Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5171

drug statute occurring in the workplace no 

later than five calendar days after such 

conviction; 

(e) Notifying the agency in writing, within 

ten calendar days after receiving notice under 

paragraph (d)(2) from an employee or 

otherwise receiving actual notice of such 

conviction. Employers of convicted 

employees must provide notice, including 

position title, to every grant officer or other 

designee on whose grant activity the 

convicted employee was working, unless the 

Federal agency has designated a central point 

for the receipt of such notices. Notice shall 

include the identification number(s) of each 

affected grant; 

(f) Taking one of the following actions, 

within 30 calendar days of receiving notice 

under paragraph (d)(2), with respect to any 

employee who is so convicted—

(1) Taking appropriate personnel action 

against such an employee, up to and 

including termination, consistent with the 

requirements of the Rehabilitation Act of 

1973, as amended; or 

(2) Requiring such employee to participate 

satisfactorily in a drug abuse assistance or 

rehabilitation program approved for such 

purposes by a Federal, State, or local health, 

law enforcement, or other appropriate 

agency; 

(g) Making a good faith effort to continue 

to maintain a drug-free workplace through 

implementation of paragraphs (a), (b), (c), (d), 

(e) and (f). 

(B) The grantee may insert in the space 

provided below the site(s) for the 

performance of work done in connection 

with the specific grant: 

Place of Performance (Street address, city, 

county, state, zip code)

lllllllllllllllllllll

lllllllllllllllllllll

Check if there are workplaces on file that are 

not identified here. 

Alternate II. (Grantees Who Are Individuals) 

(a) The grantee certifies that, as a condition 

of the grant, he or she will not engage in the 

unlawful manufacture, distribution, 

dispensing, possession, or use of a controlled 

substance in conducting any activity with the 

grant; 

(b) If convicted of a criminal drug offense 

resulting from a violation occurring during 

the conduct of any grant activity, he or she 

will report the conviction, in writing, within 

10 calendar days of the conviction, to every 

grant officer or other designee, unless the 

Federal agency designates a central point for 

the receipt of such notices. When notice is 

made to such a central point, it shall include 

the identification number(s) of each affected 

grant. 

[FR Doc. 04–2173 Filed 2–2–04; 8:45 am] 

BILLING CODE 4184–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

[Program Announcement No. FV02–2004] 

Family Violence Prevention and 

Services Program

AGENCY: Family and Youth Services 

Bureau, Administration on Children, 

Youth and Families, (ACYF) and the 

Office of Community Services (OCS), 

Administration for Children and 

Families, Department of Health and 

Human Services.

ACTION: Notice of the availability of 

funding to Native American Tribes, 

Alaskan Villages, and Tribal 

organizations for family violence 

prevention and services. 

SUMMARY: This announcement governs 

the proposed award of formula grants 

under the Family Violence Prevention 

and Services Act to Native American 

Tribes, Alaskan Villages, and Tribal 

organizations. The purpose of these 

grants is to assist Tribes in establishing, 

maintaining, and expanding programs 

and projects to prevent family violence 

and to provide immediate shelter and 

related assistance for victims of family 

violence and their dependents. 

This announcement sets forth the 

application requirements, the 

application process, and other 

administrative and fiscal requirements 

for grants in fiscal year (FY) 2004. 

*Grantees are to be mindful that 

although the expenditure period for 

grants is a two year period, an 

application is required every year to 

provide continuity in the provision of 

services. (See B. Expenditure Period).

DATES: Applications for FY 2004 Native 

American Tribes, Alaskan Villages, and 

Tribal Organizations grant awards 

meeting the criteria specified in this 

instruction should be received no later 

than February 21, 2003.

ADDRESSES: Applications should be sent 

to Family and Youth Services Bureau, 

Administration on Children, Youth and 

Families, Administration for Children 

and Families, Attn: William Riley, 330 

C Street, SW, Room 2117, Washington, 

DC 20447.

FOR FURTHER INFORMATION CONTACT:

William D. Riley at (202) 401–5529; or 

e-mail at WRiley@acf.hhs.gov, or Sunni 

Knight at (202) 401–5319 or e-mail at 

GKnight@acf.hhs.gov.

SUPPLEMENTARY INFORMATION: 

Annual Native American and Alaskan 

Native Villages Grantee Conference

The annual grantee conference is a 

training and technical assistance 

activity. Attendance at these activities is 

mandatory. Family Violence Prevention 

and Services Act (FVPSA) funds may be 

used to support attendance and 

participation. A subsequent Program 

Instruction will advise Tribal FVPSA 

administrators of the date, time, and 

location of their grantee conference. 

Client Confidentiality 

FVPSA programs must establish or 

implement policies and protocols for 

maintaining the safety and 

confidentiality of the adult victims and 

their children of domestic violence, 

sexual assault, and stalking. It is 

essential that the confidentiality of 

individuals receiving FVPSA services be 

protected. Consequently, when 

providing statistical data on program 

activities, individual identifiers of client 

records will not be used (section 

303(a)(2)(E)). 

Stop Family Violence Postal Stamp 

The U.S. Postal Service was directed 

by the ‘‘Stamp Out Domestic Violence 

Act of 2001’’ (the Act), Pub. L. 107–67, 

to make available a ‘‘semipostal’’ stamp 

to provide funding for domestic 

violence programs. Funds raised in 

connection with sales of the stamp, less 

reasonable costs, will be transferred to 

the U.S. Department of Health and 

Human Services in accordance with the 

Act for support of services to children 

and youth affected by domestic 

violence. It is projected that initial 

revenues will be received during the 

third quarter of FY 2004. Subsequent to 

the receipt of the stamp proceeds, a 

program announcement will be issued 

providing guidance and information on 

the process and requirements for awards 

to programs providing services to 

children and youth. 

The Importance of Coordination of 

Services 

The impact of family and intimate 

violence include physical injury and 

death of primary or secondary victims, 

psychological trauma, isolation from 

family and friends, harm to children 

witnessing or experiencing violence in 

homes in which the violence occurs, 

increased fear, reduced mobility and 

employability, homelessness, substance 

abuse, and a host of other health and 

related mental health consequences. 

The physical and cultural obstacles 

existing in much of Indian country 

compound the basic dynamics of 

domestic violence. Barriers such as the 

isolation of vast rural areas, the concern 

5172 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

for safety in isolated settings, and the 

transportation requirements over long 

distances, heighten the need for the 

coordination of the services through an 

often limited delivery system. 

