16. Delta Regional Authority--Federal Co-Chairperson.
17. Farm Credit System Financial Assistance Corporation--
Chairperson.
18. Farm Credit System Insurance Corporation--Chairperson.
19. Federal Financial Institutions Examination Council--
Chairperson.
20. Federal Mediation and Conciliation Service--Director.
21. Federal Mine Safety and Health Review Commission--Chairperson.
22. Federal Retirement Thrift Investment Board--Executive Director.
23. Harry S. Truman Scholarship Foundation--Chairperson.
24. Institute of American Indian and Alaska Native Culture and Arts
Development--Chairperson.
25. Institute of Museum and Library Services--Director.
26. Inter-American Foundation--Chairperson.
27. James Madison Memorial Fellowship Foundation--Chairperson.
28. Japan-U.S. Friendship Commission--Chairperson.
29. Marine Mammal Commission--Chairperson.
30. Merit Systems Protection Board--Chairperson.
31. Millennium Challenge Corporation--Chief Executive Officer.
32. Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation--Chairperson.
33. National Capital Planning Commission--Chairperson.
[[Page 24874]]
34. National Commission on Libraries and Information Science--
Chairperson.
35. National Council on Disability--Chairperson.
36. National Mediation Board--Chairperson.
37. National Transportation Safety Board--Chairperson.
38. National Veterans Business Development Corporation--
Chairperson.
39. Neighborhood Reinvestment Corporation--Chairperson.
40. Nuclear Waste Technical Review Board--Chairperson.
41. Occupational Safety and Health Review Commission--Chairperson.
42. Office of Government Ethics--Director.
43. Office of Navajo and Hopi Indian Relocation--Chairperson.
44. Office of Special Counsel--Special Counsel.
45. Overseas Private Investment Corporation--Board of Directors.
46. Presidio Trust--Chairperson.
47. Selective Service System--Director.
48. Smithsonian Institution/John F. Kennedy Center for the
Performing Arts--Chairperson.
49. Smithsonian Institution/National Gallery of Art--President.
50. Smithsonian Institution/Woodrow Wilson International Center for
Scholars--Director.
51. Trade and Development Agency--Director.
52. U.S. Holocaust Memorial Museum--Chairperson.
53. U.S. Interagency Council on Homelessness--Chairperson.
54. U.S. Institute of Peace--Chairperson.
55. Vietnam Educational Foundation--Chairperson.
56. White House Commission on the National Moment of Remembrance--
Chairperson.
2006 List of Designated Federal Entities and Federal Entities
Designated Federal Entities and Entity Heads
1. Amtrak--Chairperson.
2. Appalachian Regional Commission--Federal Co-Chairperson.
3. The Board of Governors, Federal Reserve System--Chairperson.
4. Broadcasting Board of Governors--Chairperson.
5. Commodity Futures Trading Commission--Chairperson.
6. Consumer Product Safety Commission--Chairperson.
7. Corporation for Public Broadcasting--Board of Directors.
8. Denali Commission--Chairperson.
9. Election Assistance Commission--Chairperson.
10. Equal Employment Opportunity Commission--Chairperson.
11. Farm Credit Administration--Chairperson.
12. Federal Communications Commission--Chairperson.
13. Federal Election Commission--Chairperson.
14. Federal Housing Finance Board--Chairperson.
15. Federal Labor Relations Authority--Chairperson.
16. Federal Maritime Commission--Chairperson.
17. Federal Trade Commission--Chairperson.
18. Legal Services Corporation--Board of Directors.
19. National Archives and Records Administration--Archivist of the
United States.
