Title: Grant Application Forms for the Small Business Innovation Research Grants Program.

OMB Number: 0524-0025.

Expiration Date of Approval: October 31, 2004.

Type of Request: Extension of a currently approved information collection for three years.

Abstract: In 1982, the Small Business Innovation Research (SBIR) Program was authorized by Public Law 97-219, and in 1992 reauthorized through October 1, 2000, by Public Law 102-564. In 2000, the SBIR program was reauthorized through September 30, 2008, by Public Law 106-554. This Legislation requires each Federal agency with a research or research and development budget in excess of $100 million to establish an SBIR program. The objectives of the SBIR Program are to stimulate technological innovation in the private sector, strengthen the role of small businesses in meeting Federal research and development needs, increase private sector commercialization of innovations derived from Department of Agriculture (USDA)-supported research and development efforts, and foster and encourage participation by women-owned and socially and economically disadvantaged small business firms in technological innovation. The Program is carried out in three separate phases. The purpose of Phase I is to determine the scientific or technical feasibility of ideas; Phase II is the principal research or research and development effort; and Phase III is to stimulate technological innovation and national return on investment from research through the pursuit of commercial objectives resulting from work carried out in Phases I and II.

USDA conducts its SBIR program through the use of grant awards and these grants are administered by the Awards Management Branch, Office of Extramural Programs, CSREES. Each year for which funding is available, USDA issues an SBIR program solicitation requesting Phase I applications. These applications are evaluated by peer review panels and awarded on competitive basis. The SBIR Program Solicitation requests that applicants submit applications following the format outlined in the Small Business Administration (SBA) Policy Directive. This simplified and standardized application format is used by all of the Federal agencies participating in the SBIR Program in order to reduce the application burden of small business firms that wish to apply to more than one agency.

Before awards can be made, certain information is required from applicants as part of an overall application package. This information includes project summaries, descriptions of the research or teaching efforts, literature reviews, curricula vitae of project directors, other relevant technical aspects of the proposed project, and supporting documentation of an administrative and budgetary nature. Because of the nature of the competitive, peer-reviewed process, it is important that information from applicants be available in a standardized format to ensure equitable treatment.

This program also uses forms approved in the OMB-approved collection of information package 0524-0039. These forms include Form CSREES-2004, “Budget;” Form CSREES-2006, “National Environmental Policy Act Exclusions Form;” and Form CSREES-2008, “Assurance Statement(s).”

Forms CSREES-667, “Phase I and Phase II Proposal Cover Sheet;” and CSREES-668, “Phase I and Phase II Project Summary” are used to obtain USDA recordkeeping data, required certifications, and information used to respond to inquiries from Congress, other Government agencies, and the grantee community concerning grant projects supported by the USDA SBIR Program.

The following information has been collected and will continue to be collected:

Form CSREES-667— Identification , designates the research topic area under which an application is submitted for consideration; USDA recordkeeping data , provides names and addresses of project directors and authorized agents of small business firms; and Certifications , provides required certifications ( e.g. , the applicant qualifies as a small business for purposes of the SBIR program; the applicant qualifies as a minority and disadvantaged and/or women-owned small business).

Form CSREES-668— Project summary , provides a Technical Abstract used when releasing information about grant projects supported and keywords to identify the technology/research thrust/ commercial application of the projects.

Estimate of Burden : Public reporting burden for this collection of information is estimated to average 5.15 hours per response (1.4 hours and 3.75 hours for Forms CSREES-667 and CSREES-668, respectively). The average hours per response is based on the hour burden as currently reported to OMB.

Respondents: Businesses or other for-profits.

Estimated Number of Responses per Form: 700 for Form CSREES-667 and 700 for Form CSREES-668. The estimate per form is based on the number of applications submitted in fiscal year 2003 to the SBIR Program rounded to the nearest hundred.

Estimated Number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 3,605 hours, broken down by: 980 hours for Form CSREES-667 (1.4 hours per 700 respondents) and 2,625 hours for Form CSREES-668 (3.75 hours per 700 respondents).

Copies of this information collection can be obtained without charge from Melanie Krizmanich, Policy and Program Liaison Staff, CSREES, (202) 401-1762. e-mail: RFP-OEP@csrees.usda.gov.

Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) 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; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments should be sent to the address stated in the preamble.

Comments also may be submitted directly to OMB and should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20502.

All responses to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record.

Title: Form FNS-46, Issuance Reconciliation Report.

OMB Number: 0584-0080.

Form Number: FNS-46.

Expiration Date: 11/30/2004.

Type of Request: Revision of a currently approved collection.

Abstract: Section 7(d) of the Food Stamp Act of 1977 (the Act) (7 U.S.C. 2016 (d)) requires State agencies to report on their benefit issuance operations not less than monthly. Section 11(a) of the Act (7 U.S.C. 2020(a)) requires State agencies to assume responsibility for the issuance, control, and accountability of benefits. Regulations at 7 CFR 274.4(a) and 274.4(b)(2) require State agencies to account for all issuance through the reconciliations process and to submit a report on this process using Form FNS-46, Issuance Reconciliation Report. These reports must be submitted to the Food and Nutrition Service (FNS) monthly and must reach FNS no later that 90 days following the end of each report month. The FNS-46 report reflects the total issuance, returns, and unauthorized issuance amounts resulting in the net Federal obligation. The proposed revision to the information collection burden associated with FSP Form FNS-46, Issuance Reconciliation Report, reflects a reduction because of the requirement in section 7 (i) of the Act (7 U.S.C. 2016 (i)) for State agencies to change from coupon to EBT systems. States that implement EBT systems usually reduce their issuance reconciliation points to a single location. Therefore, the number of respondents and responses declines as the number of States with EBT systems increases.

Estimate of Burden: Currently, over 96 percent of FSP benefits are delivered via EBT; but by October 2004, we expect all States to have replaced their coupon systems with EBT systems. The total State agency respondent estimate is 1,152 for the Form FNS-46, Issuance Reconciliation Report, a reduction of 1,656 respondents from 2,808 respondents.

Affected Public: State and local government employees or contractors.

Estimated Number of Respondents: 96.

Estimated Number of Responses per Respondent: 12.

Estimated Time per Response: 8 hours.

Estimated Total Annual Burden: 9,216 hours annually.

Purpose and Need for Action: The goal (need) of the North Thorne project is to implement Forest Plan direction and move the project area toward the desired future conditions described in that plan. The objectives (purpose) of the project are to:

1. Provide socio-economic opportunities for local communities and Southeast Alaska through timber harvest, road construction and maintenance, and vegetation management projects.

2. Improve vegetation conditions and wildlife habitat by treating densely stocked second-growth timber.

3. Manage access and reduce damage to aquatic habitats by replacing or removing road crossing structures that restrict fish passage, reducing sedimentation, and improving maintenance of drivable roads.

Background: The proposed project area is located on the Thorne Bay Ranger District of the Tongass National Forest in Township 69, 70 and 71 South, Range 82, 83 and 84 East, Copper River Meridian in Southeast Alaska. The project are covers 35,750 acres and is located in VCUs 5750, 5780, 5790, 5800, 5810, 5830, 5840, 5850, 5860, 5971, 5972. The project area consists of three land use designations (LUDs) that allow for timber harvest: Timber Production (18,898 acres), Modified Landscape LUD (4,752 acres), Scenic Viewshed LUD (1,178 acres). There are alos three LUDs that either limit or prohibit timber harvest: Old-growth Habitat (6,726 acres), Scenic River (3,062 acres), and Recreation River (1,133 acres).

The Thorne Bay Ranger District completed field reconnaissance of 27 potential timber harvest units in the North Thorne drainage between 1995 and 2000. An environmental assessment called North Thorne Timber Sale Project was scoped in September 2000 as a 5 MMBF environmental assessment. Internal and external concerns about the cumulative effects of past timber harvest on watershed health (especially fish and wildlife habitat), and the desire to make more volume available elevated the NEPA analysis level to an environmental impact statement. This project was sidelined until resources were available to complete the analysis.

Responsible Official: Forrest Cole, Tongass National Forest Supervisor, 648 Mission Street, Ketchikan, Alaska, 99901.

The Forest Supervisor will decide:

1. The amount, location and method of timber harvest and vegetation treatment.

2. Road management objectives including which roads will remain open to vehicle traffic.

3. Whether there may be a significant restriction on subsistence uses.

4. Watershed and stream restoration projects including which stream crossing structures will be replaced/removed.

Preliminary Issues: Previous scoping efforts have identified three preliminary issues: maintenance of a timber supply and local employment opportunities, management of roads in the project area, the cumulative effects of past harvest and road construction on vegetation conditions and fish and wildlife habitat.

Early notice of public participation: a draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register .

The Forest Service thinks, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC , 435 U.S. 519, 533 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Sup. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement.

To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

Comments received, including the names and address of those who comment, will be considered part of the public record on this proposal and will be available for public inspection

The meeting is open to the public. Council discussion is limited to Forest Service staff and Council members; however, persons who wish to bring urban and community forestry matters to the attention of the Council may file written statements with the Council staff before or after the meeting. Public input sessions will be provided.

The Renewable Energy Program is listed in the Catalog of Federal Domestic Assistance under Number 10.775, Renewable Energy Systems and Energy Efficiency Improvements Program and 10.768, Business and Industry Loans.

The collection of information requirements contained in this notice has received temporary emergency clearance by the Office of Management and Budget (OMB) under Control Number 0570-0049. However, in accordance with the Paperwork Reduction Act of 1995, RBS will seek standard OMB approval of the reporting and recordkeeping requirements contained in this notice and hereby opens a 60-day comment period.

The information requirements contained in this notice require information from guaranteed loan applicants and recipients. The information is vital for RBS to make wise decisions regarding the eligibility of applicants, establish selection priorities among competing applicants, ensure compliance with applicable RBS regulations, and effectively monitor the borrowers' activities to protect the Government's financial interest and ensure that funds obtained from the Government are use appropriately.

Estimate of Burden: Public reporting burden for this collection of information is estimated to average 8 hours per response.

Respondents: Rural small businesses.

Estimated Number of Respondents: 25.

Estimated Number of Responses per Respondent: 14.

Estimated Number of Responses: 342.

Estimated Total Annual Burden on Respondents: 2,678.

Type of Request: New collection.

Copies of this information collection can be obtained from Cheryl Thompson, Regulations and Paperwork Management Burden at (202) 692-0043.

Comments are invited on (1) whether the proposed collection of information is necessary for the proper performance of the functions of RBS, including whether the information will have practical utility; (2) the accuracy of the new RBS estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (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 are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to: Cheryl Thompson, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, Rural Development, STOP 0742, 1400 Independence Ave., SW., Washington, DC 20250. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

Bovine spongiform encephalopathy (BSE), commonly referred to as “mad cow” disease, is a slowly progressive, degenerative, fatal disease affecting the central nervous system of adult cattle. Between November 1986 and September 2002, approximately 181,000 cases of BSE were confirmed in the United Kingdom. Since 1989, when the first case was reported outside the UK, cases have appeared in other European countries, Israel, Japan, and Canada, but in relatively small numbers. In the United States, the Agency has conducted, since 1990, aggressive surveillance of the highest risk cattle going to slaughter, in which 10,000 to 20,000 animals per year have been tested. To date, only one cow, in December 2003, has been found to be infected with BSE. This cow was bought from a farm in Canada.

Since finding that cow, USDA has conducted 189 epidemiological investigations, leading to complete herd inventories on 51 premises in three States “ Washington, Oregon, and Idaho. The inventories involved examining more than 75,000 animals, out of which 255 were identified as “animals of interest” because they were or could have been from the same herd as the cow found with BSE. None of these 255 animals were found to have BSE.

BSE is a member of a family of transmissible spongiform encephalopathy (TSE). The agent that causes BSE and other TSEs has yet to be fully characterized. The theory that is most accepted in the scientific community is that the agent is a prion, which is an abnormal form of a normal protein known as cellular prion protein, although other types of agents have also been implicated. The agent is highly resistant to heat, ultraviolet light, ionizing radiation, and common disinfectants that normally inactivate viruses or bacteria. In humans, the most common form of TSE is Creutzfeldt-Jakob disease (CJD). While CJD is rare with a worldwide incidence of 1 case per million, humans who develop this disease slowly lose the ability to think and move properly and suffer from memory loss and progressive brain damage until they can no longer see, speak, or feed themselves.

In 1996, a variant of CJD (vCJD) was first described. While similar to CJD, there are distinct differences. vCJD affects young people, with an average age of death under 30 years and it has a relatively longer duration of illness. In addition, vCJD is strongly linked to exposure, probably through food, to BSE, whereas other human TSEs have not been linked to food exposure. While the route of transmission of vCJD is not yet fully determined, it is generally accepted that it is transmitted through exposure to food contaminated with BSE.

Even though no subsequent animals have yet to be found to have BSE in the United States, as a result of identifying the BSE-contaminated cow in the United States in December 2003, the Secretary of Agriculture made a commitment that specified risk materials associated with BSE and non-ambulatory cattle would not be allowed to enter the food supply. In an extensive study conducted by the UK as the result of the BSE outbreak there, traditional rendering processes were determined not to effectively deactivate the infectivity of prions (The BSE Inquiry: The Report, Volume 13, Industry Processes and Controls, 6. Rendering, paragraphs 6.46 and 6.47). In response to this situation, the Secretary of Agriculture required existing USDA programs to be reviewed to determine which program might facilitate the development of private sector solution to this disposal problem.

Title 9006 of the Farm Security and Rural Investment Act of 2002 (2002 Act) was authorized to allow grant making and the issuance of direct and guaranteed loans to fund the development of renewable energy sources or energy efficiency opportunities. It is understood that cattle carcasses and parts of cattle can be a source of energy. In order to support the Departmental efforts to address the BSE situation, the Agency has determined that it is appropriate to develop this Pilot Program to guarantee loans to rural small businesses which may provide the means to effectively destroy specified risk materials that have been associated with BSE and cattle, while providing a bio-based source of energy. Funding for this Pilot Program is only anticipated to be available for the 2004 fiscal year.

In addition to this notice, the Agency is also developing a proposed rule to create a program under the 2002 Act to make loans, loan guarantees, and grants to “a farmer, rancher, or rural small business” to purchase renewable energy systems and make energy efficiency improvements. The purpose of the program will be to help agricultural producers and rural small businesses to reduce energy costs and consumption. Lastly, the Agency is also concurrently developing a Notice of Availability of Funds to provide grants to these same constituents for renewable energy systems and energy efficiency improvements. These programs together provide an opportunity to develop renewable energy systems using a variety of renewable energy resources and, in the case of this notice, specified risk materials from non-ambulatory cattle, and other cattle that are deemed to be at risk of carrying BSE.

Because the Agency is developing these programs concurrently, we will be seeking comments on these programs as they are published. The order in which each of these programs will be published in the Federal Register is uncertain. Because of the obvious common characteristics in all of these programs, it is the Agency's intent to use relevant comments to help shape, as appropriate and if possible (depending on the actual timeframes), each of these programs.

Based on the 2002 Act, the amount of guaranteed loan funds that may be made available to an applicant for an eligible project will not exceed 50 percent of eligible project costs. Because of the serious risks and economic impacts of this situation, the Agency is seeking to maximize participation in this Pilot Program. To do this, the Agency is setting the maximum loan guarantee at 80 percent, regardless of loan size. The interest rate for guaranteed loans under this Pilot Program will be based on indices, such as money market indices, that are published in a recognized banking industry source and negotiated between the lender and the borrower. Interest rates will not be more than those rates customarily charged borrowers in similar circumstances in the ordinary course of business and are subject to Agency review and approval. Except as provided in this notice, the loan terms are the same as those in the RBS Business and Industry Guaranteed Loan program.

The Agency is limiting the maximum amount of total loan guarantees under the Pilot Program to $50 million. The Agency anticipates up to 3 awards will be made, although it is also possible that no applicants will qualify for loans guaranteed through this program. There is no size restriction associated with any one award (other than no more than $50 million in total loan guarantees will be made). Funds may be used only for certain specified project costs, provided these costs are an integral and necessary part of the total project.