It is estimated that between 12 

percent and 35 percent of women 

visiting emergency rooms with injuries 

are there because of battery. In a project 

intended to broaden the reach of the 

Native American domestic violence 

community, the Indian Health Service 

(IHS) and FVPSA have collaborated to 

oversee the development of domestic 

violence community projects. These 

projects are designed to develop 

improved health care responses to 

domestic violence and to facilitate 

collaboration between the local health 

care system and local American Indian 

and Alaskan Native domestic violence 

advocacy programs. In this effort the 

IHS also is collaborating with 

representatives of Mending the Sacred 

Hoop, Cangleska, Inc., and the Family 

Violence Prevention Fund to provide 

training, technical assistance and 

oversight to the pilot projects. 

To help bring about a more effective 

response to the problem of domestic 

violence, the Department of Health and 

Human Services (HHS) urges Native 

American Tribes, Alaskan Native 

Villages, and Tribal organizations 

receiving funds under this grant 

announcement to coordinate activities 

under this grant with other new and 

existing resources for the prevention of 

family and intimate violence. 

Programmatic and Funding 

Information 

A. Background 

Title III of the Child Abuse 

Amendments of 1984 (Pub. L. 98–457, 

42 U.S.C. 10401 et seq.) is entitled the 

‘‘Family Violence Prevention and 

Services Act’’ (the Act). The Act was 

first implemented in FY 1986, 

reauthorized and amended in 1992 by 

Pub. L. 102–295, in 1994 by Pub. L. 

103–322, the Violent Crime Control and 

Law Enforcement Act, in 1996 by Pub. 

L. 104–235, the Child Abuse Prevention 

and Treatment Act (CAPTA) of 1996, 

and in 2000 by the ‘‘Victims of 

Trafficking and Violence Protection 

Act’’ (Pub. L. 106–386, 10/28/2000). The 

Act was most recently amended by the 

Keeping Children and Families Safe Act 

of 2003, Pub. L. 108–36. 

The purpose of this legislation is to 

assist States and Native American 

Tribes, Alaskan Villages and Tribal 

organizations in supporting the 

establishment, maintenance, and 

expansion of programs and projects to 

prevent incidents of family violence and 

to provide immediate shelter and 

related assistance for victims of family 

violence and their dependents. 

During FY 2003, 227 grants were 

made to States and Native American 

Tribes. The Department also made 53 

family violence prevention grant awards 

to nonprofit State domestic violence 

coalitions. 

In addition, the Department supports 

the Domestic Violence Resource Center 

Network (DVRN). The DVRN consist of 

the National Resource Center for 

Domestic Violence (NRC) and four 

Special Issue Resource Centers (SIRCs). 

The SIRCs are the Battered Women’s 

Justice Project; the Resource Center on 

Child Custody and Protection, the 

Resource Center for the Elimination of 

Domestic Violence Against Native 

Women (Sacred Circle), and the Health 

Resource Center on Domestic Violence. 

The purpose of the NRC and the SIRCs 

is to provide resource information, 

training, and technical assistance to 

Federal, State, and Native American 

agencies, local domestic violence 

prevention programs, and other 

professionals who provide services to 

victims of domestic violence.

In February, 1996, the Department 

funded the National Domestic Violence 

Hotline to ensure that every woman has 

access to information and emergency 

assistance wherever and whenever she 

needs it. The NDVH is a 24-hour, tollfree service which provides crisis 

assistance, counseling, and local shelter 

referrals to women across the country. 

Hotline counselors also are available for 

non-English speaking persons and for 

people who are hearing-impaired. The 

hotline number is 1–800–799–SAFE; the 

TDY number for the hearing impaired is 

1–800–787–3224. As of August 31, 2003 

the National Domestic Violence Hotline 

had answered over 1 million calls. 

B. Funds Available 

Of the total appropriation for the 

Family Violence Prevention and 

Services Program for FY 2004, the 

Department of Health and Human 

Services will allocate 70 percent to the 

designated State agencies administering 

Family Violence Prevention and 

Services programs. In this separate 

announcement the Department will 

allocate 10 percent to the Tribes, 

Alaskan Villages and Tribal 

organizations for the establishment and 

operation of shelters, safe houses, and 

the provision of related services. 

Additionally, in a subsequent 

announcement, 10 percent will be 

allocated to the State Domestic Violence 

Coalitions to continue their work within 

the domestic violence community by 

providing technical assistance and 

training, and advocacy services among 

other activities with local domestic 

violence programs, and to encourage 

appropriate responses to domestic 

violence within the States. 

Five percent of the FVPSA FY 2004 

appropriation will be available to 

continue the support for the National 

Resource Center and the four Special 

Issue Resource Centers. The remaining 5 

percent of the FY 2004 family violence 

prevention and services funding will be 

used to support training and technical 

assistance, collaborative projects with 

advocacy organizations and service 

providers, data collection efforts, public 

education activities, research and other 

demonstration activities at the national 

level through the competitive or 

discretionary grant process. 

C. Native American Tribal Allocations 

The Secretary is required to make 10 

percent of amounts appropriated under 

section 310(a) for grants to Native 

American Tribes. Native American 

Tribes and Tribal organizations are 

eligible for funding under this program 

if they meet the definition of such 

entities as found in the Indian SelfDetermination and Education 

Assistance Act, 25 U.S.C. 450, and are 

able to demonstrate their capacity to 

carry out a family violence prevention 

and services program. 

Any Native American Tribe that 

believes it meets the eligibility criteria 

should provide supportive 

documentation in its application and a 

request for inclusion on the list of 

eligible tribes. (See Native American 

Tribal Application Requirements.) 

In computing Native American Tribal 

allocations, we will use the latest 

available population figures from the 

Census Bureau. Where Census Bureau 

data are unavailable, we will use figures 

from the BIA Indian Population and 

Labor Force Report. 

Because section 304 of the Act 

specifies a minimum base amount for 

State allocations, we have set a base 

amount for Native American Tribal 

allocations. Since FY 1986, we have 

found, in practice, that the 

establishment of a base amount has 

facilitated our efforts to make a fair and 

equitable distribution of limited grant 

funds. 

Due to the expanded interest in the 

prevention of family violence and in the 

provision of services to victims of 

family violence and their dependents, 

we have received an increasing number 

of tribal applications over the past 

several years. In order to ensure the 

continuance of an equitable distribution 

of family violence prevention and 

services funding in response to the 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5173

increased number of tribes that apply, 

we have adjusted the funding formula 

for the allocation of family violence 

funds. 

