This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

23838 

Vol. 74, No. 97 

Thursday, May 21, 2009 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

May 15, 2009. 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments 

regarding (a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of burden including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology should be addressed to: Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), 

OIRA_Submission@OMB.EOP.GOV or 

fax (202) 395–5806 and to Departmental 

Clearance Office, USDA, OCIO, Mail 

Stop 7602, Washington, DC 20250– 

7602. Comments regarding these 

information collections are best assured 

of having their full effect if received 

within 30 days of this notification. 

Copies of the submission(s) may be 

obtained by calling (202) 720–8958. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

Animal and Plant Health Inspection 

Service 

Title: Requirements for Request To 

Amend 7 CFR Part 319 Import 

Regulations. 

OMB Control Number: 0579–0261. 

Summary of Collection: As authorized 

by the Plant Protection Act (PPA) (7 

U.S.C. 7701—et seq.), the Secretary of 

Agriculture may prohibit or restrict the 

importation, entry, exportation, or 

movement in interstate commerce of 

any plant, plant product, biological 

control organism, noxious weed, means 

of conveyance, or other article if the 

Secretary determines that the 

prohibition or restriction is necessary to 

prevent a plant pest or noxious weed 

from being introduced into and 

disseminated within the United States. 

The Animal and Plant Health Inspection 

Service (APHIS) has established 

regulations governing the submission of 

requests for changes in its regulations 

that restrict the importation of plants, 

plant parts, and products. 

Need and Use of the Information: 

APHIS will collect required information 

to properly consider requests and helps 

to ensure that the information required 

to prepare a risk analysis and/or other 

analyses that evaluate the risks and 

other effects associated with a final 

ruling to change a regulation. This 

process requires the use of collecting 

information about the requestor, 

information about the commodity to be 

imported, shipping information, a 

description of pests and diseases 

associated with the commodity, risk 

mitigation or management strategies, 

and additional information as 

determined by APHIS to complete a pest 

risk analysis in accordance with 

international standards. 

Description of Respondents: Business 

or other for-profit. 

Number of Respondents: 36. 

Frequency of Responses: Reporting: 

On occasion. 

Total Burden Hours: 4,200. 

Animal and Plant Health Inspection 

Service 

Title: Importation of Baby Corn and 

Baby Carrots from Zambia. 

OMB Control Number: 0579–0284. 

Summary of Collection: Under the 

Plant Protection Act (PPA) (7 U.S.C. 

7701—et seq.) the Secretary of 

Agriculture is authorized to carry out 

operations or measures to detect, 

eradicate, suppress, control, prevent, or 

retard the spread of plant pests new to 

the United States or not known to be 

widely distributed throughout the 

United States. Regulations authorized 

by the PPA concerning the importation 

of fruits and vegetables into the United 

States from certain parts of the world 

are contained in ‘‘Subpart Fruits and 

Vegetables’’ (7 CFR 319.56–1 through 

319.56–47). Under these regulations, 

baby corn and baby carrots from Zambia 

are subject to certain conditions before 

entering the United States to prevent the 

introduction of plant pests into the 

United States. 

Need and Use of the Information: The 

Animal and Plant Health Inspection 

Service (APHIS) requires that some 

plants or plant products are 

accompanied by a phytosanitary 

inspection certificate that is completed 

by plant health officials in the 

originating or transiting country. APHIS 

uses the information on the certificate to 

determine the pest condition of the 

shipment at the time of inspection in 

the foreign country. This information is 

used as a guide to the intensity of the 

inspection APHIS conducts when the 

shipment arrives. 

Without this information, all 

shipments would need to be inspected 

very thoroughly, thereby requiring 

considerably more time. 

Description of Respondents: Business 

or other for-profit; Federal Government. 

Number of Respondents: 7. 

Frequency of Responses: Reporting: 

On occasion. 