20. National Credit Union Administration--Chairperson.
21. National Endowment for the Arts--Chairperson.
22. National Endowment for the Humanities--Chairperson.
23. National Labor Relations Board--Chairperson.
24. National Science Foundation--National Science Board.
25. Peace Corps--Director.
26. Pension Benefit Guaranty Corporation--Chairperson.
27. Securities and Exchange Commission--Chairperson.
27. Smithsonian Institution--Secretary.
28. United States International Trade Commission--Chairperson.
29. United States Postal Service--Governors of the Postal Service.
Federal Entities and Entity Heads
1. Advisory Council on Historic Preservation--Chairperson.
2. African Development Foundation--Chairperson.
3. American Battle Monuments Commission--Chairperson.
4. Architectural and Transportation Barriers Compliance Board--
Chairperson.
5. Armed Forces Retirement Home--Board of Directors.
6. Barry Goldwater Scholarship and Excellence in Education
Foundation--Chairperson.
7. Chemical Safety and Hazard Investigation Board--Chairperson.
8. Christopher Columbus Fellowship Foundation--Chairperson.
9. Commission for the Preservation of America's Heritage Abroad--
Chairperson.
10. Commission of Fine Arts--Chairperson.
11. Commission on Civil Rights--Chairperson.
12. Committee for Purchase from People Who Are Blind or Severely
Disabled--Chairperson.
13. Court of Appeals for Veterans Claims--Chief Judge.
14. Court Services and Offender Supervision Agency for DC--
Director.
15. Defense Nuclear Facilities Safety Board--Chairperson.
16. Delta Regional Authority--Federal Co-Chairperson.
17. Farm Credit System Insurance Corporation--Chairperson.
18. Federal Financial Institutions Examination Council--
Chairperson.
19. Federal Mediation and Conciliation Service--Director.
20. Federal Mine Safety and Health Review Commission--Chairperson.
21. Federal Retirement Thrift Investment Board--Executive Director.
22. Harry S. Truman Scholarship Foundation--Chairperson.
23. Institute of American Indian and Alaska Native Culture and Arts
Development--Chairperson.
24. Institute of Museum and Library Services--Director.
25. Inter-American Foundation--Chairperson.
26. James Madison Memorial Fellowship Foundation--Chairperson.
27. Japan-U.S. Friendship Commission--Chairperson.
28. Marine Mammal Commission--Chairperson.
29. Merit Systems Protection Board--Chairperson.
30. Millennium Challenge Corporation--Chief Executive Officer.
31. Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation--Chairperson.
32. National Capital Planning Commission--Chairperson.
33. National Commission on Libraries and Information Science--
Chairperson.
34. National Council on Disability--Chairperson.
35. National Mediation Board--Chairperson.
36. National Transportation Safety Board--Chairperson.
37. National Veterans Business Development Corporation--
Chairperson.
38. Neighborhood Reinvestment Corporation--Chairperson.
39. Nuclear Waste Technical Review Board--Chairperson.
40. Occupational Safety and Health Review Commission--Chairperson.
41. Office of Government Ethics--Director.
42. Office of Navajo and Hopi Indian Relocation--Chairperson.
43. Office of Special Counsel--Special Counsel.
[[Page 24875]]
44. Overseas Private Investment Corporation--Board of Directors.
45. Presidio Trust--Chairperson.
46. Selective Service System--Director.
47. Smithsonian Institution/John F. Kennedy Center for the
Performing Arts--Chairperson.
48. Smithsonian Institution/National Gallery of Art--President.
49. Smithsonian Institution/Woodrow Wilson International Center for
Scholars--Director.
50. Trade and Development Agency--Director.
51. U.S. Holocaust Memorial Museum--Chairperson.
52. U.S. Interagency Council on Homelessness--Chairperson.
53. U.S. Institute of Peace--Chairperson.
54. Vietnam Educational Foundation--Chairperson.
55. White House Commission on the National Moment of Remembrance--
Chairperson.
[FR Doc. E6-6329 Filed 4-26-06; 8:45 am]
BILLING CODE 3110-01-P | usgpo | 2024-10-08T14:08:34.514749 | {
"license": "Public Domain",
"url": "https://www.govinfo.gov/content/pkg/FR-2006-04-27/html/E6-6329.htm"
} |
Subsets and Splits