Native American Tribes which meet 

the application requirements and whose 

reservation and surrounding Tribal 

Trust Lands population is: 

• Less than or equal to 1,500 will 

receive a minimum base amount of 

$1,500; 

• Greater than 1,500 but less than 

3,001 will receive a minimum base 

amount of $3,000; 

• Between 3,001 and 4,000 will 

receive a minimum base amount of 

$4,000; and 

• Between 4,001 and 5,000 will 

receive a minimum base amount of 

$5,000. 

The minimum base amounts are in 

relation to the Tribe’s population and 

the progression of an additional $1,000 

per 1,000 persons in the population 

range continues until the Tribe’s 

population is 50,000. 

Tribes with a population of 50,000 to 

100, 000 will receive a minimum of 

$50,000, and Tribes with a population 

of 100,001 to 150,000 will receive a 

minimum of $100,000. 

Once the base amounts have been 

distributed to the Tribes that have 

applied for family violence funding, the 

ratio of the Tribe’s population to the 

total population of all the applicant 

Tribes is then considered in allocating 

the remainder of the funds. With the 

distribution of a proportional amount 

plus a base amount to the Tribes we 

have accounted for the variance in 

actual population and scope of the 

family violence programs. Under the 

previous allocation plan we did not 

have a method by which to consider the 

variance in tribal census counts. As in 

previous years, Tribes are encouraged to 

apply as consortia for the family 

violence funding. 

General Grant Requirements for Native 

American Tribes

A. Definitions 

Native American Tribes should use 

the following definitions in carrying out 

their programs. The definitions are 

found in section 320 of the Act. 

(1) Family Violence: Any act or 

threatened act of violence, including 

any forceful detention of an individual, 

which (a) results or threatens to result 

in physical injury and (b) is committed 

by a person against another individual 

(including an elderly person) to whom 

such person is or was related by blood 

or marriage or otherwise legally related 

or with whom such person is or was 

lawfully residing. 

(2) Indian Tribe and Tribal 

organization: Have the same meanings 

given such terms in subsections (b) and 

(c), respectively, of section 4 of the 

Indian Self-Determination and 

Education Assistance Act. 

(3) Shelter: The provision of 

temporary refuge and related assistance 

in compliance with applicable State law 

and regulation governing the provision, 

on a regular basis, which includes 

shelter, safe homes, meals, and related 

assistance to victims of family violence 

and their dependents. 

(4) Related assistance: The provision 

of direct assistance to victims of family 

violence and their dependents for the 

purpose of preventing further violence, 

helping such victims to gain access to 

civil and criminal courts and other 

community services, facilitating the 

efforts of such victims to make decisions 

concerning their lives in the interest of 

safety, and assisting such victims in 

healing from the effects of the violence. 

Related assistance includes: 

(a) Prevention services such as 

outreach and prevention services for 

victims and their children, assistance to 

children who witness domestic 

violence, employment training, 

parenting and other educational services 

for victims and their children, 

preventive health services within 

domestic violence programs (including 

services promoting nutrition, disease 

prevention, exercise, and prevention of 

substance abuse), domestic violence 

prevention programs for school age 

children, family violence public 

awareness campaigns, and violence 

prevention counseling services to 

abusers; 

(b) Counseling with respect to family 

violence, counseling or other supportive 

services by peers individually or in 

groups, and referral to community social 

services; 

(c) Transportation, technical 

assistance with respect to obtaining 

financial assistance under Federal and 

State programs, and referrals for 

appropriate health-care services 

(including alcohol and drug abuse 

treatment), but shall not include 

reimbursement for any health-care 

services; 

(d) Legal advocacy to provide victims 

with information and assistance through 

the civil and criminal courts, and legal 

assistance; or 

(e) Children’s counseling and support 

services, and child care services for 

children who are victims of family 

violence or the dependents of such 

victims, and children who witness 

domestic violence. 

B. Expenditure Periods 

The FVPSA funds may be used for 

expenditures on and after October 1 of 

each fiscal year for which they are 

granted, and will be available for 

expenditure through September 30 of 

the following fiscal year, i.e., FY 2004 

funds may be used for expenditures 

from October 1, 2003 through 

September 30, 2005. Funds will be 

available for obligation through October 

1, 2004. 

Reallotted funds, if any, are available 

for expenditure until the end of the 

fiscal year following the fiscal year that 

the funds became available for 

reallotment. FY 2004 grant funds which 

are made available to Tribes and Tribal 

Organizations through reallotment, 

under section 304(d)(2), must be 

expended by the grantee no later than 

September 30, 2005. 

C. Reporting Requirements 

Section 303(a)(4) requires that a 

performance report be filed with the 

Department describing the activities 

carried out, and including an 

assessment of the effectiveness of those 

activities in achieving the purposes of 

the grant. A section of this performance 

report must be completed by each 

grantee or sub grantee that performed 

the direct services contemplated in the 

application certifying performance of 

such services. Consortia grantees should 

compile performance reports into a 

comprehensive report for submission. 

Please note that section 303(a)(4) of 

the FVPS Act also requires that the 

director of the FVPS program suspend 

funding for an approved application if 

an applicant fails to submit an annual 

Performance Report. The Performance 

Report should include the following 

data elements: 

Funding—The total amount of the 

FVPSA grant funds awarded; the 

percentage of funding used for shelters, 

and the percentage of funding used for 

related services and assistance. 

Shelters—The number of shelters and 

shelter programs (safe homes/motels, 

etc.) assisted by FVPSA program 

funding. Data elements should include: 

• The number of shelters. 

• The number of women sheltered. 

• The number of young children 

sheltered (birth–12 years of age). 

• The number of teenagers and young 

adults (13–17 years of age). 

• The number of men sheltered. 

• The number of the elderly serviced. 

• The average length of stay.

• The number of women, children, 

teens, and other who were turned away 

because shelter was unavailable. 

5174 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

• The number of women, children, 

teens, and others were referred to other 

shelters due to lack of space.

Types of individuals served including 

special populations. Record information 

by numbers and percentages against the 

total population served. Individuals and 

special populations served should 

include: 

• The elderly. 

• Individuals with physical 

challenges. 

• And other special needs 

populations. 

Related services and assistance. List 

the types of related services and 

assistance provided to victims and their 

family members by indicating the 

number of women, children, and men 

that have received services. Services 

and assistance may include but are not 

limited to the following: 

• Individual counseling. 

• Services to Children. 

• Crisis intervention/hotline. 

• Information and referral. 

• Batterers support services. 

• Legal advocacy services. 

• Transportation. 

• Services to teenagers. 

• Child Care. 

• Training and technical assistance. 

• Housing advocacy. 

• Other innovative program activities. 