To be eligible to receive a guaranteed loan under this Pilot Program, a borrower must meet certain criteria including, but not limited to, each of the following three criteria, as applicable, which are identified in Section 9006 of the 2002 Act.

A. The borrower must be a rural small business;

B. Entities must be at least 51 percent owned, directly or indirectly, by individuals who are either citizens of the U.S. or reside in the U.S. after being legally admitted for permanent residence; and

C. Both the borrower's business headquarters and the proposed project must be in a rural area.

To be eligible, the proposed project must meet certain criteria including, but not limited to, the following criteria:

A. Demonstrate the ability to control the dissemination of any materials that may contain prions;

B. The primary biomass used in the project must be specified risk materials, non-ambulatory cattle, or other cattle deemed to be at risk of carrying BSE;

C. The ability to produce energy from the destruction of cattle and specified risk material;

D. The technology must be pre-commercial or commercially available and replicable; and

E. The project must be financially and technically feasible.

Projects that are still in the research and development stage are not eligible for funds, because the Agency has determined that this emergency situation requires technologies that are available now.

The technical feasibility of each proposed project will be based on all of the information provided by the applicant and on other sources of information, such as recognized industry experts in the applicable technology field, as necessary. Projects determined by the Agency to be not financially or technically feasible are ineligible.

The lender must provide essentially the same application information, including forms, certifications, and agreements, as required for the B&I program. Other information also required from the lender includes:

A. A description of borrower eligibility and project eligibility;

B. A description of the business and ownership;

C. Management information; and

D. The lender must also provide information on the availability of materials, labor, and equipment for the facility.

Because of factors of cost and complexity for renewable energy system projects of more than $100,000, the lender must include a project-specific feasibility study prepared by a qualified independent consultant will be required. This feasibility study must be consistent with the terms for such feasibility studies identified in the B&I program.

A technical requirements report is also being required from the lender. The purpose of the technical requirements report is to ensure that the renewable energy system operates or performs as expected over its design life in a reliable and cost effective manner with regard to both energy production and the destruction of specified risk materials and of certain cattle and the control of material that may contain any prions. To this end, the lender must provide information on project design, procurement, startup, operation, and maintenance. The type of information to be provided includes the qualifications of the project team, agreements and permits, resource assessment, preliminary design and engineering, project development schedules, economic/feasibility modeling, equipment procurement, equipment installation, operations and maintenance, and project decommissioning. Projects costing more than $100,000 are required to employ the services of a professional engineer.

The time available to obligate funds this current fiscal year is very short and there is insufficient time for resubmission of additional information. Therefore, it is imperative that applicants submit complete applications and that the applications be received by August 16, 2004. Ineligible or incomplete applications and those received after August 16, 2004, will be returned to the applicant and not evaluated further. The denial or rejection of an application under the Pilot Program may be appealed as provided in section 4279.16.

Submission of an application neither reserves funding nor ensures funding. The Agency will evaluate each application and make a determination as to whether the borrower is eligible, whether the lender is eligible, whether the proposed project is eligible, and whether the proposed funding request complies with all applicable statutes and regulations. The evaluation will be based on the information provided by the lender and on other sources of information, such as recognized industry experts in the applicable technology field, as necessary.

The Agency will score each application in order to prioritize each proposed project. The evaluation criteria that the Agency will use to score these projects are different from those in the B&I program and are based, for the most part, on requirements found in the 2002 Act. The scoring criteria are:

A. Quantity of Energy Produced. Points are earned for the amount of energy replaced or the amount of energy generated, not both. A maximum of 20 points will be awarded. Energy replacement is based on the percentage of energy being replaced. Energy generation is based on the proposed amount of renewable saleable energy the system is intended to produce.

B. Environmental Benefits. Ten (10) points will be awarded if the purpose of the proposed project is to upgrade an existing facility or construct a new facility to meet applicable health or sanitary standards.

C. Commercial Availability. Ten (10) points will be awarded if the technology being used is commercially available and replicable.

D. Cost Effectiveness. A maximum of 25 points will be awarded based on the return on investment of the proposed project.

E. Matching Funds. A maximum of 15 points will be awarded based on the percentage of matching funds provided by the borrower.

F. Management. Ten (10) points will be awarded if the proposed project is monitored and managed by a qualified third party.

G. Loan Rate. A maximum of 10 points will be awarded depending on the final loan rate.

H. Mobility. Ten (10) points will be awarded if the project is able to be moved to handle outbreaks in varying geographical areas.

All guaranteed loan requests for this Pilot Program are subject to the provisions of this NOFA. In addition, guaranteed loan requests are subject to the requirements of 7 CFR part 4279, subparts A and B, and 7 CFR part 4287, subpart B, with the following modifications:

In addition to the definitions in § 4279.2, the following definitions are applicable and, for the purposes of this notice, the definition of negligent servicing has been expanded as shown below.

Annual receipts. The total income or gross income (sole proprietorship) plus cost of goods sold.

Biogas. Biomass converted to gaseous fuels.

Biomass. For the purposes of this notice, biomass means organic material the primary constituent of which is specified risk materials, non-ambulatory cattle, and other cattle deemed to be at risk of carrying BSE.

Capacity. The load that a power generation unit or other electrical apparatus or heating unit is rated by the manufacturer to be able to meet or supply.

Commercially available. Systems that have a proven operating history and an established design, installation, equipment, and service industry.

Interconnection agreement. The terms and conditions governing the interconnection and parallel operation of the borrower's electric generation equipment and the utility's electric power system.

Negligent servicing. The failure to perform those services which a reasonable, prudent lender would perform in servicing (including liquidation of) its own portfolio of loans that are not guaranteed. The term includes not only the concept of a failure to act, but also not acting in a timely manner, or acting in a manner contrary to the manner in which a reasonable, prudent lender would act. Negligent servicing includes any instance where a lender fails to ensure that all environmental laws are being complied with by an operation receiving guaranteed loan funds under this Pilot Program.

Non-ambulatory disabled cattle. Non-ambulatory disabled cattle are cattle that cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions.

Other waste materials. Inorganic or organic materials that are used as inputs for energy production or are by-products of the energy production process.

Power purchase arrangement. The terms and conditions governing the sale and transportation of electricity produced by the borrower to another party.

Pre-commercial technology. Technologies that have emerged through the research and development process and have technical and economic potential for application in commercial energy markets but are not yet commercially available.

Renewable energy system. A process that produces energy from a renewable energy source.

Small business. A private entity including a sole proprietorship, partnership, corporation, and a cooperative (including a cooperative qualified under section 501(c)(12) of the Internal Revenue Code) but excluding any private entity formed solely for a charitable purpose, and which private entity is considered a small business concern in accordance with the Small Business Administration's (SBA) Small Business Size Standards by North American Industry Classification System (NAICS) Industry found in 13 CFR part 121; provided the entity has 500 or fewer employees and $20 million or less in total annual receipts including all parent, affiliate, or subsidiary entities at other locations.

Specified Risk Material. Parts of cattle that have been determined by the Food Safety Inspection Service to be at risk of harboring potential infectivity of BSE. 9 CFR 310.22(a).

Section 4279.29 applies with the exception of paragraph (b).

Section 4279.43 is not applicable.

Section 4279.60 applies with the addition of Executive Order 12898, Environmental Justice. When guaranteed loans are proposed, RBS employees will conduct a Civil Rights Impact Analysis (CIRA) with regard to environmental justice. The CIRA must be conducted and the analysis documented utilizing Form RD 2006-38. This must be done prior to loan approval, obligation of funds, or other commitments of agency resources, including issuance of a Conditional Commitment of guarantee, whichever occurs first.

Section 4279.71 is not applicable.

Section 4279.75 applies with the exception of paragraph (b).

(a) For guaranteed loans under the Pilot Program, the guarantee fee is 1 percent instead of 2 percent.

(b) Paragraphs 4279.107(a) and (b) are not applicable.

(a) Section 4279.108 applies with the exception of paragraph (a).

(b) In addition to the requirements in § 4279.108(b), the following requirements will also be used to determine borrower eligibility:

(i) The borrower must be a rural small business.

(ii) If the borrower, or an owner, has an outstanding judgment obtained by the United States in a Federal Court (other than in the United States Tax Court), is delinquent in the payment of Federal income taxes, or is delinquent on a Federal debt, the borrower is not eligible to receive a guaranteed loan until the judgment is paid in full or otherwise satisfied or the delinquency is resolved.

The loan purposes identified in § 4279.113 are not applicable to this Pilot Program. Instead, for a project to be eligible to receive a guaranteed loan under this Pilot Program, the proposed project must meet each of the following criteria, as applicable.

(a) The project must destroy or otherwise deactivate prions.

(b) The primary biomass used in the project must be specified risk materials, non-ambulatory cattle, and other cattle deemed to be at risk of carrying BSE.

(c) The project must produce energy.

(d) The technology used in the project must be pre-commercial or commercially available and replicable.

(e) The project must be technically and economically feasible.

(f) The project must be located in a rural area.

(g) The borrower must be the owner of the system and control the operation and maintenance of the proposed project. A qualified third-party operator may be used to manage the operation and/or maintenance of the proposed project.

(h) All projects financed under this Pilot Program must be based on satisfactory sources of revenues in an amount sufficient to provide for the operation and maintenance of the system or project.

(i) No conflict of interest or appearance of conflict of interest will be allowed. For purposes of this Pilot Program, a conflict of interest includes, but is not limited to, the distribution or payment to an individual owner, partner, stockholder, or beneficiary of the borrower or a close relative of such an individual when such individual will retain any portion of the ownership of the borrower.

Section 4279.114 is not applicable.

(a) The requirements in § 4279.119(a) are not applicable. Instead, the amount of guaranteed loan funds that will be made available to an eligible project under this Pilot Program will not exceed 50 percent of eligible project costs. Eligible project costs are only those costs associated with the items listed in paragraphs (1) through (10) below, as long as the items are an integral and necessary part of the total project.

(1) Post-application purchase and installation of equipment, except agricultural tillage equipment and vehicles;

(2) Post-application construction or project improvements, except residential;

(3) Permit fees;

(4) Professional service fees, except for application preparation;

(5) Feasibility studies;

(6) Business plans;

(7) Retrofitting;

(8) Construction of a new facility only when the facility is used for the same purpose and is approximately the same size;

(9) Working capital; and

(10) Land acquisition.

(b) The maximum percentages of guarantee and the loan values in § 4279.119(b) are not applicable. Instead, the maximum percentage guarantee for loans under this Pilot Program is 80 percent for any size loan.

(c) The requirements in § 4279.119(b)(1) through (4) are not applicable.

In complying with the appraisal requirements in § 4279.144, lenders shall use specialized appraisers. The Agency may waive the requirement to use a specialized appraiser only if a specialized appraiser does not exist in a specific industry or hiring one would cause an undue financial burden to the borrower.

Each application under this Pilot Program must include a project-specific feasibility study as specified in § 4279.150.

The requirements in § 4279.155 are not applicable. Instead, Agency personnel will score and fund each application based on the evaluation criteria identified below. These criteria must be individually addressed in narrative form on a separate sheet of paper.

(a) Quantity of energy produced. Points may only be awarded for either energy replacement or energy generation, but not for both.

(1) Energy replacement. If the proposed renewable energy system is intended primarily for self use by the rural small business and will provide energy replacement of greater than 75 percent, 20 points will be awarded; greater than 50 percent, but equal to or less than 75 percent, 15 points will be awarded; or greater than 25 percent, but equal to or less than 50 percent, 10 points will be awarded. The energy replacement should be determined by dividing the estimated quantity of energy to be generated by at least the past 12 months' energy profile of the small business or anticipated energy use. The estimated quantity of energy may be described in Btu's, kilowatts, or similar energy equivalents. Energy profiles can be obtained from the utility company;

(2) Energy generation. If the proposed renewable energy system is intended primarily for production of energy for sale, 20 points will be awarded;

(b) Environmental benefits. If the purpose of the proposed renewable energy system is to upgrade an existing facility or construct a new facility required to meet applicable health or sanitary standards, 10 points will be awarded. Documentation must be obtained by the applicant from the appropriate regulatory agency with jurisdiction to establish the standard, to verify that a bona fide standard exists, what that standard is, and that the proposed project is needed and required to meet the standard;

(c) Commercial availability. If the renewable energy system is currently commercially available and replicable, an additional 10 points will be awarded;

(d) Cost effectiveness. If the proposed renewable energy system will return the cost of the investment in 5 years or less, 25 points will be awarded; up to 10 years, 20 points will be awarded; up to 15 years, 15 points will be awarded; or up to 20 years, 10 points will be awarded. The estimated return on investment is calculated by dividing the total project cost by the estimated projected net annual income and/or energy savings of the renewable energy system;

(e) Matching funds. If the rural small business has provided eligible matching funds of over 90 percent, 15 points will be awarded; 85-90 percent, 10 points will be awarded; or at least 80 and up to but not including 84 percent, 5 points will be awarded;

(f) Management. If the renewable energy system will be monitored and managed by a qualified third-party operator, such as pursuant to a service contract, maintenance contract, or remote telemetry, an additional 10 points will be awarded; and

(g) Loan rate. If the rate of the loan is below the Prime Rate (as published in The Wall Street Journal) plus 1.75 percent (5 points). If the rate of the loan is below the Prime Rate (as published in The Wall Street Journal) plus 1 percent (an additional 5 points).

(h) Mobility. If the projects have the capability to relocate to various geographical areas to handle outbreaks, 10 points will be awarded.

(a) Preapplications. Section 4279.161(a) is not applicable.

(b) Applications. The requirements in § 4279.161(b) are applicable except for § 4279.161(b)(2), (b)(14), and (b)(15). In addition, the following requirements also apply to all applications under this Pilot Program.

(1) Application. Two applications (one original and one copy), including the technical requirements report, shall be submitted for each proposed project. The original and one copy shall be submitted to the USDA State Rural Development Office where the proposed project is located or where the borrower is headquartered.

(i) Table of Contents. The first item in each application will be a detailed Table of Contents in the order presented below. Include page numbers for each component of the proposal. Begin pagination immediately following the Table of Contents.

(ii) Project Summary. A summary of the project proposal, not to exceed one page, must include the following: Title of the project, description of the project including goals and tasks to be accomplished, names of the individuals responsible for conducting and completing the tasks, and the expected timeframes for completing all tasks, including an operational date.

(iii) Eligibility. Each applicant must describe how the borrower meets the borrower eligibility requirements.

(iv) Small business information. All applications must contain the following information on the small business seeking funds under this program:

(A) Business operation.

( 1 ) A description of the ownership, including a list of individuals and/or entities with ownership interest, names of any corporate parents, affiliates, and subsidiaries, as well as a description of the relationship, including products, between these entities.

( 2 ) A description of the operation.

(B) Management. The resumes of key managers focusing on relevant business experience. If a third-party operator is used to monitor and manage the project, provide a discussion on the benefits and burdens of such monitoring and management as well as the qualifications of the third party.

(C) Financial Information.

( 1 ) A current balance sheet and income statement prepared in accordance with generally accepted accounting principles (GAAP) and dated within 90 days of the application. Financial information is required on the total operations of the small business and its parent, subsidiary, or affiliates at other locations.

( 2 ) Sufficient information to determine total annual receipts of the business and any parent, subsidiary, or affiliates at other locations. Information provided must be sufficient for the Agency to make a determination of total income and cost of goods sold by the business.

( 3 ) If available, historical financial statements prepared in accordance with GAAP for the past 3 years, including income statements and balance sheets

( 4 ) Pro forma balance sheet at startup of the small business' business that reflects the use of the loan proceeds; and 3 additional years, indicating the necessary start-up capital, operating capital, and short-term credit; and projected cash flow and income statements for 3 years supported by a list of assumptions showing the basis for the projections.

(D) Production information.

( 1 ) Provide a statement as to whether the technology to be employed by the facility is commercially or pre-commercially available and replicable. Provide information to support this position.

( 2 ) Describe the availability of materials, labor, and equipment for the facility.

(v) Appraisals. In addition to the requirements specified in § 4279.161(b)(6), if the appraisal has not been completed when the application is filed, the applicant must submit an estimated appraisal. In all cases, a completed appraisal must be submitted prior to the loan being closed.