Total Burden Hours: 64. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. E9–11838 Filed 5–20–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

Notice of Funding Availability of 

Applications for Section 514 Farm 

Labor Housing Loans and Section 516 

Farm Labor Housing Grants for OffFarm Housing for Fiscal Year (FY) 2009 

AGENCY: Rural Housing Service, USDA. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23839 

ACTION: Notice. 

SUMMARY: This notice announces the 

timeframe to submit pre-applications for 

Section 514 Farm Labor Housing (FLH) 

loans and Section 516 FLH grants for 

the construction of new off-farm FLH 

units and related facilities for domestic 

farm laborers. The intended purpose of 

these loans and grants is to increase the 

number of available housing units for 

domestic farm laborers. This notice 

describes the method used to distribute 

funds, the application process, and 

submission requirements. 

DATES: The deadline for receipt of all 

applications in response to this is 5 

p.m., local time to the appropriate Rural 

Development State Office on July 20, 

2009. The application closing deadline 

is firm as to date and hour. Rural 

Development will not consider any 

application that is received after the 

closing deadline unless date and time is 

extended by another Notice published 

in the Federal Register. Applicants 

intending to mail applications must 

provide sufficient time to permit 

delivery on or before the closing 

deadline. Acceptance by a post office or 

private mailer does not constitute 

delivery. Facsimile (FAX), and postage 

due applications will not be accepted. 

ADDRESSES: Applicants wishing to apply 

for assistance must contact the Rural 

Development State Office serving the 

State of the proposed off-farm labor 

housing project in order to receive 

further information and copies of the 

application package. Rural Development 

will date and time stamp incoming 

applications to evidence timely receipt 

and, upon request, will provide the 

applicant with a written 

acknowledgment of receipt. A listing of 

Rural Development State Offices, their 

addresses, telephone numbers, and 

person to contact are as follows: 

Note: Telephone numbers listed are not 

toll-free. 

Alabama State Office, Suite 601, Sterling 

Centre, 4121 Carmichael Road, 

Montgomery, AL 36106–3683, (334) 279– 

3455, TDD (334) 279–3495, James B. 

Harris. 

Alaska State Office, 800 West Evergreen, 

Suite 201, Palmer, AK 99645–6539, (907) 

761–7705, TDD (907) 761–8905, Deborah 

Davis. 

Arizona State Office, Phoenix Courthouse 

and Federal Building, 230 North First Ave., 

Suite 206, Phoenix, AZ 85003–1706, (602) 

280–8764, TDD (602) 280–8706, Ernie 

Wetherbee. 

Arkansas State Office, 700 W. Capitol Ave., 

Room 3416, Little Rock, AR 72201–3225, 

(501) 301–3250, TDD (501) 301–3063, Greg 

Kemper. 

California State Office, 430 G Street, #4169, 

Davis, CA 95616–4169, (530) 792–5821, 

TDD (530) 792–5848, Debra Moretton. 

Colorado State Office, 655 Parfet Street, 

Room E100, Lakewood, CO 80215, (720) 

544–2923, TDD (800) 659–2656, Mary 

Summerfield. 

Connecticut, Served by Massachusetts State 

Office. 

Delaware and Maryland State Office, 1221 

College Park Drive, Suite 200, Dover, DE 

19904, (302) 857–3615, TDD (302) 857– 

3585, Pat Baker. 

Florida & Virgin Islands State Office, 4440 

N.W. 25th Place, Gainesville, FL 32606– 

6563, (352) 338–3436, TDD (352) 338– 

3499, Daryl Cooper. 

Georgia State Office, Stephens Federal 

Building, 355 E. Hancock Avenue, Athens, 

GA 30601–2768, (706) 546–2164, TDD 

(706) 546–2034, Wayne Rogers. 

Hawaii State Office, (Services all Hawaii, 

American Samoa Guam, and Western 

Pacific), Room 311, Federal Building, 154 

Waianuenue Avenue, Hilo, HI 96720, (808) 

933–8305, TDD (808) 933–8321, Donald 

Estes. 

Idaho State Office, Suite A1, 9173 West 

Barnes Dr., Boise, ID 83709, (208) 378– 

5630, TDD (208) 378–5644, Miriam 

Haylett. 