Volunteers—List the total number of 

volunteers and hours worked. 

Identified Abuse—Indicate (if 

available) the number of women, 

children, and men who were identified 

as victims of physical, sexual, and/or 

emotional abuse. 

Service referrals—List the number of 

women, children, and men referred for 

the following services: (Note: If the 

individual was identified as a batterer 

please indicate.) 

• Physical abuse. 

• Alcohol abuse. 

• Drug abuse. 

• Batterer intervention services. 

• Child abuse. 

• Witnessed abuse. 

• Emergency medical intervention. 

• Law enforcement intervention. 

The performance report should 

include narratives of success stories 

about services provided and the positive 

impact on the lives of children and 

families. Examples may include the 

following: 

• An explanation of the activities 

carried out including an assessment of 

the major activities supported by the 

family violence funds, what particular 

priorities within the Tribe or Tribal 

organization were addressed, and what 

special emphases were placed on these 

activities; 

• A description of the specific 

services and facilities that your program 

funded, contracted with, or otherwise 

used in the implementation of your 

program, e.g., shelters, safe houses, 

related assistance, programs for 

batterers; 

• An assessment of the effectiveness 

of the direct service activities 

contemplated in the application; 

• A description of how the needs of 

under-served populations, including 

those persons geographically isolated 

were addressed; and 

• A description and assessment of the 

prevention activities supported during 

the program year, e.g., community 

education events, and public awareness 

efforts. 

Performance reports for the Tribes, 

Alaskan Native Villages and Tribal 

organizations are due on an annual basis 

on December 30 of each year. 

D. Departmental Grants Management 

Reports 

All grantees are reminded that the 

annual Program Reports and annual 

Financial Status Reports (Standard 

Form 269) are due 90 days after the end 

of the expenditure period, i.e., 

December 30 of each year. 

Application Requirements for Native 

American Tribes, Alaskan Native 

Villages and Tribal Organziations 

A. Eligibility 

As described above, Native American 

Tribes, Tribal organizations, and 

Alaskan Native Villages are eligible for 

funding under this program if they meet 

the definition of such entities as found 

in subsections (b) and (c) of section 4 of 

the Indian Self-Determination and 

Education Assistance Act and are able 

to demonstrate their capacity to carry 

out a family violence prevention and 

services program. 

Any Native American Tribe or Tribal 

organization that believes it meets the 

eligibility criteria and should be 

included in the list of eligible tribes 

should provide supportive 

documentation and a request for 

inclusion in its application. (See

Application Content Requirements 

below.)

As in previous years, Native 

American Tribes may apply singularly 

or as a consortium. In addition, a nonprofit private organization, approved by 

a Native American Tribe for the 

operation of a family violence shelter or 

program on a reservation is eligible for 

funding. 

B. Additional Information on Eligibility 

Approval/Disapproval of a Tribal, 

Alaskan Village, or Tribal Organization 

Application 

The Secretary will approve any 

application that meets the requirements 

of the Act and this Announcement, and 

will not disapprove an application 

unless the applicant organization has 

been given reasonable notice of the 

Department’s intention to disapprove 

and an opportunity to correct any 

deficiencies (section 303(a)(3)). 

All applicants must have Dun and 

Bradstreet Number (DUNS). A DUNS 

number will be required for every 

application for a new award or renewal/

continuation of an award under 

formula, entitlement and block grant 

programs. A DUNS number may be 

acquired at no cost by calling the 

dedicated toll-free DUNS number 

request line at 1–866–705–5711 or a 

number may be requested on-line at 

http://www.dnb.com. 

Private, non-profit organizations are 

encouraged to submit with their 

applications the survey located under 

‘‘Grant Related Documents and Forms’’

titled ‘‘Survey for Private, Non-Profit 

Grant Applicants.’’ The forms are 

located on the web at http://

www.acf.hhs.gov/programs/ofs/

forms.htm. 

C. Application Content Requirements 

The application from the Native 

American Tribe, Tribal organization, or 

Alaskan Native Village must be signed 

by the Chief Executive Officer or Tribal 

Chairperson of the applicant 

organization. 

(1) The name of the organization or 

agency and the Chief Program Official 

designated as responsible for 

administering funds under the Act, and 

the name, telephone number, and fax 

number, if available, of a contact person 

in the designated organization or 

agency. 

(2) A copy of a current resolution 

stating that the designated organization 

or agency has the authority to submit an 

application on behalf of the Native 

American individuals in the Tribe(s) or 

Village(s) and to administer programs 

and activities funded under this 

program (section 303(b)(2)). 

(3) A description of the procedures 

designed to involve knowledgeable 

individuals and interested organizations 

in providing services under the Act 

(section 303(b)(2)). For example, 

knowledgeable individuals and 

interested organizations may include: 

Tribal officials or social services staff 

involved in child abuse or family 

violence prevention, Tribal law 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5175

enforcement officials, representatives of 

State coalitions against domestic 

violence, and operators of family 

violence shelters and service programs. 

(4) A description of the applicant’s 

operation of and/or capacity to carry out 

a family violence prevention and 

services program. This might be 

demonstrated in ways such as the 

following: 

(a) The current operation of a shelter, 

safe house, or family violence 

prevention program; 

(b) The establishment of joint or 

collaborative service agreements with a 

local public agency or a private nonprofit agency for the operation of family 

violence prevention activities or 

services; or 

(c) The operation of social services 

programs as evidenced by receipt of 

‘‘638’’ contracts with the Bureau of 

Indian Affairs (BIA); Title II Indian 

Child Welfare grants from the BIA; 

Child Welfare Services grants under 

Title IV–B of the Social Security Act; or 

Family Preservation and Family 

Support grants under title IV–B of the 

Social Security Act. 

(5) A description of the services to be 

provided, how the applicant 

organization plans to use the grant 

funds to provide the direct services, to 

whom the services will be provided, 

and the expected results of the services. 

(6) Documentation of the procedures 

that assure the confidentiality of records 

pertaining to any individual provided 

family violence prevention or treatment 

services by any program assisted under 

the Act (section 303(a)(2)(E)). 

(7) The EIN number of the applicant 

organization submitting the application. 

D. Each application must contain the 

following assurances: 

(a) That not less than 70 percent of the 

funds shall be used for immediate 

shelter and related assistance for victims 

of family violence and their dependents 

and not less than 25% of the funds 

distributed shall be used to provide 

related assistance (section 303(g)). 

(b) That grant funds made available 

under the Act will not be used as direct 

payment to any victim or dependent of 

a victim of family violence (section 

303(d)). 