(vi) In addition to the requirements specified in § 4279.161(b)(11), allow the Agency access to the project and its performance information during its useful life and permit periodic inspection of the project by a representative of the Agency.

(vii) A certification by the lender that the proposed project will be in compliance with all applicable State environmental laws and regulations.

(viii) A Dun and Bradstreet Universal Numbering System (DUNS) number.

(c) Technical requirements report. The technical report must demonstrate that the project design, procurement, installation, startup, operation and maintenance of the renewable energy system will operate or perform as specified with regard to the destruction of specified risk materials, non-ambulatory cattle, and other cattle deemed to be a risk of carrying BSE and the control of the dissemination of prions over its design life in a reliable and a cost effective manner. The technical report must also identify all necessary project agreements, demonstrate that those agreements will be in place, and that necessary project equipment and services are available over the design life.

All technical information provided must follow the format specified in paragraphs (1) through (10) below and must address both the destruction of specified risk materials, non-ambulatory cattle, and other cattle deemed to be a risk of carrying BSE and the control of the dissemination of prions and the production of energy from such inputs. Supporting information may be submitted in other formats. Design drawings and process flow charts are encouraged as exhibits. A discussion of each topic identified in paragraphs (1) through (10) is not necessary if the topic is not applicable to the specific project. Questions identified in the Agency's technical review of the project must be answered to the Agency's satisfaction before the application will be approved. Projects costing more than $100,000 require the services of a professional engineer (PE). Depending on the level of engineering required for the specific project or if necessary to ensure public safety, the services of a PE may be required for smaller projects.

(1) Qualifications of project team. The biomass project team will vary according to the complexity and scale of the project. For engineered systems, the project team should consist of a system designer, a project manager, an equipment supplier, a project engineer, a construction contractor or system installer, and a system operator and maintainer. One individual or entity may serve more than one role.

The project team must have demonstrated expertise in similar biomass systems development ( e.g. , destruction of diseased animal carcasses), engineering, installation, and maintenance. The applicant must provide authoritative evidence that project team service providers have the necessary professional credentials or relevant experience to perform the required services for both the destruction or deactivation of prions and the production of energy. The applicant must also provide authoritative evidence that vendors of proprietary components can provide necessary equipment and spare parts for the system to operate over its design life. The application must:

(i) Discuss the proposed project delivery method. Such methods include a design, bid, build where a separate engineering firm may design the project and prepare a request for bids and the successful bidder constructs the project at the applicant's risk, and a design build method, often referred to as turn key, where the applicant establishes the specifications for the project and secures the services of a developer who will design and build the project at the developer's risk;

(ii) Discuss the biomass system equipment manufacturers of major components being considered in terms of the length of time in business and the number of units installed at the capacity and scale being considered;

(iii) Discuss the project manager, equipment supplier, system designer, project engineer, and construction contractor qualifications for engineering, designing, and installing biomass energy systems including any relevant certifications by recognized organizations or bodies. Provide a list of the same or similar projects designed, installed, or supplied and currently operating and with references if available; and

(iv) Describe the system operator's qualifications and experience for servicing, operating, and maintaining biomass renewable energy equipment or projects. Provide a list of the same or similar projects designed, installed, or supplied and currently operating and with references if available.

(2) Agreements and permits. The applicant must identify all necessary agreements and permits required for the project and the status and schedule for securing those agreements and permits, including the items specified in paragraphs (2)(i) through (vii).

(i) Biomass systems must be installed in accordance with applicable local, State, and national codes and regulations. Identify zoning and code issues, and required permits and the schedule for meeting those requirements and securing those permits.

(ii) Identify licenses where required and the schedule for obtaining those licenses.

(iii) Identify land use agreements required for the project and the schedule for securing the agreements and the term of those agreements.

(iv) Identify any permits or agreements required for solid, liquid, and gaseous emissions or effluents and the schedule for securing those permits and agreements.

(v) Identify available component warranties for the specific project location and size.

(vi) Systems interconnected to the electric power system will need arrangements to interconnect with the utility. Identify utility system interconnection requirements, power purchase arrangements, or licenses where required and the schedule for meeting those requirements and obtaining those agreements. This is required even if the system is installed on the customer side of the utility meter. For systems planning to utilize a local net metering program, describe the applicable local net metering program.

(vii) Identify all environmental issues, including environmental compliance issues, associated with the project.

(3) Resource assessment. The applicant must provide adequate and appropriate evidence of the availability of the biomass resource required for the system to operate as designed. Indicate the type and quantity of the biomass resource including storage, where applicable. Where applicable, also indicate shipping or receiving method and required infrastructure for shipping. For proposed projects with an established resource, provide a summary of the resource.

(4) Design and engineering. The applicant must provide authoritative evidence that the system will be designed and engineered so as to meet its intended purposes (destruction or deactivation of prions and production of energy), will ensure public safety, and will comply with applicable laws, regulations, agreements, permits, codes, and standards. Projects shall be engineered by a qualified entity. Systems must be engineered as a complete, integrated system with matched components. The engineering must be comprehensive including site selection, system and component selection, and system monitoring equipment. Systems must be constructed by a qualified entity.

(i) The application must include a concise but complete description of the project including location of the project; resource characteristics, including the kind and amount of biomass inputs; system specifications; electric power system interconnection, if applicable; kind, amount, and quality of the energy output; method to be used to destroy or otherwise deactivate prions; and monitoring equipment. Identify possible vendors and models of major system components. Describe the expected electric power, fuel production, or thermal energy production of the proposed system as rated and as expected in actual field conditions. For systems with a capacity more than 10 tons per day of biomass, address performance on a monthly and annual basis. For small projects such as a commercial biomass furnace or pelletizer of up to 5 tons daily capacity, proven, commercially available devices need not be addressed in detail. Describe the uses of or the market for electricity, heat, or fuel produced by the system. Discuss the impact of reduced or interrupted biomass availability on the system process, including any effect on the destruction or deactivation of prions.

(ii) The application must include a description of the project site and address issues such as site access, foundations, backup equipment when applicable, and environmental concerns with emphasis on visibility, odor, noise, construction, and installation issues. Identify any unique construction and installation issues.

(iii) Sites must be controlled by the small business for the proposed project life or for the financing term of any associated federal loans or loan guarantees.

(iv) Where incinerators are used, they must conform to all EPA standards for incinerators or, in the case of State's with EPA-approved emissions guidelines, the applicable State incinerator and ambient air quality rules.

(5) Project development schedule. The applicant must identify each significant task, its beginning and end, and its relationship to the time needed to initiate and carry the project through startup and shakedown. Provide a detailed description of the project timeline including resource assessment, system and site design, permits and agreements, equipment procurement, and system installation from excavation through startup and shakedown.

(6) Financial feasibility. The applicant must provide a study that describes costs and revenues of the proposed project to demonstrate the financial performance of the project. Provide a detailed analysis and description of project costs including project management, resource assessment, project design, project permitting, land agreements, equipment, site preparation, system installation, startup and shakedown, warranties, insurance, financing, professional services, and operations and maintenance costs. Provide a detailed analysis and description of annual project revenues and expenses. Provide a detailed description of applicable investment incentives, productivity incentives, loans, and grants.

(7) Equipment procurement. The applicant must demonstrate that equipment required by the system is available and can be procured and delivered within the proposed project development schedule. Biomass systems may be constructed of components manufactured in more than one location. Provide a description of any unique equipment procurement issues such as scheduling and timing of component manufacture and delivery, ordering, warranties, shipping, receiving, and on-site storage or inventory.

(8) Equipment installation. The applicant must fully describe the management of and plan for site development and system installation, provide details regarding the scheduling of major installation equipment needed for project construction, and provide a description of the startup and shakedown specification and process and the conditions required for startup and shakedown for each equipment item individually and for the system as a whole.

(9) Operations and maintenance. The applicant must identify the operations and maintenance requirements of the system necessary for the system to operate as designed over the design life. The applicant must:

(i) Provide information regarding available system and component warranties and availability of spare parts;

(ii) For systems having a biomass input capacity exceeding 10 tons of biomass per day,

(A) Describe the routine operations and maintenance requirements of the proposed system, including maintenance schedule for the mechanical, piping, and electrical systems and system monitoring and control requirements. Provide information that supports expected design life of the system and timing of major component replacement or rebuilds; and

(B) Discuss the costs and labor associated with operations and maintenance of system and plans for in or outsourcing. Describe opportunities for technology transfer for long term project operations and maintenance by a local entity or owner/operator; and

(C) Provide and discuss the risk management plan for handling large, unanticipated failures or major components. Include in the discussion, costs and labor associated with operations and maintenance of system and plans for in-sourcing or out-sourcing.

(10) Decommissioning. When uninstalling or removing the project, describe the decommissioning process. Describe any issues, requirements, and costs for removal and disposal of the system.

In addition to the requirements specified in § 4279.165(a), the Agency will determine a project's technical feasibility, including its ability to destroy or deactivate prions and produce a source of energy, based on the information provided by the applicant and on other sources of information, such as recognized industry experts in the applicable technology field, as necessary, to determine technical feasibility of the proposed project. The environmental procedures, including the emergency procedures described in § 1940.332(b), will be utilized.

When issuing a Conditional Commitment under § 4279.173(a), one of the conditions shall be that the project receiving guaranteed loan funds under this Pilot Program will be in compliance with all applicable State environmental laws and regulations.

Section 4279.175 is not applicable.

In addition to complying with the requirements in part 4287, subpart B, once the renewable energy project has been constructed, the lender must provide the Agency periodic reports from the borrower commencing the first full calendar year following the year in which project construction was completed and continuing for the life of the project. The borrower's reports will include, but not be limited to, the information specified in the following paragraphs, as applicable.

(a) The actual amount of energy produced in BTUs, kilowatts, or similar energy equivalents (first 3 full years after project construction completed).

(b) If applicable, documentation that identified health and/or sanitation problem has been solved (for the life of the project).

(c) The annual income and/or energy savings of the renewable energy system (first 3 full years after project construction completed).

(d) A summary of the cost of operating and maintaining the facility (first 3 full years after project construction completed).

(e) Description of any maintenance or operational problems associated with the facility (for the life of the project).

(f) Recommendations for development of future similar projects (for the life of the project).

(g) The amount (pounds) separately of specified risk materials, non-ambulatory cattle, and other cattle deemed to be a risk of carrying BSE processed (for the life of the project).

(h) Demonstration that the project is and has been in compliance with all applicable State environmental laws and regulations (for the life of the project).

In complying with the requirements in § 4287.134, loans to provide additional funds in connection with a transfer and assumption must be considered as a new loan application under § 4279.161.

This Pilot Program relies on numerous existing forms in the Business and Industry Guaranteed Loan program. These forms are to be used for the Pilot Program as they currently exist and as approved by the Office of Management and Budget, except as follows:

(a) Lender's Agreement (Form 4279-4).

(1) Section I, Item B, is applicable with the addition that negligent servicing includes any instance where a lender fails to ensure that all environmental laws are being complied with by an operation receiving guaranteed loan funds under this Pilot Program.

(2) Section III, Item A.2, is not applicable.

(b) Loan Note Guarantee (Form 4279-5), Section 3, Full Faith and Credit, under Conditions of Guarantee is applicable with the addition that negligent servicing includes any instance where a lender fails to ensure that all environmental laws are being complied with by an operation receiving guaranteed loan funds under this Pilot Program.

CIPSEA (Pub. L. 107-347, Title V) and the International Investment and Trade in Services Survey Act (Pub. L. 94-472, 22 United States Code (U.S.C.) 3101-3108) allow BEA and the Census Bureau to share certain business data for exclusively statistical purposes. Section 524(d) of the CIPSEA requires a Federal Register notice announcing the intent to share data (allowing 60 days for public comment).

Section 524(d) also requires us to provide information about the terms of the agreement for data sharing. For the purposes of this notice, BEA has decided to group these terms by three categories. The categories are:

• Shared data.

• Statistical purposes for the shared data.

• Data access and confidentiality

BEA proposes to provide the Census Bureau with data collected from the FDI surveys. The agreement also calls for the Census Bureau to share data collected from the 2002 Economic Census and Business Register. A separate notice will address this issue.

BEA will provide the Census Bureau with only those data items necessary to link records from the FDI surveys with the establishments from the Business Register. The Census Bureau will use these data for statistical purposes exclusively. Through record linkage, the Census Bureau will augment and improve its establishment data on all U.S. businesses from the Economic Census by separately identifying data for the establishments of foreign-owned U.S. companies for specific detailed industries, and by identifying data quality issues arising from reporting differences in the Census Bureau and BEA surveys.

The data collected from the FDI surveys are used to estimate the financial and operating data, direct investment positions, and the international transactions data of U.S. affiliates of foreign companies. Statistics from these surveys are published in articles in the Survey of Current Business and in separate data publications. All data are collected under sections 3101-3108, of Title 22 U.S.C.

Title 22, U.S.C. 3104 protects the confidentiality of these data. The data may be seen only by persons sworn to uphold the confidentiality of the information. Access to the shared data will be restricted to specifically authorized personnel and will be provided for statistical purposes only. The results of this project are subject to disclosure protection. All Census Bureau employees with access to these data will become BEA Special Sworn Employees—meaning that they, under penalty of law, must uphold the data's confidentiality. To further safeguard the confidentiality of the data, BEA has conducted an Information Technology security review of the Census Bureau.

The committee will review a discussion paper that summarizes the status of recommendations proposed by the Council, committee, and working group for management of non-target groundfish species in the North Pacific. The committee and working group will jointly address a series of decision points outlined in the discussion paper. Policy decisions include: terms of reference for the committee; problem statement; approaches for the analysis; timeline for Council action; and identification of fishery management units, component species, and management objectives. Additional policy questions include: the role of target and non-target species in the ecosystem; potential losses and gains from the proposed system; process for monitoring and identifying species of conservation concern to ensure their protection; criteria for determining the extent to which it is practicable to decrease the bycatch of non-target species; acceptability of non-target species falling into an overfished status; criteria for establishing retention limits or time area closures; ensuring sustainability if criteria can not be defined; indicators triggering an action; defining non-target complexes; assessing appropriate bycatch level as a minimum measure; managing the remaining species; revising the overfishing level tier system to eliminate tier 6 for target species; defining the threshold between target and non-target; and defining the role of the groundfish plan teams.

Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen at 907-271-2809 at least seven working days prior to the meeting date.

The main purpose of this work session is for the HMSMT to continue work on development of initial recommendations for a limited entry program for the high seas longline fishery and other matters that could be included in an amendment to the fishery management plan (FMP) for Pacific Coast HMS fisheries. Specifically, in line with Council direction from the April 2004 Council meeting, the HMSMT is developing estimates of acceptable thresholds of species specific sea turtle takes under the HMS FMP. This information might be used to develop a regulatory package for restructuring fisheries under the HMS FMP. In addition, information from the Council-managed drift gillnet (DGN) fishery will be added to the fleet profile database developed by the HMSMT; including information on current DGN permit holders and active fishery participants, and landings history for the period 1997 through the present. This additional information might provide a means to consider restructuring the DGN fishery in concert with the high seas longline fishery. The rationale for expanding the database to include DGN fishery information is that the DGN fishery and high seas longline fishery, if both fisheries were allowed to operate, could require restructuring in order to ensure sea turtle takes are kept at levels that will not result in jeopardy to any Endangered Species Act-listed species. The HMSMT will report to the Council at the September 2004 Council meeting.

Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Carolyn Porter at (503) 820-2280 at least five days prior to the meeting date.

The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq. ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226).

The applicant proposed to annually capture 100 loggerhead, 150 green, 25 hawksbill and 25 Kemp's ridley sea turtles using a large mesh tangle net in the waters of Lake Worth and the Indian River Lagoons of Florida. Animals will be measured, flipper and passive integrated transponder (PIT) tagged, weighed, blood sampled and released. Dietary samples will also be extracted from a subset of 40 green sea turtles annually using a sampling technique called lavage. This research will provide size frequency, disease rate, relative abundance and feeding ecology data on marine turtles utilizing Lake Worth and the Indian River Lagoon System of Florida. Information collected from this study will benefit state and federal managers in the conservation of these marine turtle species. The applicant requests a 5 year permit.