(c) That the address or location of any 

shelter or facility assisted under the Act 

will not be made public, except with the 

written authorization of the person or 

persons responsible for the operations of 

such shelter (section 303(a)(2)(E)). 

(d) That law or procedure has been 

implemented for the eviction of an 

abusing spouse from a shared household 

(section 303(a)(2)(F)).

(e) That applicant will comply with 

the applicable Departmental 

recordkeeping and reporting 

requirements and general requirements 

for the administration of grants under 45 

CFR part 92. 

Additional Forms: Private, non-profit 

organizations may submit with their 

applications the additional suvey 

located under ‘‘Grant Related 

Documents and Forms’’ titled ‘‘Survey 

for Private, Non-Profit Grant 

Applicants’’ at http://www.acf.hhs.gov/

program/ofs/form.htm.

Other Information 

A. Notification Under Executive Order 

12372 

The review and comment provisions 

of the Executive Order and Part 100 do 

not apply. Federally-recognized Native 

American Tribes are exempt from all 

provisions and requirements of E.O. 

12372. 

B. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1980 (Pub. L. 96–511), 

the application requirements contained 

in this instruction have been approved 

by the Office of Management and 

Budget under control number 0970–

0062. 

C. Required Certifications 

All applications must submit or 

comply with the required certifications 

found at the Appendices as follows: 

• Anti-Lobbying Certification and 

Disclosure Form must be signed and 

submitted with the application: If 

applicable, a standard Form LLL, which 

discloses lobbying payments, must be 

submitted. 

• Certification Regarding Drug-Free 

Workplace Requirements and the 

Certification Regarding Debarment: The 

signature on the application by the chief 

program official attests to the applicants 

intent to comply with the Drug-Free 

Workplace requirements and 

compliance with the Debarment 

Certification. The Drug-Free Workplace 

and certification does not have to be 

returned with the application. 

• Certification Regarding 

Environmental Tobacco Smoke: The 

signature on the application by the chief 

program official attests to the applicants 

intent to comply with the requirements 

of the Pro-Children Act of 1994 (Act). 

The applicant further agrees that it will 

require the language of this certification 

be included in any sub-awards which 

contain provisions for children’s 

services and that all grantees shall 

certify accordingly.

(Catalog of Federal Domestic Assistance 

Number 93.671, Family Violence Prevention 

and Services)

Dated: January 29, 2004. 

Clarence Carter, 

Director, Office of Community Services, 

Administration for Children and Families.

Appendices: Required Certifications:

Anti-Lobbying and Disclosure; 

Drug-Free Workplace; 

Regarding Debarment; and 

Regarding Environmental Tobacco 

Smoke

Appendix A—Certification Regarding 

Lobbying 

Certification for Contracts, Grants, Loans, 

and Cooperative Agreements 

The undersigned certifies, to the best of his 

or her knowledge and belief, that: 

(1) No Federal appropriated funds have 

been paid or will be paid, by or on behalf of 

the undersigned, to any person for 

influencing or attempting to influence an 

officer or employee of an agency, a Member 

of Congress, an officer or employee of 

Congress, or an employee of a Member of 

Congress in connection with the awarding of 

any Federal contract, the making of any 

Federal grant, the making of any Federal 

loan, the entering into of any cooperative 

agreement, and the extension, continuation, 

renewal, amendment, or modification of any 

Federal contract, grant, loan, or cooperative 

agreement. 

(2) If any funds other than Federal 

appropriated funds have been paid or will be 

paid to any person for influencing or 

attempting to influence an officer or 

employee of any agency, a Member of 

Congress, an officer or employee of Congress, 

or an employee of a Member of Congress in 

connection with this Federal contract, grant, 

loan, or cooperative agreement, the 

undersigned shall complete and submit 

Standard Form-LLL, ‘‘Disclosure Form to 

Report Lobbying,’’ in accordance with its 

instructions. 

(3) The undersigned shall require that the 

language of this certification be included in 

the award documents for all subawards at all 

tiers (including subcontracts, subgrants, and 

contracts under grants, loans, and 

cooperative agreements) and that all 

subrecipients shall certify and disclose 

accordingly. This certification is a material 

representation of fact upon which reliance 

was placed when this transaction was made 

or entered into. Submission of this 

certification is a prerequisite for making or 

entering into this transaction imposed by 

section 1352, title 31, U.S. Code. Any person 

who fails to file the required certification 

shall be subject to a civil penalty of not less 

than $10,000 and not more than $100,000 for 

each such failure. 

Statement for Loan Guarantees and Loan 

Insurance 

The undersigned states, to the best of his 

or her knowledge and belief, that: 

If any funds have been paid or will be paid 

to any person for influencing or attempting 

to influence an officer or employee of any 

agency, a Member of Congress, an officer or 

employee of Congress, or an employee of a 

Member of Congress in connection with this 

5176 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

commitment providing for the United States 

to insure or guarantee a loan, the 

undersigned shall complete and submit 

Standard Form-LLL, ‘‘Disclosure Form to 

Report Lobbying,’’ in accordance with its 

instructions. Submission of this statement is 

a prerequisite for making or entering into this 

transaction imposed by section 1352, title 31, 

U.S. Code. Any person who fails to file the 

required statement shall be subject to a civil 

penalty of not less than $10,000 and not more 

than $100,000 for each such failure.

Signature

lllllllllllllllllllll

Title

lllllllllllllllllllll

Organization

Appendix B—Certification Regarding 

Debarment, Suspension and Other 

Responsibility Matters 

Certification Regarding Debarment, 

Suspension, and Other Responsibility 

Matters—Primary Covered Transactions 

Instructions for Certification 

1. By signing and submitting this proposal, 

the prospective primary participant is 

providing the certification set out below. 

2. The inability of a person to provide the 

certification required below will not 

necessarily result in denial of participation in 

this covered transaction. The prospective 

participant shall submit an explanation of 

why it cannot provide the certification set 

out below. The certification or explanation 

will be considered in connection with the 

department or agency’s determination 

whether to enter into this transaction. 

However, failure of the prospective primary 

participant to furnish a certification or an 

explanation shall disqualify such person 

from participation in this transaction. 

3. The certification in this clause is a 

material representation of fact upon which 

reliance was placed when the department or 

agency determined to enter into this 

transaction. If it is later determined that the 

prospective primary participant knowingly 

rendered an erroneous certification, in 

addition to other remedies available to the 

Federal Government, the department or 

agency may terminate this transaction for 

cause or default. 