A. Estimated Burden

The Commission staff estimates that there are approximately 54 firms required to annually maintain sales records of full-size cribs. The staff further estimates that the average burden per respondent is five hours per year, for a total of 270 hours and an annual cost of $6,610. (270 hrs. × $24.48/hr. (Based on total compensation of all civilian workers in the U.S., September 2003, Bureau of labor Statistics) = $6,610)).

The Commission solicits written comments from all interested persons about the proposed collection of information. The Commission specifically solicits information relevant to the following topics:

A. Estimated Burden

The Commission staff currently estimates that there are approximately 16 firms required to annually maintain sales records of non-full-size cribs. The staff further estimates that the average number of hours per respondent is five per year, for a total of 80 hours and an annual cost of $1,958. (80 hrs. × $24.48/hr. (Based on total compensation of all civilian workers in the U.S., September 2003, Bureau of labor Statistics) = $1,958).

The Commission solicits written comments from all interested persons about the proposed renewal of this collection of information. The Commission specifically solicits information relevant to the following topics:

Alaska is a land of extremes and contradictions. It is the largest state in the United States, containing one-fifth of all United States land, yet is one of the least populated. It boasts both the highest mountain in North America and the longest coastline of any state. There are just a few major roads providing residents the ability to travel to the major cities in the state. Other means of transportation are by boat or plane which places severe hardships on beneficiaries attempting to access needed healthcare services. It has geography characterized by harsh ice islands and desert tundra, yet cradles lush meadows and rain forests. Alaska's citizens are no less diverse.

Alaska's population is just under 627,000. Of these, approximately 71,000 are Military Health System (MHS) beneficiaries. More than half of these beneficiaries reside in south-central Alaska in the state's largest city— Anchorage. Alaska's Military Treatment Facilities (MTFs) meet a large percentage of Alaska's beneficiary healthcare needs. The remaining is referred to local civilian providers or to the lower 48 states.

The TRICARE Western Region health services and support contract, which includes Alaska, requires the contractor to underwrite the costs of civilian health care services (also referred to as “purchased care”) which is defined as care provided to all Civilian Health and Medical Program of the Uniformed Services eligible beneficiaries residing in the Western Region. The following categories of care/beneficiaries are specifically excluded from the TRICARE Western Region contract: Outpatient retail and mail order pharmacy; active duty supplemental care including TRICARE Prime Remote for Service members only (family members are underwritten by the health services and support contractor); Continued Health Care Benefits Program; Foreign/Outside the Continental United States claims; Medicare dual-eligible TRICARE beneficiaries; and cancer/clinical trials.

The underwriting mechanism of TRICARE Western Region health services and support contract consists of an underwriting fee which may be considered to be an underwriting premium associated with the risk assumed by the contractor. It will be subject to a fee-adjustment formula which allows for increases or decreases inversely related to the actual costs. There is potential of creating a negative fee.

Predicated upon the foregoing mechanism, coupled with the environment in which healthcare services are delivered in Alaska, there is a concern that if health care is underwritten by the Western Region health services and support contractor, the contractor may experience increases in actual costs for healthcare outside the control of the contractor. This has the potential of creating an unwarranted negative fee.

Because of this concern, the purpose of this demonstration is to validate that the Western Region health services and support contractor can avoid the vagaries of Alaska healthcare and the potential negative effect that it may have on the contractor's fee, by not underwriting these healthcare costs for Alaska beneficiaries. Under the demonstration, the costs will be paid by the government from pass through funds.

Under this demonstration, the Western Region health services and support contractor will not be responsible for the underwriting fee for healthcare costs for MHS beneficiaries residing in Alaska. The contractor shall provide all the Services required for Alaska as specified in the TRICARE Operations Manual, Chapter 23, but will not be responsible for the underwriting fee associated with providing those Services under that chapter. All other provisions contained in the TRICARE Health Services and Support Contract, TRICARE Operations Manual (6010.51-M), TRICARE Policy Manual (6010.54-M), TRICARE Systems Manual (7950.1-M), and TRICARE Reimbursement Manual (6010.55-M), shall apply in Alaska.

This demonstration will operate for up to five years after the start of health care delivery for the TRICARE Management Activity Health Services and Support Contract for the Western Region unless extended by separate action. Following program evaluation, the Department of Defense will seek permanent authority to determine program continuation.

Participation in this demonstration is limited to healthcare provided in the State of Alaska.

An independent evaluation of the demonstration will be conducted under a separate contract.

The evaluation will be designed to use a combination of administrative and survey measures of health care access to provide analyses and comment on the effectiveness of the demonstration in meeting its goal of improving beneficiary access to healthcare by maximizing the potential pool of healthcare providers in Alaska.

TRICARE beneficiaries will be asked to comment on the quality of their experiences getting the health care that they need. It is anticipated that the evaluation will compare the reports of TRICARE user-beneficiaries in Alaska to those from the TRICARE region under the administration of TriWest (West) where TriWest is responsible for provider network development and at risk for health care costs. The evaluation will begin at the time health care services are delivered under TriWest administration in both regions.

All analyses will be adjusted to account for demographic differences between these two geographic domains. It is also anticipated that analyses will develop measures of access from data developed in quarterly administration of the TRICARE Beneficiary Survey. Additional administrative claims based indicators of access to health care within the two study domains will also be considered.

Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Leader, Regulatory Information Management Group, Office of the Chief Information Officer, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g., new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment.

Type of Review: Extension.

Title: Grantee Reporting Form.

Frequency: Annually.

Affected Public: Businesses or other for-profit; Not-for-profit institutions; State, Local, or Tribal Gov't, SEAs or LEAs.

Reporting and Recordkeeping Hour Burden:

Responses: 350.

Burden Hours: 400.

Abstract: The Grantee Reporting Form is an information collection form that has been approved and extended with minor modifications by OMB until February 29, 2004. The Rehabilitation Services Administration (RSA) currently uses the Grantee Reporting Form to assess grantees' compliance with program requirements and to report to Congress performance and progress in meeting the purpose for training programs as mandated in Title III of the Rehabilitation Act of 1973, as amended: to “ensure that skilled personnel are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, and psychological rehabilitation programs * * *” The Grantee Reporting Form will provide specific information in this regard, including the number of RSA scholars entering the public vocational rehabilitation workforce, in what rehabilitation field, and in what type of employment ( e.g., State VR agency, nonprofit service provider or practice group).

Requests for copies of the submission for OMB review; comment request may be accessed from http://edicsweb.ed.gov , by selecting the “Browse Pending Collections” link and by clicking on link number 2464. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to the Internet address OCIO_RIMG@ed.gov or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request.

Comments regarding burden and/or the collection activity requirements should be directed to Sheila Carey at her e-mail address Sheila.Carey@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.

This document withdraws a notice requesting public comment on a new collection of information concerning Application for Digital Channel Election for Television Broadcast Station, FCC Form 339, OMB Control Number 3060-XXXX on May 11, 2004 (69 FR 26096).

Title: Aviation Security Infrastructure Fee (ASIF) Records Retention.

Type of Request: New collection.

OMB Control Number: Not yet assigned.

Forms(s): NA.

Affected Public: Air carriers and foreign air carriers that incurred costs for the screening of passengers and property in calendar year 2000.

Abstract: To help defray TSA's costs of providing civil aviation security services, and as authorized by 49 U.S.C. 44940, TSA published in the Federal Register on February 20, 2002, an interim final rule adding part 1511 to the Transportation Security Regulations, which imposed a fee known as the Aviation Security Infrastructure Fee (ASIF) on certain air carriers and foreign air carriers. See 67 FR 7926. The amount of ASIF collected by TSA from the carriers, both overall and per carrier, is based upon the carriers' aggregate and individual costs, respectively, for screening passengers and property in calendar year 2000. Under part 1511, carriers are required to retain any and all documents, records, or information related to the amount of the ASIF, including all information applicable to the carrier's calendar year 2000 security costs and information reasonably necessary for TSA to complete an audit. TSA is seeking a three-year OMB approval to require air carriers to retain the records that support carriers' cost submissions that were collected under control number 2110-0002.

Number of Respondents: 195.

Estimated Annual Burden Hours: 650.

TSA is soliciting comments to—

(1) evaluate whether the proposed information requirement 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;

(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.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq. ), a Federal agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. Therefore, in preparation for submission to obtain clearance of the following information collection, TSA solicits comments in order to—

(1) Evaluate whether the proposed information requirement is necessary for the proper performance of TSA functions, including whether the information will have practical utility;

(2) Evaluate the accuracy of TSA's estimate of the burden;

(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.

TSA has implemented a number of standard operating procedures to screen passengers with disabilities who travel by commercial airline and proceed through passenger security checkpoints at airports. TSA seeks to be a performance-based organization—one that evaluates programs and measures its performance based on credible, objective data. For functions that involve public interaction, such as screening of air travelers, TSA believes that it is imperative to include the opinion of the passengers served as part of our performance measurement.

TSA already conducts population-wide passenger surveys and collects passenger complaints and compliments at the airport and through the TSA Contact Center. We now seek to collect data from passengers with disabilities to evaluate whether screeners are implementing the standard operating procedures properly. We also seek to determine whether passengers with disabilities feel that TSA is treating them with respect and attention to their needs while keeping air travel secure.

TSA intends to collect data via a passenger satisfaction survey distributed by TSA screeners to passengers with disabilities at the conclusion of the screening process. Screeners will be trained to provide the survey to passengers and request their voluntary participation to measure and improve TSA's service. This 10-minute survey will be provided to an expected 30,000 passengers (approximately 300 passengers at each of the 82 major airports, plus a sample from members of stakeholder groups) for an estimated total burden of 5,000 hours. Results will be anonymous, but will be linked to the airport at which the service occurred to help TSA identify high- and low-performing airports.

TSA screeners at the 82 largest airports, which account for approximately 90% of total passengers screened, will distribute the surveys over a two-month period each time a passenger with disabilities is screened. The survey will be self-addressed and postage-paid so that the passenger can return it to TSA at their convenience. Alternatively, passengers may return the survey directly to the TSA screener, if they choose to complete it at the airport. TSA will also distribute surveys to advocacy groups that have worked with us to develop the standard operating procedures for screening passengers with disabilities. These groups will distribute surveys to their members to be returned to TSA.

The survey will seek feedback on TSA's standard procedures for screening (1) passengers with hearing, vision, mobility, and hidden disabilities, as well as other medical conditions, and (2) the assistive devices, equipment, aids, and supplies accompanying passengers in each category. It will ask questions designed to measure whether the standard operating procedures are being met, to assess overall satisfaction and confidence with the screening process, and to help TSA understand its performance in different demographic areas. It will also have space for open-ended comments if passengers wish to provide additional feedback to TSA. The survey will include the mailing address, e-mail address, and phone number of the TSA Screening of Persons with Disabilities Program Office in case passengers have additional questions or want to provide additional information.

TSA personnel from Headquarters and individual airports will use the results to evaluate and improve service to passengers with disabilities. We will analyze questions related to various elements of the standard operating procedures, with respect to each of the four disability types, and with respect to other relevant demographics. The results will not be statistically representative of any population beyond the sample of survey respondents, but will present a relatively comprehensive snapshot of TSA's screening of passengers with disabilities during the two-month period of data collection. The results also will be part of the DHS annual reporting to Congress under the Government Performance and Results Act (GPRA). The TSA Screening of Persons with Disabilities Program is one of the department's top four disability initiatives for this year to ensure the inclusion of people with disabilities in the workforce, operations, and programs.

These surveys were executed at the request of the Bureau of Land Management, and are necessary for the management of resources. The lands surveyed are:

The plat representing the dependent resurvey of a portion of the north boundary, a portion of the subdivisional lines, and the subdivision of certain sections, Township 43 North, Range 108 West, Sixth Principal Meridian, Wyoming, was accepted December 5, 2003.

The plat representing the dependent resurvey of a portion of the subdivisional lines, and the subdivision of section 20, Township 20 North, Range 105 West, Sixth Principal Meridian, Wyoming, was accepted January 29, 2004.

The plat representing the corrective dependent resurvey of a portion of the subdivisional lines, Township 18 North, Range 85 West, Sixth Principal Meridian, Wyoming, was accepted March 12, 2004.

The supplemental plat showing a subdivision of the original lot 3, section 7, Township 33 North, Range 109 West, Sixth Principal Meridian, Wyoming, is based on the original survey approved June 25, 1894, and on a survey by Skylar Wilson, Wyoming Registered Land Surveyor No. 4274, shown on Record of Survey No. 299904, recorded in the Sublette County Clerk's Office, September 26, 2003 in Book 76 Misc., Page 197, was accepted February 20, 2004.

The supplemental plat showing the corrected lotting and acreage, section 1, Township 44 North, Range 74 West, Sixth Principal Meridian, Wyoming, is based on the survey approved March 3, 1997, was accepted March 12, 2004.

The supplemental plat showing the corrected lotting and acreage, section 5, Township 47 North, Range 76 West, Sixth Principal Meridian, Wyoming, is based on the survey approved August 17, 1995, was accepted March 12, 2004.

The supplemental plat showing the corrected lotting and acreage, section 4, Township 45 North, Range 77 West, Sixth Principal Meridian, Wyoming, is based on the survey approved August 17, 1995, was accepted April 9, 2004.

Copies of the preceding described plats are available to the public.

If you wish to comment, you may submit comments by mailing them to the post office address provided above, or you may hand-deliver comments to the park at the street address provided above. Our practice is to make comments, including names and home addresses of responders, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the decision-making record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the decision-making record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety.

Copies of the Record of Decision may be obtained from the contacts above or online at: http://www.nps.gov/planning/nava.

Copies of the Record of Decision may be obtained from the contact listed above.

The Draft EIS was issued for public review under a Notice of Availability on June 20, 2003 for a period of 60 days. Subsequent to its release. Pub. L. 108-108 was signed to direct the exchange on November 10, 2003.

Consistent with section 9(f) of the Reclamation Project Act of 1939 and the rules and regulations published in 52 FR 11954, April 13, 1987 (43 CFR 426.22), Reclamation will publish notice of proposed or amendatory contract actions for any contract for the delivery of project water for authorized uses in newspapers of general circulation in the affected area at least 60 days prior to contract execution. Announcements may be in the form of news releases, legal notices, official letters, memorandums, or other forms of written material. Meetings, workshops, and/or hearings may also be used, as appropriate, to provide local publicity. The public participation procedures do not apply to proposed contracts for the sale of surplus or interim irrigation water for a term of 1 year or less. Either of the contracting parties may invite the public to observe contract proceedings. All public participation procedures will be coordinated with those involved in complying with the National Environmental Policy Act. Pursuant to the “Final Revised Public Participation Procedures” for water resource-related contract negotiations, published in 47 FR 7763, February 22, 1982, a tabulation is provided of all proposed contractual actions in each of the five Reclamation regions. When contract negotiations are completed, and prior to execution, each proposed contract form must be approved by the Secretary of the Interior, or pursuant to delegated or redelegated authority, the Commissioner of Reclamation or one of the regional directors. In some instances, congressional review and approval of a report, water rate, or other terms and conditions of the contract may be involved.

Public participation in and receipt of comments on contract proposals will be facilitated by adherence to the following procedures:

1. Only persons authorized to act on behalf of the contracting entities may negotiate the terms and conditions of a specific contract proposal.

2. Advance notice of meetings or hearings will be furnished to those parties that have made a timely written request for such notice to the appropriate regional or project office of Reclamation.

3. Written correspondence regarding proposed contracts may be made available to the general public pursuant to the terms and procedures of the Freedom of Information Act, as amended.

4. Written comments on a proposed contract or contract action must be submitted to the appropriate regional officials at the locations and within the time limits set forth in the advance public notices.

5. All written comments received and testimony presented at any public hearings will be reviewed and summarized by the appropriate regional office for use by the contract approving authority.

6. Copies of specific proposed contracts may be obtained from the appropriate regional director or his designated public contact as they become available for review and comment.

7. In the event modifications are made in the form of a proposed contract, the appropriate regional director shall determine whether republication of the notice and/or extension of the comment period are necessary.