4. The prospective primary participant 

shall provide immediate written notice to the 

department or agency to which this proposal 

is submitted if at any time the prospective 

primary participant learns that its 

certification was erroneous when submitted 

or has become erroneous by reason of 

changed circumstances. 

5. The terms covered transaction, debarred, 

suspended, ineligible, lower tier covered 

transaction, participant, person, primary 

covered transaction, principal, proposal, and 

voluntarily excluded, as used in this clause, 

have the meanings set out in the Definitions 

and Coverage sections of the rules 

implementing Executive Order 12549. You 

may contact the department or agency to 

which this proposal is being submitted for 

assistance in obtaining a copy of those 

regulations. 

6. The prospective primary participant 

agrees by submitting this proposal that, 

should the proposed covered transaction be 

entered into, it shall not knowingly enter into 

any lower tier covered transaction with a 

person who is proposed for debarment under 

48 CFR part 9, subpart 9.4, debarred, 

suspended, declared ineligible, or voluntarily 

excluded from participation in this covered 

transaction, unless authorized by the 

department or agency entering into this 

transaction. 

7. The prospective primary participant 

further agrees by submitting this proposal 

that it will include the clause titled 

‘‘Certification Regarding Debarment, 

Suspension, Ineligibility and Voluntary 

Exclusion-Lower Tier Covered Transaction,’’

provided by the department or agency 

entering into this covered transaction, 

without modification, in all lower tier 

covered transactions and in all solicitations 

for lower tier covered transactions. 

8. A participant in a covered transaction 

may rely upon a certification of a prospective 

participant in a lower tier covered 

transaction that it is not proposed for 

debarment under 48 CFR part 9, subpart 9.4, 

debarred, suspended, ineligible, or 

voluntarily excluded from the covered 

transaction, unless it knows that the 

certification is erroneous. A participant may 

decide the method and frequency by which 

it determines the eligibility of its principals. 

Each participant may, but is not required to, 

check the List of Parties Excluded from 

Federal Procurement and Nonprocurement 

Programs. 

9. Nothing contained in the foregoing shall 

be construed to require establishment of a 

system of records in order to render in good 

faith the certification required by this clause. 

The knowledge and information of a 

participant is not required to exceed that 

which is normally possessed by a prudent 

person in the ordinary course of business 

dealings. 

10. Except for transactions authorized 

under paragraph 6 of these instructions, if a 

participant in a covered transaction 

knowingly enters into a lower tier covered 

transaction with a person who is proposed 

for debarment under 48 CFR part 9, subpart 

9.4, suspended, debarred, ineligible, or 

voluntarily excluded from participation in 

this transaction, in addition to other 

remedies available to the Federal 

Government, the department or agency may 

terminate this transaction for cause or 

default. 

Certification Regarding Debarment, 

Suspension, and Other Responsibility 

Matters—Primary Covered Transactions 

(1) The prospective primary participant 

certifies to the best of its knowledge and 

belief, that it and its principals: 

(a) Are not presently debarred, suspended, 

proposed for debarment, declared ineligible, 

or voluntarily excluded by any Federal 

department or agency; 

(b) Have not within a three-year period 

preceding this proposal been convicted of or 

had a civil judgment rendered against them 

for commission of fraud or a criminal offense 

in connection with obtaining, attempting to 

obtain, or performing a public (Federal, State 

or local) transaction or contract under a 

public transaction; violation of Federal or 

State antitrust statutes or commission of 

embezzlement, theft, forgery, bribery, 

falsification or destruction of records, making 

false statements, or receiving stolen property; 

(c) Are not presently indicted for or 

otherwise criminally or civilly charged by a 

governmental entity (Federal, State or local) 

with commission of any of the offenses 

enumerated in paragraph (1)(b) of this 

certification; and 

(d) Have not within a three-year period 

preceding this application/proposal had one 

or more public transactions (Federal, State or 

local) terminated for cause or default. 

(2) Where the prospective primary 

participant is unable to certify to any of the 

statements in this certification, such 

prospective participant shall attach an 

explanation to this proposal. 

Certification Regarding Debarment, 

Suspension, Ineligibility and Voluntary 

Exclusion—Lower Tier Covered 

Transactions

Instructions for Certification 

1. By signing and submitting this proposal, 

the prospective lower tier participant is 

providing the certification set out below. 

2. The certification in this clause is a 

material representation of fact upon which 

reliance was placed when this transaction 

was entered into. If it is later determined that 

the prospective lower tier participant 

knowingly rendered an erroneous 

certification, in addition to other remedies 

available to the Federal Government the 

department or agency with which this 

transaction originated may pursue available 

remedies, including suspension and/or 

debarment. 

3. The prospective lower tier participant 

shall provide immediate written notice to the 

person to which this proposal is submitted if 

at any time the prospective lower tier 

participant learns that its certification was 

erroneous when submitted or had become 

erroneous by reason of changed 

circumstances. 

4. The terms covered transaction, debarred, 

suspended, ineligible, lower tier covered 

transaction, participant, person, primary 

covered transaction, principal, proposal, and 

voluntarily excluded, as used in this clause, 

have the meaning set out in the Definitions 

and Coverage sections of rules implementing 

Executive Order 12549. You may contact the 

person to which this proposal is submitted 

for assistance in obtaining a copy of those 

regulations. 

5. The prospective lower tier participant 

agrees by submitting this proposal that, 

[[Page 33043]] should the proposed covered 

transaction be entered into, it shall not 

knowingly enter into any lower tier covered 

transaction with a person who is proposed 

for debarment under 48 CFR part 9, subpart 

9.4, debarred, suspended, declared ineligible, 

or voluntarily excluded from participation in 

this covered transaction, unless authorized 

by the department or agency with which this 

transaction originated. 

6. The prospective lower tier participant 

further agrees by submitting this proposal 

that it will include this clause titled 

‘‘Certification Regarding Debarment, 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5177

Suspension, Ineligibility and Voluntary 

Exclusion-Lower Tier Covered Transaction,’’

without modification, in all lower tier 

covered transactions and in all solicitations 

for lower tier covered transactions. 

7. A participant in a covered transaction 

may rely upon a certification of a prospective 

participant in a lower tier covered 

transaction that it is not proposed for 

debarment under 48 CFR part 9, subpart 9.4, 

debarred, suspended, ineligible, or 

voluntarily excluded from covered 

transactions, unless it knows that the 

certification is erroneous. A participant may 

decide the method and frequency by which 

it determines the eligibility of its principals. 

Each participant may, but is not required to, 

check the List of Parties Excluded from 

Federal Procurement and Nonprocurement 

Programs. 

8. Nothing contained in the foregoing shall 

be construed to require establishment of a 

system of records in order to render in good 

faith the certification required by this clause. 

The knowledge and information of a 

participant is not required to exceed that 

which is normally possessed by a prudent 

person in the ordinary course of business 

dealings. 

9. Except for transactions authorized under 

paragraph 5 of these instructions, if a 

participant in a covered transaction 

knowingly enters into a lower tier covered 

transaction with a person who is proposed 

for debarment under 48 CFR part 9, subpart 

9.4, suspended, debarred, ineligible, or 

voluntarily excluded from participation in 

this transaction, in addition to other 

remedies available to the Federal 

Government, the department or agency with 

which this transaction originated may pursue 

available remedies, including suspension 

and/or debarment. 

Certification Regarding Debarment, 

Suspension, Ineligibility and Voluntary 

Exclusion—Lower Tier Covered 

Transactions 

(1) The prospective lower tier participant 

certifies, by submission of this proposal, that 

neither it nor its principals is presently 

debarred, suspended, proposed for 

debarment, declared ineligible, or voluntarily 

excluded from participation in this 

transaction by any Federal department or 

agency. 

(2) Where the prospective lower tier 

participant is unable to certify to any of the 

statements in this certification, such 

prospective participant shall attach an 

explanation to this proposal.

Appendix C—Certification Regarding 

Environmental Tobacco Smoke 

Public Law 103227, Part C Environmental 

Tobacco Smoke, also known as the Pro 

Children Act of 1994 (Act), requires that 

smoking not be permitted in any portion of 

any indoor routinely owned or leased or 

contracted for by an entity and used 

routinely or regularly for provision of health, 

day care, education, or library services to 

children under the age of 18, if the services 

are funded by Federal programs either 

directly or through State or local 

governments, by Federal grant, contract, loan, 

or loan guarantee. The law does not apply to 

children’s services provided in private 

residences, facilities funded solely by 

Medicare or Medicaid funds, and portions of 

facilities used for inpatient drug or alcohol 

treatment. Failure to comply with the 

provisions of the law may result in the 

imposition of a civil monetary penalty of up 

to $1000 per day and/or the imposition of an 

administrative compliance order on the 

responsible entity. By signing and submitting 

this application the applicant/grantee 

certifies that it will comply with the 

requirements of the Act. 

The applicant/grantee further agrees that it 

will require the language of this certification 

be included in any subawards which contain 

provisions for the children’s services and that 

all subgrantees shall certify accordingly.

Appendix D—Certification Regarding 

Drug-Free Workplace Requirements 

This certification is required by the 

regulations implementing the Drug-Free 

Workplace Act of 1988: 45 CFR part 76, 

subpart, F, sections 76.630(c) and (d)(2) and 

76.645(a)(1) and (b) provide that a Federal 

agency may designate a central receipt point 

for STATE-WIDE AND STATE AGENCYWIDE certifications, and for notification of 

criminal drug convictions. For the 

Department of Health and Human Services, 

the central pint is: Division of Grants 

Management and Oversight, Office of 

Management and Acquisition, Department of 

Health and Human Services, Room 517–D, 

200 Independence Avenue, SW., 

Washington, DC 20201. 

Certification Regarding Drug-Free 

Workplace Requirements (Instructions for 

Certification) 

1. By signing and/or submitting this 

application or grant agreement, the grantee is 

providing the certification set out below. 

2. The certification set out below is a 

material representation of fact upon which 

reliance is placed when the agency awards 

the grant. If it is later determined that the 

grantee knowingly rendered a false 

certification, or otherwise violates the 

requirements of the Drug-Free Workplace 

Act, the agency, in addition to any other 

remedies available to the Federal 

Government, may take action authorized 

under the Drug-Free Workplace Act. 

3. For grantees other than individuals, 

Alternate I applies. 

4. For grantees who are individuals, 

Alternate II applies. 

5. Workplaces under grants, for grantees 

other than individuals, need not be identified 

on the certification. If known, they may be 

identified in the grant application. If the 

grantee does not identify the workplaces at 

the time of application, or upon award, if 

there is no application, the grantee must keep 

the identity of the workplace(s) on file in its 

office and make the information available for 

Federal inspection. Failure to identify all 

known workplaces constitutes a violation of 

the grantee’s drug-free workplace 

requirements. 

6. Workplace identifications must include 

the actual address of buildings (or parts of 

buildings) or other sites where work under 

the grant takes place. Categorical descriptions 

may be used (e.g., all vehicles of a mass 

transit authority or State highway department 

while in operation, State employees in each 

local unemployment office, performers in 

concert halls or radio studios). 

7. If the workplace identified to the agency 

changes during the performance of the grant, 

the grantee shall inform the agency of the 

change(s), if it previously identified the 

workplaces in question (see paragraph five).

8. Definitions of terms in the 

Nonprocurement Suspension and Debarment 

common rule and Drug-Free Workplace 

common rule apply to this certification. 

Grantees’ attention is called, in particular, to 

the following definitions from these rules: 

Controlled substance means a controlled 

substance in Schedules I through V of the 

Controlled Substances Act (21 U.S.C. 812) 

and as further defined by regulation (21 CFR 

1308.11 through 1308.15); 

Conviction means a finding of guilt 

(including a plea of nolo contendere) or 

imposition of sentence, or both, by any 

judicial body charged with the responsibility 

to determine violations of the Federal or 

State criminal drug statutes; 

Criminal drug statute means a Federal or 

non-Federal criminal statute involving the 

manufacture, distribution, dispensing, use, or 

possession of any controlled substance; 

Employee means the employee of a grantee 

directly engaged in the performance of work 

under a grant, including: (i) All direct charge 

employees; (ii) All indirect charge employees 

unless their impact or involvement is 

insignificant to the performance of the grant; 

and, (iii) Temporary personnel and 

consultants who are directly engaged in the 

performance of work under the grant and 

who are on the grantee’s payroll. This 

definition does not include workers not on 

the payroll of the grantee (e.g., volunteers, 

even if used to meet a matching requirement; 

consultants or independent contractors not 

on the grantee’s payroll; or employees of 

subrecipients or subcontractors in covered 

workplaces). 