Factors considered in making such a determination shall include, but are not limited to (i) the significance of the modification, and (ii) the degree of public interest which has been expressed over the course of the negotiations. At a minimum, the regional director shall furnish revised contracts to all parties who requested the contract in response to the initial public notice.

The February 27, 2004, notice should be used as a reference point to identify changes. The numbering system in this notice corresponds with the numbering system in the February 27, 2004.

Pacific Northwest Region: Bureau of Reclamation, 1150 North Curtis Road, Suite 100, Boise, Idaho 83706-1234, telephone 208-378-5223.

8. Baker Valley ID, Baker Project, Oregon: Warren Act contract with cost of service charge to allow for use of project facilities to store nonproject water. Contract executed on February 28, 2004.

Mid-Pacific Region: Bureau of Reclamation, 2800 Cottage Way, Sacramento, California 95825-1898, telephone 916-978-5250.

39. Pershing County Water Conservation District, Humboldt Project, Nevada: Title transfer agreement for conveyance of the Humboldt Project. Modified contract action:

5. Sutter Extension WD, Delano-Earlimart ID, and the State of California Department of Water Resources, CVP, California: Pursuant to Pub. L. 102-575, cooperative agreements with non-Federal entities for the purpose of providing funding for CVP refuge water wheeling facility improvements to provide water for refuge and private wetlands.

16. City of Redding, CVP, California: Amend water service contract No. 14-06-200-5272A, for the purpose of renegotiating the provisions of contract Article 15, “Water Shortage and Apportionment,” to conform to current CVP M&I water shortage policy.

27. Contra Costa WD, CVP, California: Amend water service contract No. I75r-3401A to extend the date for renegotiation of the provisions of contract Article 12 “Water Shortage and Apportionment.”

21. El Dorado ID, CVP, California: Title transfer agreement for conveyance of CVP facilities. This agreement will allow transfer of title for Sly Park Dam, Jenkinson Lake, and appurtenant facilities from the CVP to El Dorado ID. Title transfer completed on December 23, 2003.

35. Banta-Carbona ID, CVP, California: Proposed partial assignment of up to 5,000 acre-feet of Banta Carbona ID's CVP water to the City of Tracy for M&I use. Partial assignment executed on February 27, 2004.

36. The West Side ID, CVP, California: Proposed partial assignment of up to 5,000 acre-feet of the West Side ID's CVP irrigation water to the City of Tracy for M&I use. Partial assignment executed in February 27, 2004.

Lower Colorado Region: Bureau of Reclamation, PO Box 61470 (Nevada Highway and Park Street), Boulder City, Nevada 89006-1470, telephone 702-293-8536.

45. Miscellaneous PPR No. 43, BCP, California: Contract with the City of Needles for 1,500 acre-feet diversion and 950 acre-feet consumptive use.

46. Metropolitan Domestic Water Improvement District, CAP, Arizona: Subcontract for 8,858 acre-feet of water for M&I use.

47. Cortaro-Marina ID, CAP, Arizona: Agreement with Reclamation and Arizona municipalities concerning the operation of a managed effluent recharge facility in the Santa Cruz River Channel.

3. GOBO Farms, BCP, Arizona: Colorado River water delivery contract for 924 acre-feet of Colorado River water per year as recommended by the Arizona Department of Water Resources.

26. Jessen Family Limited Partnership, BCP, Arizona: Contract for delivery of 1,080 acre-feet of Colorado River water for agricultural purposes.

41. Green Valley Water Company, CAP, Arizona: Assignment of subcontract entitlement of 1,900 acre-feet of M&I water per year to Green Valley Domestic Improvement District.

42. Midvale Farms Water Company, CAP, Arizona: Assignment of allocation for 1,500 acre-feet of M&I water per year to the City of Tucson.

46. Metropolitan Domestic Water Improvement District, CAP, Arizona: Subcontract for 8,858 acre-feet of water for M&I use.

Upper Colorado Region: Bureau of Reclamation, 125 South State Street, Room 6107, Salt Lake City, Utah 84138-1102, telephone 801-524-3864.

1.(e) Thomas Chapman, Aspinall Storage Unit, CRSP: Mr. Chapman has requested a 40-year water service contract for 1 acre-foot of water out of Blue Mesa Reservoir to support his pending plan of augmentation, Water Division 4.

23. State of Colorado, Animas-La Plata Project, Colorado and New Mexico: Cost sharing/repayment contract for up to 10,440 acre-feet per year of M&I water; contract terms to be consistent with the Colorado Ute Settlement Act Amendments of 2000 (Title III of Pub. L. 106-554).

24. Coon Creek Reservoir and Ditch Company, Collbran Project: The Coon Creek Reservoir and Ditch Company and the Collbran Conservancy District have requested a nonproject irrigation carriage contract (40-year) to have 3 cfs, not to exceed 1,000 acre-feet annually, of their direct flow irrigation water rights diverted into and delivered through the existing Southside Canal, a feature of the Collbran Project delivery structures.

1.(a) United States Fish and Wildlife Service, Aspinall Unit, CRSP; Colorado: Contract for 25 acre-feet to support an augmentation plan to provide water for the Hotchkiss Fish Hatchery ponds, used to grow out endangered fish, which is a part of the Endangered Fish Recovery Program.

13. Castle Valley Special Service District, City of Huntington, Emery County Project: Assignment of contract for 189 acre-feet of water for municipal purposes.

17. South Cache Water Users Association, Hyrum Project, Utah: Contract to allow the Association to convert up to 1,000 acre-feet of project irrigation water annually to municipal, domestic, and industrial uses.

Great Plains Region: Bureau of Reclamation, PO Box 36900, Federal Building, 316 North 26th Street, Billings, Montana 59107-6900, telephone 406-247-7790.

36. Municipal Subdistrict of the Northern Colorado Water Conservancy District, Colorado-Big Thompson Project, Colorado: Consideration of a new long-term contract or amendment of contract No. 4-07-70-W0107 with the Municipal Subdistrict and the Northern Colorado Water Conservancy District for the proposed Windy Gap Firming Project.

37. Northern Integrated Supply Project, Colorado-Big Thompson Project, Colorado: Consideration of a new long-term contract with approximately 14 regional water suppliers and the Northern Colorado Water Conservancy District for the Northern Integrated Supply Project.

38. Kansas-Bostwick ID No. 2; Franklin, Superior-Courtland, and Courtland Units; Bostwick Division; P-SMBP; Courtland, Kansas: The District requested a deferment of its 2004 repayment obligation. A request is being prepared to amend contract No. 009D6B0120 to defer payments in accordance with the Act of September 21, 1959.

39. Frenchman Valley ID, Frenchman Unit, Frenchman-Cambridge Division, P-SMBP, Culbertson, Nebraska: The District requested a deferment of its 2004 repayment and reserve fund obligations. A request is being prepared to amend contract No. 009E6B0123 to defer payments in accordance with the Act of September 21, 1959.

40. Bostwick ID; Franklin, Superior-Courtland, and Courtland Units; Bostwick Division; P-SMBP; Red Cloud, Nebraska: The District requested a deferment of its 2004 repayment and water service obligations. A request is being prepared to amend contract No. 009E6B0121 to defer payments in accordance with the Act of September 21, 1959.

41. Frenchman-Cambridge ID; Meeker-Driftwood, Red Willow, and Cambridge Units; Frenchman-Cambridge Division; P-SMBP; Cambridge, Nebraska: The District requested a deferment of its 2004 repayment obligation. A request is being prepared to amend contract No. 009D6B0122 to defer payments in accordance with the Act of September 21, 1959.

14. Lower Marias Unit, P-SMBP, Montana: Negotiating for a long-term water service contract with Julie Peterson for the use of up to 478 acre-feet of storage water from Tiber Reservoir to irrigate 239 acres. Temporary/interim contracts are being issued to allow continued delivery of water and the time necessary to complete required actions for the long-term contract process.

22. Helena Valley Unit, P-SMBP, Montana: Initiating discussions with Helena Valley ID for renewal of Part A of the A/B contract which expires December 31, 2004.

23. Crow Creek Unit, P-SMBP, Montana: Initiating discussions with Toston ID for renewal of Part A of the A/B contract which expires December 31, 2004.

28. Helena Valley Unit, P-SMBP, Montana: The long-term water service contract with the City of Helena, Montana, expires December 31, 2004. Initiating discussions for contract renewal for an annual supply of raw water for domestic and M&I use from Helena Valley Reservoir.

32. Town of Deaver, Shoshone Project, Wyoming: Negotiate a long-term contract for up to 475 acre-feet of irrigation water from the two drains below Deaver Reservoir. The contract was executed December 27, 2003.

33. Tom Green County Water Control and Improvement District No. 1, San Angelo Project, Texas: The District has requested a partial deferment of its 2003 repayment obligation. An amendment to contract No. 14-06-500-369 was executed January 29, 2004.

The Commission instituted this investigation on April 16, 2002, based on a complaint filed by SKF USA, Inc. (SKF USA) of Norristown, PA against fourteen respondents. 67 FR. 18632 (2002). Four respondents remain active in the investigation, with ten respondents having either settled with complainant or been found in default. The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale within the United States after importation of certain bearings by reason of infringement of registered and common law trademarks, dilution of trademarks, various acts in violation of the Lanham Act, and passing off. A count concerning “unfair pecuniary benefits” was dismissed by the Commission on September 23, 2002.

On April 10, 2003, the ALJ issued his ID on violation and his recommended determination on remedy and bonding. The ALJ found a violation of section 337 by reason of infringement of SKF USA's registered and common law trademarks by each of the four remaining respondents, viz., Bearings Limited, Bohls Bearing and Transmission Service, CST Bearing Company, and McGuire Bearings Company, and recommended the issuance of a general exclusion order and cease and desist orders to the respondents found in violation. All active parties remaining in the investigation, including the Commission investigative attorney, filed petitions for review on April 21, 2003, and replies to the petitions on April 28, 2003.

On May 27, 2003, the Commission determined to review the ID in part and asked the parties to brief several questions relating to the issue of material differences in the context of trademark infringement by gray market goods. 68 FR 32766-7 (June 2, 2002). Responses to the Commission's questions were filed on June 6, 2003, by all parties remaining in the investigation. Replies to the responses were filed by the same parties on June 13, 2003. Having examined the parties' submissions and the record in this investigation, including the ALJ's ID, the petitions for review, and the responses thereto, the Commission determined on August 6, 2003, to remand the investigation to the ALJ for further fact finding concerning the material differences between complainant's and respondents' bearings. In order to allow sufficient time for the further fact finding, the Commission extended the target date for completion until May 12, 2004. The ALJ issued his additional findings on December 30, 2003. The parties to the investigation filed comments on the additional findings on January 12, 2004, and response comments on January 20, 2004.

The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.45(c) of the Commission's Rules of Practice and Procedure (19 CFR 210.45(c)).

Background .—On February 6, 2004, the Commission determined that responses to its notice of institution of the subject five-year reviews were such that full reviews pursuant to section 751(c)(5) of the Act should proceed (69 FR 7793, February 19, 2004). A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements are available from the Office of the Secretary and at the Commission's web site.

Participation in the reviews and public service list .—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission's notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews.

Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list .—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission's notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

Staff report .—The prehearing staff report in the reviews will be placed in the nonpublic record on August 19, 2004, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission's rules.

Hearing .—The Commission will hold a hearing in connection with these reviews beginning at 9:30 a.m. on September 9, 2004, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before September 1, 2004. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on September 3, 2004, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 days prior to the date of the hearing.

Written submissions .—Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission's rules; the deadline for filing is September 2, 2004. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission's rules. The deadline for filing posthearing briefs is September 20, 2004; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before September 20, 2004. On October 8, 2004, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before October 12, 2004, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR. 68036 (November 8, 2002).

In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

The Coordinating Council on Juvenile Justice and Delinquency Prevention, established pursuant to section 3(2)A of the Federal Advisory Committee Act (5 U.S.C. App. 2), will meet to carry out its advisory functions under section 206 of the Juvenile Justice and Delinquency Prevention Act of 2002, 42 U.S.C. 5601, et seq. Documents such as meeting announcements, agendas, minutes, and interim and final reports will be available on the Council's Web page at http://www.ojjdp.ncjrs.org/council/index.html. (You may also verify the status of the meeting at that Web address.)

The agenda for this meeting will include: (a) Review of past Council actions, (b) coordination of mentoring programs, and (c) discussion of the Final Report of the White House Task Force for Disadvantaged Youth.

Written Comments: Interested parties may submit written comments by May 21, 2004, to Timothy Wight, Designated Federal Official for the Coordinating Council on Juvenile Justice and Delinquency Prevention, OJJDP, at WightT@ojp.usdoj.gov. The Coordinating Council on Juvenile Justice and Delinquency Prevention expects public statements presented at its meetings will not be repetitive of previously submitted statements. No oral comments will be permitted at this meeting.

For security purposes, members of the public who wish to attend the meeting must pre-register by calling the Juvenile Justice Resource Center at 301-519-6473 (Daryel Dunston) or 301-519-5790 (Karen Boston), no later than May 21, 2004. To register on-line, please go to http://www.ojjdp.ncjrs.org/council/meetings.html. Space is limited.

The Susan Harwood Training Grant Program provides funds for programs to train workers and employers to recognize, avoid, and prevent safety and health hazards in their workplaces. The program emphasizes three areas:

• Educating workers and employers in small businesses. A small business has 250 or fewer workers.

• Training workers and employers about new OSHA standards.

• Training workers and employers about high risk activities or hazards identified by OSHA through its Strategic Management Plan, or as part of an OSHA special emphasis program.

OSHA will accept applications for two different categories of grants in FY 2004:

• Targeted Topic training category grants.

• OSHA Training Materials Development category grants.

Grantees funded for Targeted Topic category grants are expected to provide occupational safety and health training programs on topics selected by OSHA, develop safety and health training and/or educational programs, recruit workers and employers for the training, and conduct and evaluate the training. Grantees are also expected to follow up with people trained by their program to determine what, if any, changes were made to reduce hazards in their workplaces as a result of the training. If your organization plans to train workers or employers in any of the 26 states operating OSHA-approved State Plans, State OSHA requirements should be included in the training.

Four different topic areas were selected for this grant announcement. OSHA may award grants for some or all of the listed Targeted Topics. Applicants wishing to apply for more than one grant topic must submit a separate grant application for each topic. Each application must propose a plan for developing and conducting training programs addressing the recognition and prevention of safety and health hazards for one of the four following industries or topics of emphasis:

Construction Industry Hazards. Programs that train workers and employers in the recognition and prevention of safety and health hazards in one of the following subject areas:

• Excavation and trenching.

• Residential construction.

• Commercial Roofing.

General Industry Hazards. Programs that train workers and employers in the recognition and prevention of safety and health hazards in one of the following industries:

• Food processing industry involved in preserving fruits and vegetables (SIC 203/NAICS 3114).

• Concrete and concrete products (SIC 327 except 3274 and 3275/NAICS 32733).

• Public warehousing and storage (SIC 422/NAICS 4931).

• Landscaping/horticultural services (SIC 078/NAICS 56173).

Ergonomics. Programs that are based on OSHA's industry-specific ergonomics guidelines that train workers and employers on ergonomic hazards. Other industries that have high incidence rates for ergonomic injuries, for which guidelines are not available, can be proposed by applicants. Select one of the following industries:

• Poultry Processing Industry.

• Retail Grocery Stores.

• Other Industry. The selected industry must have a high incidence rate for ergonomic injuries. The applicant must substantiate the rate based on Bureau of Labor Statistics (BLS) data in its proposal. The training program should follow established best practices or follow a combination of effective practices for addressing the ergonomic risk factors for the industry being targeted to receive this training.

Healthcare Industry. Programs that train workers and employers about the prevention of respiratory diseases and exposures, including tuberculosis, in one of the following healthcare settings:

• Hospitals (SIC 806/NAICS 6221).

• Nursing Homes (SIC 805/NAICS 6231).