Certification Regarding Drug-Free 

Workplace Requirements 

Alternate I. (Grantees Other Than 

Individuals) 

The grantee certifies that it will or will 

continue to provide a drug-free workplace by: 

(a) Publishing a statement notifying 

employees that the unlawful manufacture, 

distribution, dispensing, possession, or use of 

a controlled substance is prohibited in the 

grantee’s workplace and specifying the 

actions that will be taken against employees 

for violation of such prohibition; 

(b) Establishing an ongoing drug-free 

awareness program to inform employees 

about—

(1) The dangers of drug abuse in the 

workplace; 

(2) The grantee’s policy of maintaining a 

drug-free workplace; 

(3) Any available drug counseling, 

rehabilitation, and employee assistance 

programs; and 

(4) The penalties that may be imposed 

upon employees for drug abuse violations 

occurring in the workplace; 

5178 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

(c) Making it a requirement that each 

employee to be engaged in the performance 

of the grant be given a copy of the statement 

required by paragraph (a); 

(d) Notifying the employee in the statement 

required by paragraph (a) that, as a condition 

of employment under the grant, the employee 

will—

(1) Abide by the terms of the statement; 

and 

(2) Notify the employer in writing of his or 

her conviction for a violation of a criminal 

drug statute occurring in the workplace no 

later than five calendar days after such 

conviction; 

(e) Notifying the agency in writing, within 

ten calendar days after receiving notice under 

paragraph (d)(2) from an employee or 

otherwise receiving actual notice of such 

conviction. Employers of convicted 

employees must provide notice, including 

position title, to every grant officer or other 

designee on whose grant activity the 

convicted employee was working, unless the 

Federal agency has designated a central point 

for the receipt of such notices. Notice shall 

include the identification number(s) of each 

affected grant; 

(f) Taking one of the following actions, 

within 30 calendar days of receiving notice 

under paragraph (d)(2), with respect to any 

employee who is so convicted—

(1) Taking appropriate personnel action 

against such an employee, up to and 

including termination, consistent with the 

requirements of the Rehabilitation Act of 

1973, as amended; or 

(2) Requiring such employee to participate 

satisfactorily in a drug abuse assistance or 

rehabilitation program approved for such 

purposes by a Federal, State, or local health, 

law enforcement, or other appropriate 

agency; 

(g) Making a good faith effort to continue 

to maintain a drug-free workplace through 

implementation of paragraphs (a), (b), (c), (d), 

(e) and (f). 

(B) The grantee may insert in the space 

provided below the site(s) for the 

performance of work done in connection 

with the specific grant:

Place of Performance (Street address, city, 

county, state, zip code)

lllllllllllllllllllll

lllllllllllllllllllll

Check if there are workplaces on file that 

are not identified here. 

Alternate II. (Grantees Who Are Individuals) 

(a) The grantee certifies that, as a condition 

of the grant, he or she will not engage in the 

unlawful manufacture, distribution, 

dispensing, possession, or use of a controlled 

substance in conducting any activity with the 

grant; 

(b) If convicted of a criminal drug offense 

resulting from a violation occurring during 

the conduct of any grant activity, he or she 

will report the conviction, in writing, within 

10 calendar days of the conviction, to every 

grant officer or other designee, unless the 

Federal agency designates a central point for 

the receipt of such notices. When notice is 

made to such a central point, it shall include 

the identification number(s) of each affected 

grant.

[FR Doc. 04–2174 Filed 2–2–04; 8:45 am] 

BILLING CODE 4184–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

[Docket No. 1982F–0075]

JSR America, Inc.; Withdrawal of Food 

Additive Petition

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

withdrawal, without prejudice to a 

future filing, of a food additive petition 

(FAP 2B3620) proposing that the food 

additive regulations be amended to 

provide for the safe use of 1,2–

polybutadiene as a food-packaging film 

that will contact food.

FOR FURTHER INFORMATION CONTACT:

Elizabeth R. Sanchez, Center for Food 

Safety and Applied Nutrition (HFS–

275), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740–3858, 202–418–3086.

SUPPLEMENTARY INFORMATION: In a notice 

published in the Federal Register of 

April 23, 1982 (47 FR 17672), FDA 

announced that a food additive petition 

(FAP 2B3620) had been filed by JSR 

America, Inc., 350 Fifth Ave., New 

York, NY 10001 (now 312 Elm St., suite 

1585, Cincinnati, OH 45202). The 

petition proposed to amend the food 

additive regulations to provide for the 

safe use of 1,2–polybutadiene as a foodpackaging film that will contact food. 

JSR America, Inc. has now withdrawn 

the petition without prejudice to a 

future filing (21 CFR 171.7).

Dated: December 24, 2003.

Laura M. Tarantino,

Acting Director, Office of Food Additive 

Safety, Center for Food Safety and Applied 

Nutrition.

[FR Doc. 04–2083 Filed 2–2–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Homeland Security Advisory Council

AGENCY: Office of the Secretary, 

Department of Homeland Security.

ACTION: Notice of Federal Advisory 

Committee Meeting. 

SUMMARY: The Homeland Security 

Advisory Council (HSAC) will meet via 

teleconference in an open session on 

Wednesday, February 18, 2004, from 3 

p.m. to 4 p.m., EST. The HSAC will 

continue its discussions on 

development of a National Homeland 

Security Award for Excellence, based on 

recommendations submitted to the 

HSAC by the HSAC Award Working 

Group, and, pending discussion, 

approve a letter to the Secretary 

presenting the HSAC’s 

recommendations.

DATES: The HSAC will meet 

Wednesday, February 18, 2004, from 3 

pm until 4 pm.

FOR FURTHER INFORMATION CONTACT:

Interested members of the public may 

listen in to the teleconference meeting 

by calling in to a toll free number 

provided upon registration. To ensure 

the appropriate number of lines, persons 

wishing to listen to the meeting must 

register with Mike Miron at (202) 692–

4283 by 5 pm, EST, Friday February 13, 

2004. Members of the public will 

receive the call-in number and access 

code at that time.

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act, 5 U.S.C. App. 

2. Members of the public who wish to 

file a written statement with the HSAC 

may do so by mail to Mike Miron at the 

following address: Homeland Security 

Advisory Council, Department of 

Homeland Security, Washington DC 

20528. Comments may also be sent via 

email to HSAC@dhs.gov or via fax to 

(202) 772–9718.

Dated: January 28, 2004. 

Tom Ridge, 

Secretary of Homeland Security.

[FR Doc. 04–2237 Filed 1–30–04; 9:33 am] 

BILLING CODE 4410–10–U

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[WO–310–1310–PB–24–1A] 

OMB Control Number 1004–0134, 

Information Collection Submitted to 

the Office of Management and Budget 

Under the Paperwork Reduction Act 

The Bureau of Land Management 

(BLM) has sent a request to extend the 

current information collection to the 

Office of Management and Budget 

(OMB) under the provisions of the 

Paperwork Reduction Act of 1995 (44