Grantees funded for OSHA Training Materials Development category grants are expected to develop, evaluate, and validate “classroom-quality” training materials on occupational safety and health topics selected by OSHA that may be used immediately for classroom or worksite training or for self-study. The objective is to make quality training materials available for training and education purposes that have broad applicability. The training materials should be tailored to the topic, industry, and targeted audience announced in this solicitation. While limited on-site training may be proposed for evaluation and validation purposes, the conduct of training programs should not be a significant workplan element in the grant proposal. The training materials are to be developed in portable formats that are suitable for hard-copy publication and distribution and Internet publication and distribution.

Grantees developing training materials under this grant category will be required to post the training materials on their organization's Web site for two years after receiving OSHA approval of their final products, and provide access to users at no cost. OSHA may list the grantees' URL addresses to access these materials or directly link to the materials on the grantees' Web sites from OSHA's Web site. In addition, these grantees will also be required to track and report quarterly to OSHA on the distribution and use of these training materials during the two years the materials are posted on their Web site. Grantees will collect and report on training materials product usage by tracking the number of times the grantee's training materials Web site was visited, and the number of times the training materials were downloaded. After the two year period, OSHA may continue to post or to link to the materials on the Internet for no-cost access by any interested party.

Four different topic areas were selected for this grant announcement. OSHA may award grants for some or all of the OSHA Training Materials Development topics. Applicants wishing to apply for more than one grant topic must submit a separate grant application for each topic. Each application must propose a plan for developing, evaluating and validating training materials for one of the four following industries or topics of emphasis:

Construction Industry Hazards. Programs suitable for training others or for self-study in the recognition and prevention of safety and health hazards in one of the following subject areas:.

• Excavation and trenching.

• Residential construction.

• Commercial Roofing.

General Industry Hazards. Programs suitable for training others or for self-study in the recognition and prevention of safety and health hazards in one of the following industries:

• Food processing industry involved in preserving fruits and vegetables (SIC 203/NAICS 3114).

• Concrete and concrete products (SIC 327 except 3274 and 3275/NAICS 32733).

• Steel works, blast furnaces, and rolling and finishing mills (SIC 331/NAICS 3311 and 3312).

• Ship and boat building and repair (SIC 373/NAICS 33661).

• Public warehousing and storage (SIC 422/NAICS 4931).

• Landscaping/horticultural services (SIC 078/NAICS 56173).

• Oil and gas field services (SIC 138/NAICS 213111 and 213112).

Lead Exposure. Programs suitable for training others or for self-study in the recognition and the prevention of exposure to lead hazards in one of the following industries:

• Lead hazards in construction.

• Lead hazards in general industry.

Transportation Fatalities, Work-Related. Programs suitable for training others or for self-study about the principles of safe driving and the prevention of work-related transportation fatalities.

• Work-related motor vehicle accident and fatality prevention program.

Targeted Topic category grants will be awarded for a 12-month period. The performance period for these grants begins September 30, 2004, and ends September 30, 2005. There is approximately $1.3 million available for this grant category. The average Federal award will be $150,000.

OSHA Training Materials Development category grants will be awarded for a 12-month period. The performance period for these grants begins September 30, 2004, and ends September 30, 2005. There is approximately $4 million available for this grant category. The average Federal award will be $200,000.

Any nonprofit organization, including community-based and faith-based organizations, that is not an agency of a State or local government, is eligible to apply. State or local government supported institutions of higher education are eligible to apply in accordance with 29 CFR part 95. Eligible organizations can apply independently for funding, or in partnership with other eligible organizations, but in such a case, a lead organization must be identified. Sub-contracts must be awarded in accordance with 29 CFR 95.40-48, including OMB circulars requiring free and open competition for procurement transactions.

A 501(c)(4) nonprofit organization, as described in 26 U.S.C. 501(c)(4), that engages in lobbying activities will not be eligible for the receipt of Federal funds constituting an award, grant or loan. See 1 U.S.C. 1611.

Applicants other than State or local government supported institutions of higher education will be required to submit evidence of nonprofit status, preferably from the Internal Revenue Service (IRS).

Authorities: The Occupational Safety and Health Act of 1970 and the Consolidated Departments Appropriations Act Resolution 2003, Pub. L. 108-7, authorize this program.

Applicants are not required to contribute non-Federal resources towards the grant.

The government is prohibited from providing direct financial assistance for religious activity * . These grants may not be used for religious instruction, worship, prayer, proselytizing or other inherently religious practices. Neutral, non-religious criteria that neither favor nor disfavor religion will be employed in the selection of grant recipients and must be used by grantees in the selection of sub-recipients.

Application forms are published as part of this Federal Register notice and in the Federal Register , which may be obtained from your nearest U.S. Government office or public library or online at http://www.archives.gov/federal_register/index.html. The complete Federal Register notice may also be downloaded from the OSHA Susan Harwood Training Grant Program Web site at http://www.osha.gov/fso/ote/training/sharwood/sharwood.html .

Separate grant applications must be submitted by organizations interested in applying for a grant under more than one grant category and by organizations interested in applying for more than one topic area under each category.

To be considered for a Harwood grant, an application must include all of the information listed below. A complete application will contain the following forms and narrative sections. The parts are listed in the order in which they should appear in the application.

(a) Application for Federal Assistance form (SF 424).

(b) Survey on Ensuring Equal Opportunity for Applicants form.

(c) Program Summary. The program summary is a short one-to-two page abstract that summarizes the proposed project and provides information about the applicant organization.

(d) Budget Information forms (SF 424A).

(e) Detailed Project Budget Backup. The detailed budget will break out the costs that are listed in Section B of the SF 424A Budget Information form.

(f) A description of any voluntary non-Federal resource contribution to be provided by the applicant, including source of funds and estimated amount.

(g) Technical Proposal, program narrative, not to exceed 30 single-sided pages, double-spaced, 12-point font, containing: Problem Statement/Need for Funds; Administrative and Program Capability; and Workplan.

(h) Assurances form (SF 424B).

(i) Certifications form (OSHA 189).

(j) Supplemental Certification Regarding Lobbying Activities form.

(k) Organizational Chart.

(l) Evidence of Non-Profit status, if applicable. (Does not apply to State and local government-supported institutions of higher education.)

(m) Accounting System Certification, if applicable. Organizations that receive less than $1 million annually in Federal grants must attach a certification signed by your certifying official stating that your organization has a functioning accounting system that meets the criteria below. Your organization may also designate a qualified entity (include the name and address in the documentation) to maintain a functioning accounting system that meets the criteria below. The certification should attest that your organization's accounting system provides for the following:

1. Accurate, current and complete disclosure of the financial results of each federally sponsored project.

2. Records that identify adequately the source and application of funds for federally sponsored activities.

3. Effective control over and accountability for all funds, property and other assets.

4. Comparison of outlays with budget amounts.

5. Written procedures to minimize the time elapsing between the transfer of funds.

6. Written procedures for determining the reasonableness, allocability and allowability of costs.

7. Accounting records, including cost accounting records, that are supported by source documentation.

(n) Any attachments such as resumes, exhibits, lists of previous grants, and letters of support.

The forms listed above are included as a part of this Federal Register notice. The forms are also available on the OSHA grant Web page at http://www.osha.gov/fso/ote/training/sharwood/sharwood.html#apply. These forms do not count toward the page limitation specified.

The Technical Proposal will contain the narrative segments of the application including the Program Summary abstract, not to exceed two pages; and the Program Narrative section, not to exceed 30 single-sided, double-spaced, 12-point font, typed pages in length; consisting of the Problem Statement/Need for Funds; Administrative and Program Capability; and Workplan. Reviewers will only consider Technical Proposal Program Narrative information up to the 30-page limit. The Technical Proposal must demonstrate the capability to successfully administer the grant and to meet the objectives of this solicitation. The Technical Proposal will be rated in accordance with the selection criteria specified in section V., A. ( Note: Separate review criteria are provided for each grant category.)

The Technical Proposal must include the following sections.

(a) Program Summary; an abstract of the application, not to exceed two pages, that must include the following information:

• Applicant organization's full legal name.

• Project director's name, title, street address, and mailing address if it is different from the street address, telephone and fax numbers, and e-mail address. The Project Director is the person who will be responsible for the day-to-day operations and administration of the program.

• Certifying Representative's name, title, street address, and mailing address if it is different from the street address, telephone and fax numbers, and e-mail address. The Certifying Representative is the official in your organization who is authorized to enter into grant agreements.

• Funding requested. List how much Federal funding you are requesting. If your organization is contributing non-Federal resources, also list the amount of non-Federal resources your organization is contributing.

• Grant Category. List the grant category your organization is applying under, i.e. , Targeted Topic category, or OSHA Training Materials Development category.

• Grant Topic. List the grant topic and industry or subject area your organization has selected to target in its application.

• Summary of the Program. Write a brief summary of your program.

• Applicant Background. Describe your applicant organization, including its mission and a description of your membership, if any.

(b) The Program Narrative segment, which is not to exceed 30 pages in length, should address each section listed below.

• Problem Statement/Need for Funds. Describe the hazards that will be addressed in your program, the target population(s) that will benefit from your training and education program, and the barriers that have prevented this population from receiving adequate training. When you discuss target populations, include geographic location(s), and the number of workers and employers.

• Administrative and Program Capability. Briefly describe your organization's functions and activities. Relate this description of functions to your organization chart that is included in the application. If your organization is conducting, or has conducted within the last five years, any other government (Federal, State, local) grant programs, the application must include an attachment (which will not count towards the page limit) providing information regarding previous grants including (a) the organization for which the work was done, and (b) the dollar value of the grant. If your organization has no previous grant experience, you may partner with an organization that has grant experience to manage the grant. If you use this approach, the management organization should be identified and its grant program experience discussed.

Program Experience. Describe your organization's experience conducting the type of program that you are proposing. Include program specifics such as program title, numbers trained and duration of training. Experience includes safety and health experience, training experience with adults, and programs operated specifically for the selected target population(s). Nonprofit organizations, including community-based and faith-based organizations, that do not have prior experience in safety and health may partner with an established safety and health organization to acquire safety and health expertise.

• Staff Experience. Describe the qualifications of the professional staff you will assign to the program. Include resumes of staff already on board. If some positions are vacant, include position descriptions/minimum hiring qualifications instead of resumes. Qualified staff are those with safety and health experience, training experience and experience working with the target population.

• Workplan. The 12-month workplan should correlate with the period of performance that will begin September 30, 2004, and end September 30, 2005. An outline of specific items required in your workplan follows.

Plan Overview. Describe your plan for grant activities and the anticipated outcomes. The overall plan will describe such things as the recruiting of trainees, the training content, where or how training will take place, and the anticipated benefits to workers and employers receiving the training.

Activities. Break your overall plan down into activities or tasks. For each activity, explain what will be done, who will do it, when it will be done, and the results of the activity. When you discuss training include the subjects to be taught, the length of the training sessions, and training location (classroom, worksites.) Describe how you will recruit trainees for the training.

Quarterly Projections. For training and other quantifiable activities, estimate how many you will do each quarter of the grant (grant quarters match calendar quarters ( i.e. , January to March, April to June)) and provide the training number totals for the grant. Quarterly projections are used to measure your actual performance against your plans. If you plan to conduct a train-the-trainer program, estimate the number of individuals you expect to be trained during the grant period by those who received the train-the-trainer training. These second tier training numbers should only be included if your organization is planning to follow up with the trainers to obtain this data during the grant period.

Materials. Describe each educational material you will produce under the grant, if not treated as a separate activity under Activities above. Provide a timetable for developing and producing the material. OSHA must review and approve training materials for technical accuracy before the materials are used in your grant program. Therefore, your timetable must include provisions for an OSHA review of draft and camera-ready products as well as any commercially acquired training materials being proposed for use in your training programs.

Evaluation. There are three types of evaluations that should be conducted. First, describe plans to evaluate the training sessions or the training materials being developed. Second, describe your plans to evaluate your progress in accomplishing the grant work activities listed in your application. This includes comparing planned and actual accomplishments. Discuss who is responsible for taking corrective action if plans are not being met. Third, describe your plans to assess the effectiveness of the training your organization is conducting or to evaluate and validate the training materials your organization is developing. This will involve following-up, by survey or on-site review, if feasible, with people who attended the training or utilized your training materials to find out what changes were made to abate hazards in their workplaces. Include timetables for follow-up and for submitting a summary of the assessment results to OSHA.

(c) An organizational chart of the staff that will be working on this grant and their location within the applicant organization.

(d) A Detailed Project Budget that clearly details the costs of performing all of the requirements presented in this solicitation. The detailed budget will break out the costs that are listed in section B of the SF 424A Budget Information form.

(e) A description of any voluntary non-Federal resource contribution to be provided by the applicant, including source of funds and estimated amount.

Attachments: Summaries of other relevant organizational experiences; information on prior government grants; resumes of key personnel and/or position descriptions; and signed letters of commitment to the project.

To be considered responsive to this solicitation the application must consist of the above mentioned separate parts. The Technical Proposal narrative is not to exceed 30 single-sided (8 1/2 ″ x 11″ or A4), double-spaced, 12-point font, typed pages. 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. Standard Forms, attachments, resumes, exhibits, letters of support, and the abstract are not counted toward the page limit.

Applicants are reminded to budget for compliance with the administrative requirements set forth (copies of all regulations that are referenced in this SGA are available at no cost, on-line, at http://www.osha.gov/fso/ote/training/sharwood/sharwood.html) . This includes the costs of performing activities such as travel for two staff members, one program and one financial, to the Chicago area to attend a new grantee orientation meeting; financial audit, if required; project closeout; document preparation ( e.g. , quarterly progress reports, project document); and ensuring compliance with procurement and property standards. The Detailed Project Budget should identify administrative costs separately from programmatic costs for both Federal and non-Federal funds. Administrative costs include indirect costs from the costs pool and the cost of activities, materials, meeting close-out requirements as described in section VI, and personnel ( e.g. , administrative assistants) who support the management and administration of the project but do not provide direct services to project beneficiaries. Administrative costs cannot exceed 25% of the total grant budget. The project budget should clearly demonstrate that the total amount and distribution of funds is sufficient to cover the cost of all major project activities identified by the applicant in its proposal, and must comply with Federal cost principles (which can be found in the applicable OMB Circulars).

Date: The closing date for receipt of applications is Friday, June 18, 2004. Applications must be received by 4:30 p.m. (central time) at the address below. Applications sent by e-mail, telegram, or facsimile (fax) will not be accepted. Applications sent by other delivery services, such as Federal Express, UPS, etc., will be accepted; the applicant, however, bears the responsibility for timely submission. Applications that do not meet the conditions set forth in this notice will not be honored. No exceptions to the mailing and delivery requirements set forth in this notice will be granted.

Applications must be delivered to: Grants Officer, U.S. Department of Labor, OSHA, Office of Training and Education—OETP, 2020 S. Arlington Heights Road, Arlington Heights, Illinois 60005-4102.

The individual signing the SF 424 form on behalf of the applicant must be authorized to bind the applicant.

One (1) blue ink-signed original complete application in English plus two (2) copies of each application must be received at the designated place by the date and time specified, or it will not be considered unless it is received before the award is made and:

(a) It was sent by registered or certified mail no later than the fifth calendar day before the closing date; or

(b) It was sent by U.S. Postal Service Express Mail/Next Day Service from the post office to the addressee no later than 4:45 p.m. at the place of mailing two (2) working days (excluding weekends and Federal holidays and days when the Federal government is closed), prior to the closing date; or

(c) 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.

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 “bulls-eye” postmark on both the receipt and the envelope or wrapper.

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 from the Post Office to the addressee is the date entered by the Post Office receiving clerk on the “Express Mail/Next Day Service—Post Office to Addressee” label and the postmark on the envelope or wrapper on the original receipt from the U.S. Postal Service. “Postmark” has the same meaning as defined above.

The Harwood Training Grant Program is not subject to Executive Order 12372 Intergovernmental Review of Federal Programs.

Grant funds may be spent on the following.

(a) Conducting training.

(b) Conducting other activities that reach and inform workers and employers about workplace occupational safety and health hazards and hazard abatement.

(c) Conducting outreach and recruiting activities to increase the number of workers and employers participating in the program.

(d) Developing educational materials for use in training.

(e) For the OSHA Training Materials Development category grants, purchase of software necessary to track the number of visits to the grantee's training materials Web site and the number of times the training materials were downloaded.

Grant funds may not be used for the following activities under the terms of the grant program.

(a) Any activity that is inconsistent with the goals and objectives of the Occupational Safety and Health Act of 1970.

(b) Training individuals not covered by the Occupational Safety and Health Act.

(c) Training workers or employers from workplaces not covered by the Occupational Safety and Health Act. Examples include: State and local government workers in non-State Plan States, and workers covered by section 4(b)(1) of the Act.

(d) Training on topics that do not cover the recognition, avoidance, and prevention of unsafe or unhealthy working conditions. Examples of unallowable topics include: workers' compensation, first aid, and publication of materials prejudicial to labor or management.

(e) Assisting workers in arbitration cases or other actions against employers, or assisting employers and workers in the prosecution of claims against Federal, State or local governments.

(f) Duplicating services offered by OSHA, a State under an OSHA-approved State Plan, or consultation programs provided by State designated agencies under section 21(d) of the Occupational Safety and Health Act.

(g) Generating membership in the grantee's organization. This includes: activities to acquaint nonmembers with the benefits of membership, inclusion of membership appeals in materials produced with grant funds, membership drives.

While the activities described above may be part of an organization's regular programs, the costs of these activities cannot be paid for by grant funds, whether the funds are from matching resources or from the Federally funded portion of the grant.

Determinations of allowable costs will be made in accordance with the applicable Federal cost principles, e.g. , Nonprofit Organizations—OMB Circular A-122; Educational Institutions—OMB Circular A-21. Disallowed costs are those charges to a grant that the grantor agency or its representative determines to not be allowed in accordance with the applicable Federal Cost Principles or other conditions contained in the grant.

No applicant at any time will be entitled to reimbursement of pre-award costs.

Grant applications will be reviewed by technical panels comprised of OSHA staff. The results of the grant reviews will be presented to the Assistant Secretary who will make the selection of organizations to be awarded grants. Agency priorities and geographic factors may also be taken into consideration in the selection process. OSHA may award grants for some or all of the listed topic areas. It is anticipated that the grant awards will be announced in September 2004.

The technical panel will review grant applicants against the criteria listed below, which are separately listed for the “Targeted Topic” and “OSHA Training Materials Development” categories, on the basis of 100 points.

Targeted Topic category grant applications will be reviewed and rated as follows.

(1) The proposed training and education program addresses the recognition and prevention of safety and health hazards for one of the four following industries or topics of emphasis. (5 points)

Construction Industry Hazards. Programs that train workers and employers in the recognition and prevention of safety and health hazards in one of the following subject areas:

• Excavation and trenching.

• Residential construction.

• Commercial Roofing.

General Industry . Programs that train workers and employers in the recognition and prevention of safety and health hazards in one of the following industries:

• Food processing industry involved in preserving fruits and vegetables (SIC 203/NAICS 3114).

• Concrete and concrete products (SIC 327 except 3274 and 3275/NAICS 32733).

• Public warehousing and storage (SIC 422/NAICS 4931).

• Landscaping/horticultural services (SIC 078/NAICS 56173).

Ergonomics . Programs that are based on OSHA's industry-specific ergonomics guidelines that train workers and employers on ergonomic hazards. Other industries that have high incidence rates for ergonomic injuries, that guidelines are not available for, can be proposed by applicants. Select one of the following industries:

• Poultry Processing Industry.

• Retail Grocery Stores.

• Other Industry. The selected industry must have a high incidence rate for ergonomic injuries. The applicant must substantiate the rate based on Bureau of Labor Statistics (BLS) data in its proposal. The training program should follow established best practices or follow a combination of effective practices for addressing the ergonomic risk factors for the industry being targeted to receive this training.

Healthcare Industry . Programs that train workers and employers about the prevention of respiratory diseases and exposures, including tuberculosis, in one of the following healthcare settings:

• Hospitals (SIC 806/NAICS 6221).

• Nursing Homes (SIC 805/NAICS 6231).

(2) The proposal plans to train workers and/or employers and clearly estimates the numbers to be trained, and clearly identifies the types of workers and employers to be trained. The training will reach workers and employers from multiple employers. (5 points)

(3) If the proposal contains a train-the-trainer program, the following information must be provided:

• What ongoing support the grantee will provide to new trainers;

• The number of individuals to be trained as trainers;

• The estimated number of courses to be conducted by the new trainers;

• The estimated number of students to be trained by these new trainers; and

• A description of how the grantee will obtain data from the new trainers about their classes and student numbers. (3 points)

(4) The planned activities and training are tailored to the needs and levels of the workers and employers to be trained. The target population to be served through the grant program is described. The training materials and training programs are to be tailored to the training needs of one or more of the following target audiences: Small businesses; minority businesses; limited English proficiency, non-literate and low literacy workers; youth; immigrant and minority workers; and other hard-to-reach workers; and workers in high-hazard industries and industries with high fatality rates. Organizations proposing to develop Spanish-language training materials for the construction industry should utilize the English-to-Spanish OSHA Dictionary of Construction Terms for terminology. The Dictionary is available on the OSHA Web site at http://www.osha.gov/as/opa/spanish/dict_const_e-s.html. (7 points)

(5) There is a plan to recruit trainees for the program. (7 points)

(6) If the proposal includes developing educational materials for use in the training program, there is a plan for OSHA to review the educational materials for technical accuracy during development. If commercially-developed training products will be used for the program, applicants should also plan for OSHA to review the materials before using the products. (5 points)

(7) There is a plan to evaluate the program's effectiveness and impact to determine if the safety and health training and services provided resulted in workplace change. This includes a description of the evaluation plan to follow up with trainees to determine the impact the program has had in abating hazards and reducing worker injuries. (5 points)

(8) The application is complete, including forms, budget detail, narrative and workplan, and required attachments. (3 points)

(1) The budgeted costs are reasonable. No more than 25% of the total budget is for administration. (5 points)

(2) The budget complies with Federal cost principles (which can be found in the applicable OMB Circulars) and with OSHA budget requirements contained in the grant application instructions. (5 points)

(3) The cost per trainee is less than $500 and the cost per training hour is reasonable. (5 points)

(1) The organization applying for the grant demonstrates experience with occupational safety and health. Applicants that do not have prior experience in providing safety and health training to workers or employers may partner with an established safety and health organization to acquire safety and health expertise. (6 points)

(2) The organization applying for the grant demonstrates experience in training adults in work-related subjects or in providing services to its target audience. (6 points)

(3) The application demonstrates that the applicant has strong financial management and internal control systems. The applicant organization demonstrates experience managing a variety of programs. (5 points)

(4) Information regarding any Federal and/or State grants that the organization has administered over the past five years is provided. (3 points)

(1) The staff to be assigned to the project has experience in occupational safety and health, the specific topic chosen, and in training adults. (15 points)

(2) Project staff have experience in recruiting, training, and working with the population your organization proposes to serve under the grant. (10 points)

OSHA Training Materials Development category grant applications will be reviewed and rated as follows.

Grantees will be expected to develop, evaluate and validate training materials that are tailored to a specific topic, industry and target audience that could be used to supplement materials that are currently available from OSHA and other government agencies. More than one target audience may be selected. The training materials must include:

• Detailed description of the most dangerous tasks/job duties.

• Identification of the hazards associated with these tasks.

• Methods of abating these hazards.

• Training materials should be tailored directly to the target audience participant. Grantees will be expected to submit “classroom quality” products. Classroom quality materials should follow the commonly accepted instructional systems design process that OSHA has adopted as a quality measure for all of its education and training products. OSHA has outlined a seven-step design process in the U.S. Department of Labor publication OSHA 2254 (1998 Revised) Training Requirements in OSHA Standards and Training Guidelines OSHA's seven-step model is: Determine if training is needed; identify training needs; identify goals and objectives; develop learning activities; conduct the training; evaluate program effectiveness; and improve the program.

• Grantees are to develop the training materials in a portable format that is suitable for hard-copy publication and distribution and Internet publication and distribution.

• Grantees will be required to post the approved final product training materials on their Web site for two years at no cost to users. OSHA may list the grantees' URL addresses to access these materials or directly link to the materials on the grantees' Web sites from OSHA's Web site.

• Grantees will be required to track and report quarterly to OSHA on the usage of the training materials developed under this grant. Usage statistics would include the number of times the training materials Web site was visited, and the number of times the training materials were downloaded from the Internet during the two-year period.

(1) The proposed training and educational materials are tailored to the specific topic, industry and a selected target audience and address one of the four selected training materials topics. (5 points)

Construction Industry Hazards. Programs that train workers and employers in the recognition and prevention of safety and health hazards in one of the following areas:

• Excavation and trenching.

• Residential construction.

• Commercial Roofing.

General Industry Hazards . Programs that address the recognition and prevention of safety and health hazards in one of the following industries:

• Food processing industry involved in preserving fruits and vegetables (SIC 203/NAICS 3114).

• Concrete and concrete products (SIC 327 except 3274 and 3275/NAICS 32733).

• Steel works, blast furnaces, and rolling and finishing mills (SIC 331/NAICS 3311 and 3312).

• Ship and boat building and repair (SIC 373/NAICS 33661).

• Public warehousing and storage (SIC 422/NAICS 4931).

• Landscaping/horticultural services (SIC 078/NAICS 56173).

• Oil and gas field operations (SIC 138/NAICS 213111 and 213112).

Lead Hazards. Programs that train employers and workers about the recognition of lead hazards within their industry and the prevention of exposure. Applicants should select one of the following industries:

• Lead hazards in construction.

• Lead hazards in general industry.

Transportation Fatalities, Work-Related. Programs that train workers and employers about the principles of safe driving and the prevention of work-related transportation fatalities:

• Work-related motor vehicle accident and fatality prevention program.

(2) The intended audience(s) for this training is identified. Evidence will be provided of a plan to analyze the training needs of the selected target audience. Training programs and materials are to be tailored to the training needs of one or more of the following target audiences: Small businesses; minority businesses; limited English proficiency, non-literate and low literacy workers; youth; immigrant and minority workers; other hard-to-reach workers; and workers in high-hazard industries or industries with high fatality rates. Organizations proposing to develop Spanish-language training materials for the construction industry should utilize the English-to-Spanish OSHA Dictionary of Construction Terms for terminology. The Dictionary is available on the OSHA Web site at http://www.osha.gov/as/opa/spanish/dict_const_e-s.html. (7 points)

(3) Tasks/job duties that will be discussed during training are described. An explanation will be provided of how the tasks/job duties or other unique characteristics of the intended audience will be incorporated into the training materials. Occupational safety and health hazards associated with the featured tasks/job duties are described. An explanation of how these hazards were identified and a description of the method(s) being proposed to eliminate or control the hazards to be highlighted during the training process are provided. (5 points)

(4) A written set of objectives is provided for each course or set of training materials. Proposed method(s) to evaluate and verify how the training objectives will be met are described. There is a clear link between objectives and evaluation criteria. (7 points)

(5) A brief outline of the proposed course or training program content is provided. A sample lesson/training module or a detailed description of the lesson/training module is included. (5 points)

(6) Description of the items that will be included as the final training products/materials is provided. These may include instructor's manuals, student's manuals, brochures, visual aids, videotapes, or technology-based training materials such as digital photos, CDs, DVDs, or Web-based products. (4 points)

(7) Proposal includes a plan for OSHA to review the educational materials for (1) technical accuracy and (2) quality of instructional design during development. (5 points)

(8) Proposal explains how the grantee will track and report on the usage of the training materials during the two-year time period the materials are to be posted on the grantee's Web site. (4 points)

(9) The application is complete, including forms, budget detail, narrative and workplan, and required attachments. (3 points)

(1) The budgeted costs are reasonable. No more than 25% of the total budget is for administration. (5 points)

(2) The budget complies with Federal cost principles (which can be found in applicable OMB Circulars) and with OSHA budget requirements contained in the grant application instructions. (5 points)

(1) Applicant organization demonstrates experience with occupational safety and health. Applicants that do not have prior experience in safety and health may partner with an established safety and health organization to acquire safety and health expertise. (6 points)

(2) Applicant organization demonstrates experience training adults in work-related subjects or in recruiting, training, and working with the population it proposes to serve under the grant. (6 points)

(3) Applicant organization demonstrates that it has strong financial management and internal control systems. The applicant organization demonstrates experience managing a variety of programs. (5 points)

(4) Any Federal and/or State grants that the organization has administered over the past five years are listed. (3 points)

(1) The staff to be assigned to the project has experience in occupational safety and health, the specific topic chosen, and training adults. (15 points)

(2) Staff has experience in recruiting, training, and working with the population it proposes to serve under the grant. (10 points)

OSHA will screen all applications to determine whether all required proposal elements are present and clearly identifiable. Those that do not may be deemed non-responsive and may not be evaluated. A technical panel will objectively rate each complete application against the criteria described in this announcement. The panel recommendations to the Assistant Secretary are advisory in nature. The Assistant Secretary may establish a minimally acceptable rating range for the purpose of selecting qualified applicants. The Assistant Secretary will make a final selection determination based on what is most advantageous to the Government, considering factors such as panel findings, geographic presence of the applicants, and the best value to the government, cost, and other factors. The Assistant Secretary's determination for award under this SGA is final.

Announcement of these awards is expected to occur by September 30, 2004. The grant agreement will be awarded by no later than September 30, 2004.

Organizations selected as grant recipients will be notified by a representative of the Assistant Secretary, usually from an OSHA Regional office. An applicant whose proposal is not selected will be notified in writing.

Notice that an organization has been selected as a grant recipient does not constitute approval of the grant application as submitted. Before the actual grant award, OSHA will enter into negotiations concerning such items as program components, staffing and funding levels, and administrative systems. If the negotiations do not result in an acceptable submittal, the Assistant Secretary reserves the right to terminate the negotiation and decline to fund the proposal.

All grantees, including faith-based organizations, will be subject to applicable Federal laws and regulations (including provisions of appropriations law) and the applicable Office of Management and Budget (OMB) Circulars. The grant award(s) awarded under this SGA will be subject to the following administrative standards and provisions, if applicable.

29 CFR part 95, which covers grant requirements for nonprofit organizations, including universities and hospitals. These are the Department of Labor regulations implementing OMB Circular A-110.

29 CFR part 93, new restrictions on lobbying.

29 CFR part 98, governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace (grants.)

OMB Circular A-21, which describes allowable and unallowable costs for educational institutions.

OMB Circular A-122, which describes allowable and unallowable costs for other nonprofit organizations.

OMB Circulars A-133, 29 CFR parts 96 and 99, which provide information about audit requirements.

29 CFR parts 31, 32 and 36 as applicable.

Certifications. All applicants are required to certify to a drug-free workplace in accordance with 29 CFR part 98, to comply with the New Restrictions on Lobbying published at 29 CFR part 93, to make a certification regarding the debarment rules at 29 CFR part 98, and to complete a special lobbying certification.

Students. Grant-funding training programs must serve multiple employers and their employees. Grant-funded training programs must serve individuals covered by the Occupational Safety and Health Act of 1970. As a part of the grant close-out process, grantees must self-certify that their grant-funded programs and materials were not provided to ineligible audiences.

Other. In keeping with the policies outlined in Executive Orders 13256, 12928, 13230, and 13021 as amended, the grantee is strongly encouraged to provide subgranting opportunities to Historically Black Colleges and Universities, Hispanic Serving Institutions,and Tribal Colleges and Universities.

OSHA review of educational materials. OSHA will review all educational materials produced by the grantee for technical accuracy and quality of instructional design during development and before final publication. OSHA will also review training curricula and purchased training materials for accuracy before they are used. Grantees developing training materials must follow all copyright laws and document that their materials are free from copyright infringements.

When grant recipients produce training materials, they must provide copies of completed materials to OSHA before the end of the grant period. OSHA has a lending program that circulates grant-produced audiovisual materials. Audiovisual materials produced by the grantee as a part of its grant program will be included in this lending program. In addition, all materials produced by grantees must be provided to OSHA in hard copy as well as in a digital format (CD Rom/DVD) for possible publication on the Internet by OSHA. Three copies of the materials must be provided to OSHA. Acceptable formats for training materials include Microsoft Word 2000 and Microsoft PowerPoint 2000.

As listed in 29 CFR 95.36, the Department of Labor reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

Posting of OSHA Training Materials Development Training Materials on the Internet. Grantees developing training materials under the OSHA Training Materials Development grant category will be required to post the training materials on their organization's Web site for two years after receiving OSHA approval of their final products, and provide access to users at no cost. OSHA may list the grantees' URL addresses to access these materials or directly link to the materials on the grantees' Web sites from OSHA's Web site. In addition, these grantees will also be required to track and report quarterly to OSHA on the distribution and use of these training materials during the two years the materials are posted on their Web site. Grantees will collect and report on training materials product usage by tracking the number of times the grantee's training materials Web site was visited, and the number of times the training materials were downloaded.

Acknowledgment of USDOL Funding. Printed Materials: In all circumstances, all approved grant-funded materials developed by a grantee shall contain the following disclaimer:

Public reference 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, that 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.

Grantees are required by Departmental regulations to submit program and financial reports each calendar quarter. All reports are due no later than 30 days after the end of the fiscal quarter and shall be submitted to the appropriate OSHA Regional Office.

Financial: The Grantee(s) shall submit financial reports on a quarterly basis. The first reporting period shall end on the last day of the fiscal quarter (December 31, March 31, June 30, or September 30) during which the grant was signed. Financial reports are due within 30 days of the end of the reporting period ( i.e. , by January 30, April 30, July 30, and October 30).

The Grantee(s) shall use Standard Form (SF) 269A, Financial Status Report, to report the status of the funds, at the project level, during the grant period. A final SF269A shall be submitted no later than 90 days following completion of the grant period.

If the Grantee(s) uses the U.S. Department of Health and Human Services Payment Management System (HHS PMS), it must also send USDOL copies of the PSC 272 that it submits to HHS, on the same schedule. Otherwise, the Grantee(s) shall submit Standard Form (SF) 272, Federal Cash Transactions Report, on the same schedule as the SF269A.

Technical Program: After signing the agreement, the Grantee(s) shall submit technical progress reports to USDOL/OSHA Regional Offices at the end of each fiscal quarter. Technical progress reports provide both quantitative and qualitative information and a narrative assessment of performance for the preceding three-month period. OSHA Form 171 shall be used for reporting training numbers and a narrative report shall be provided that details grant activities conducted during the quarter, information on how the project is progressing in achieving its stated objectives, and notes any problems or delays along with corrective actions proposed. The first reporting period shall end on the last day of the fiscal quarter (December 31, March 31, June 30, or September 30) during which the Grant was signed. Quarterly progress reports are due within 30 days of the end of the report period ( i.e. , by January 30, April 30, July 30, and October 30.) Between reporting dates, the Grantees(s) shall also immediately inform USDOL/OSHA of significant developments and/or problems affecting the organization's ability to accomplish work.

Any questions regarding this SGA should be directed to Cindy Bencheck, e-mail address: Bencheck.Cindy@dol.gov, tel: 847-297-4810 (note that this is not a toll-free number), or Ernest Thompson, Thompson.Ernest@dol.gov, tel 847-297-4810. To obtain further information on the Susan Harwood Training Grant Program of the U.S. Department of Labor, visit the OSHA Web site of the Occupational Safety and Health Administration at http://www.osha.gov .

SF 424, Application for Federal Assistance form.

Your organization is required to have a Data Universal Number System (DUNS) number (received from Dun and Bradstreet) to complete this form. Information about “Obtaining a DUNS Number—A Guide for Federal Grant and Cooperative Agreement Applicants” is available at http://www.whitehouse.gov/omb/grants/duns_num_guide.pdf .

If applicable: Provide a copy of approved indirect cost rate agreement, and statement of program income.

Technical Proposal, program narrative, not to exceed 30 single-sided pages, double-spaced, 12-point font, containing:

Organizations that receive less than $1 million annually in Federal grants must attach a certification signed by your certifying official stating that your organization has a functioning accounting system that meets the criteria below. Your organization may also designate a qualified entity (include the name and address in the documentation) to maintain a functioning accounting system that meets the criteria below. The certification should attest that your organization's accounting system provides for the following:

1. Accurate, current and complete disclosure of the financial results of each federally sponsored project.

2. Records that identify adequately the source and application of funds for federally sponsored activities.

3. Effective control over and accountability for all funds, property and other assets.

4. Comparison of outlays with budget amounts.

5. Written procedures to minimize the time elapsing between the transfer of funds.

6. Written procedures for determining the reasonableness, allocability and allowability of costs.

7. Accounting records, including cost accounting records, that are supported by source documentation.

Any attachments such as:

Summaries of other relevant organizational experience; information on prior government grants; resumes of key personnel or position descriptions; signed letters of commitment to the project.

The forms are also available at: http://www.osha.gov/fso/ote/training/sharwood/sharwood.html .

By a vote of 3-0 on May 7 and 10, the Commission determined pursuant to U.S.C. 552b(e) and § 9.107(a) of the Commission's rules that “Affirmation of Final Rule: Revision 10 CFR 50.48 to Allow Performance-Based Approaches Using National Fire Protection Association (NFPA) Standard 805 (NFPA 805), ‘Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants,’ 2001 Edition” be held on May 11, and on less than one week's notice to the public.

The GSP program is authorized pursuant to Title V of the Trade Act of 1974, as amended (“the Trade Act”) (19 U.S.C. 2461 et seq. ). The GSP program grants duty-free treatment to designated eligible articles that are imported from designated beneficiary developing countries. Countries that cannot be designated as GSP-eligible include, among others, member states of the European Union (19 U.S.C. 2462). In Proclamation 7758 (March 1, 2004, the President, pursuant to section 502(b)(1)(C) of the Trade Act of 1974, as amended (19 U.S.C. 2462(b)(1)(C)), announced that “the designation of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland and Slovakia as beneficiary developing countries for purposes of the GSP is terminated for each country on the date when it becomes a European Union member state. The United States Trade Representative shall announce each such date in a notice published in the Federal Register .”

The United States Trade Representative hereby announces that May 1, 2004, was the date on which the Czech Republic, Estonia, Hungary Latvia, Lithuania, Poland and Slovakia became European Union member states.

Title: Requirements for Cargo Tanks.

OMB Control Number: 2137-0014.

Type of Request: Extension of a currently approved collection.

Abstract: This information collection consolidates and describes the information collection provisions in parts 178 and 180 of the HMR involving the manufacture, qualification, maintenance and use of all specification cargo tank motor vehicles. It also includes the information collection and recordkeeping requirements for persons who are engaged in the manufacture, assembly, requalification and maintenance of DOT specification cargo tank motor vehicles. The types of information collected include:

(1) Registration Statements: Cargo tank manufacturers and repairers, and cargo tank motor vehicle assemblers are required to register with DOT by furnishing information relative to their qualifications to perform the functions in accordance with the HMR. The registration statements are used by DOT to ensure that these persons possess the knowledge and skills necessary to perform the required functions and that they are performing the specified functions in accordance with the applicable regulations.

(2) Requalification and maintenance reports: These reports are prepared by persons who requalify or maintain cargo tanks. This information is used by cargo tank owners, operators and users, and DOT compliance personnel to verify that the cargo tanks are requalified, maintained and are in proper condition for the transportation of hazardous materials in accordance with the HMR.

(3) Manufacturers' data reports, certificates and related papers: These reports are prepared by cargo tank manufacturers and certifiers, and are used by cargo tank owners, operators, users and DOT compliance personnel to verify that a cargo tank motor vehicle was designed and constructed to meet all requirements of the applicable specification.

Affected Public: Manufacturers, assemblers, repairers, requalifiers, certifiers and owners of cargo tanks.

Estimated Number of Respondents: 41,366.

Estimated Number of Responses: 132,600.

Annual Estimated Burden Hours: 102,021.

Frequency of Collection: On occasion.

Title: Inspection and Testing of Portable Tanks and Intermediate Bulk Containers.

OMB Control Number: 2137-0018.

Type of Request: Extension of a currently approved collection.

Abstract: This information collection consolidates provisions for documenting qualifications, inspections, tests and approvals pertaining to the manufacture and use of portable tanks and intermediate bulk containers under various provisions of the HMR. It is necessary to ascertain whether portable tanks and intermediate bulk containers have been qualified, inspected and retested in accordance with the HMR. The information is used to verify that certain portable tanks and intermediate bulk containers meet required performance standards prior to their being authorized for use, and to document periodic requalification and testing to ensure the packagings have not deteriorated due to age or physical abuse to a degree that would render them unsafe for the transportation of hazardous materials. Applicable sections are as follows: § 173.32—requirements for the use of portable tanks; § 173.35—hazardous materials in intermediate bulk containers; § 178.245-6—certification markings for DOT-51 portable tanks; § 178.245-7—manufacturer's data report for DOT-51 portable tanks: § 178.255-14—certification markings for DOT-60 portable tanks; § 178.255-15—manufacturer's data report for DOT-60 portable tanks; § 178.270-14—certification marking of IM portable tanks; § 178.801—testing, retesting and recordkeeping for intermediate bulk containers; and § 180.352—periodic retests and inspections for intermediate bulk containers.

Affected Public: Manufacturers and owners of portable tanks and intermediate bulk containers.

Recordkeeping:

Number of Respondents: 8,770.

Total Annual Responses: 86,100.

Total Annual Burden Hours: 66,390.

Frequency of collection: On occasion.

Title: Hazardous Materials Incident Reports.

OMB Control Number: 2137-0039.

Type of Request: Extension of a currently approved collection.

Abstract: This collection is applicable when an incident occurs in transportation as prescribed in §§ 171.15 and 171.16 of the HMR. A Hazardous Materials Incident Report, DOT Form F 5800.1, must be completed by the person in physical possession of the hazardous material at the time a hazardous material incident occurs in transportation, such as a release of materials, serious accident, evacuation, or closure of a major transportation artery. Incidents meeting criteria in § 171.15 also require a telephonic report. This information collection enhances the Department's ability to evaluate the effectiveness of its regulatory program, determine the need for regulatory changes, and address emerging hazardous materials transportation safety issues. The requirements apply to all interstate and intrastate carriers engaged in the transportation of hazardous materials by rail, air, water, and highway.

Affected Public: Person in physical possession of a hazardous material at the time an incident occurs in transportation.

Estimated Number of Respondents: 1,781.

Estimated Number of Responses: 17,810.

Annual Estimated Burden Hours: 23,746.

Frequency of Collection: On occasion.

Title: Flammable Cryogenic Liquids.

OMB Control Number: 2137-0542.

Type of Request: Extension of a currently approved collection.

Abstract: Paragraph (h) of § 177.840 specifies certain safety procedures and documentation requirements for drivers of these motor vehicles. Provisions in § 177.840(l) of the HMR require the carriage on a motor vehicle of written procedures for venting flammable cryogenic liquids and for emergency response. These requirements are intended to ensure a high level of safety when transporting flammable cryogenics, which are characterized by extreme flammability and high compression ratio when in a liquid state.

Affected Public: Carriers of cryogenic materials.

Estimated Number of Respondents: 65.

Estimated Number of Responses: 18,200.

Annual Estimated Burden Hours: 1,213.

Frequency of Collection: On occasion.

Title: Testing Requirements for Non-bulk Packaging.

OMB Control Number: 2137-0572.

Type of Request: Extension of a currently approved collection.

Abstract: Detailed packaging manufacturing specifications have been replaced by a series of performance tests that a non-bulk packaging must be capable of passing before it is authorized to be used for transporting hazardous materials. The HMR require proof that packagings meet these testing requirements. Manufacturers must retain records of design qualification tests and periodic retests. Manufacturers must notify, in writing, persons to whom packagings are transferred of any specification requirements that have not been met at the time of transfer; and the type and dimensions of any closures, including gaskets, needed to satisfy performance test requirements. Subsequent distributors must also provide written notification. Performance-oriented packaging standards allow manufacturers and shippers much greater flexibility in selecting more economical packagings.

Affected Public: Each non-bulk packaging manufacturer that tests packagings to ensure compliance with the HMR.

Estimated Number of Respondents: 5,000.

Estimated Number of Responses: 15,000.

Annual Estimated Burden Hours: 30,000.

Frequency of Collection: On occasion.

Title: Container Certification Statement.

OMB Control Number: 2137-0582.

Type of Request: Extension of a currently approved collection.

Abstract: Shippers of explosives, in freight containers or transport vehicles by vessel, are required to certify on shipping documentation that the freight container or transport vehicle meets minimal structural serviceability requirements. This requirement is intended to ensure an adequate level of safety for transport of explosives aboard vessel and ensure consistency with similar requirements in international standards.

Affected Public: Shippers of explosives in freight containers or transport vehicles by vessel.

Estimated Number of Respondents: 650.

Estimated Number of Responses: 890,000 HM Containers & 4400 Explosive Containers.

Annual Estimated Burden Hours: 14,908.

Frequency of Collection: On occasion.

Title: Hazardous Materials Public Sector Training and Planning Grants.

OMB Control Number: 2137-0586.

Type of Request: Extension of a currently approved collection.

Abstract: Part 110 of 49 CFR sets forth the procedures for reimbursable grants for public sector planning and training in support of the emergency planning and training efforts of States, Indian tribes and local communities to manage hazardous materials emergencies, particularly those involving transportation. Sections in this part address information collection and recordkeeping with regard to applying for grants, monitoring expenditures, and reporting and requesting modifications.

Affected Public: State and local governments, Indian tribes.

Estimated Number of Respondents: 66.

Estimated Number of Responses: 66.

Annual Estimated Burden Hours: 4,082.

Frequency of Collection: On occasion.

Title: Response Plans for Shipments of Oil.

OMB Control Number: 2137-0591.

Type of Request: Extension of a currently approved collection.

Abstract: In recent years, several major oil discharges have damaged the marine environment of the United States. Under the authority of the Federal Water Pollution Control Act, as amended by the Oil Pollution Act of 1990, RSPA issued regulations in 49 CFR Part 130 that require preparation of written spill response plans.

Affected Public: Carriers that transport oil in bulk, by motor vehicle or rail.

Estimated Number of Respondents: 8,000.

Estimated Number of Responses: 8,000.

Annual Estimated Burden Hours: 10,560.

Frequency of Collection: On occasion.

Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service.

OMB Control Number: 2137-0595.

Type of Request: Extension of a currently approved collection.

Abstract: These information collection and recordkeeping requirements pertain to the manufacture, certification, inspection, repair, maintenance, and operation of DOT specification MC 330, MC 331, and certain nonspecification cargo tank motor vehicles used to transport liquefied compressed gases. These information collection and recordkeeping requirements are intended to ensure certain cargo tank motor vehicles used to transport liquefied compressed gases are operated safely, and to minimize the potential for catastrophic releases during unloading and loading operations. They include: (1) Requirements for operators of cargo tank motor vehicles in liquefied compressed gas service to develop operating procedures applicable to unloading operations and carry the operating procedures on each vehicle; (2) inspection, maintenance, marking and testing requirements for the cargo tank discharge system, including delivery hose assemblies; and (3) requirements for emergency discharge control equipment on certain cargo tank motor vehicles transporting liquefied compressed gases that must be installed and certified by a Registered Inspector. (See sections 180.416(b)(d)(f); 180.405;180.407(h); 177.840(l); and 173.315(n)).

Affected Public: Carriers in liquefied compressed gas service, manufacturers and repairers.

Estimated Number of Respondents: 6,958.

Estimated Number of Responses: 965,596.

Annual Estimated Burden Hours: 200,615.

Frequency of Collection: On occasion.

In accordance with section 8 of the Energy Policy Act, Public Law 105-38, as amended (42 U.S.C. 13218), the Department of the Treasury gives notice that the Department's annual report on alternative fuel vehicle acquisitions for FY 2003 is available at the following Web site: http://www.treas.gov/offices/management/asset-management/personal-property/fleet-and-aviation.

Title: U.S. Individual Income Tax Declaration for an IRS e-file Return.

OMB Number: 1545-0936.

Form Number: Form 8453.