Illinois State Office, 2118 West Park Court, 

Suite A, Champaign, IL 61821–2986, (217) 

403–6222, TDD (217) 403–6240, Barry L. 

Ramsey. 

Indiana State Office, 5975 Lakeside 

Boulevard, Indianapolis, IN 46278, (317) 

290–3100 (ext. 423), TDD (317) 290–3343, 

Stephen Dye. 

Iowa State Office, 210 Walnut Street, Room 

873, Des Moines, IA 50309, (515) 284– 

4493, TDD (515) 284–4858, Heather 

Honkomp. 

Kansas State Office, 1303 SW First American 

Place, Suite 100, Topeka, KS 66604–4040, 

(785) 271–2721, TDD (785) 271–2767, 

Virginia M. Hammersmith. 

Kentucky State Office, 771 Corporate Drive, 

Suite 200, Lexington, KY 40503, (859) 224– 

7325, TDD (859) 224–7422, Paul Higgins. 

Louisiana State Office, 3727 Government 

Street, Alexandria, LA 71302, (318) 473– 

7962, TDD (318) 473–7655, Yvonne R. 

Emerson. 

Maine State Office, 967 Illinois Ave., Suite 4, 

P.O. Box 405, Bangor, ME 04402–0405, 

(207) 990–9110, TDD (207) 942–7331, Bob 

Nadeau. 

Maryland, Served by Delaware State Office. 

Massachusetts, Connecticut & Rhode Island 

State Office, 451 West Street, Amherst, MA 

01002, (413) 253–4333, TDD (413) 253– 

4590, Arlene Nunes. 

Michigan State Office, 3001 Coolidge Road, 

Suite 200, East Lansing, MI 48823, (517) 

324–5192, TDD (517) 337–6795, Julie 

Putnam. 

Minnesota State Office, 375 Jackson Street 

Building, Suite 410, St. Paul, MN 55101– 

1853, (651) 602–7812, TDD (651) 602– 

7830, Nancy Schmidt. 

Mississippi State Office, Federal Building, 

Suite 831, 100 W. Capitol Street, Jackson, 

MS 39269, (601) 965–4325, TDD (601) 965– 

5850, Darnella Smith-Murray. 

Missouri State Office, 601 Business Loop 70 

West, Parkade Center, Suite 235, Columbia, 

MO 65203, (573) 876–0990, TDD (573) 

876–9480, Colleen James. 

Montana State Office, 900 Technology Blvd., 

Suite B, Bozeman, MT 59718, (406) 585– 

2515, TDD (406) 585–2562, Deborah 

Chorlton. 

Nebraska State Office, Federal Building, 

Room 152, 100 Centennial Mall N. Lincoln, 

NE 68508, (402) 437–5734, TDD (402) 437– 

5093, Linda Anders. 

Nevada State Office, 1390 South Curry Street, 

Carson City, NV 89703–5146, (775) 887– 

1222 (ext. 25), TDD (775) 885–0633, 

Angilla Denton. 

New Hampshire State Office, Concord 

Center, Suite 218, Box 317, 10 Ferry Street, 

Concord, NH 03301–5004, (603) 223–6050, 

TDD (603) 229–0536, Robert McCarthy. 

New Jersey State Office, 5th Floor North, 

Suite 500, 8000 Midlantic Dr., Mt. Laurel, 

NJ 08054, (856) 787–7740, TDD (856) 787– 

7784, George Hyatt, Jr. 

New Mexico State Office, 6200 Jefferson St., 

NE, Room 255, Albuquerque, NM 87109, 

(505) 761–4944, TDD (505) 761–4938, 

Susan Ellzey. 

New York State Office, The Galleries of 

Syracuse, 441 S. Salina Street, Suite 357, 

5th Floor, Syracuse, NY 13202, (315) 477– 

6419, TDD (315) 477–6400, Michael Bosak. 

North Carolina State Office, 4405 Bland 

Road, Suite 260, Raleigh, NC 27609, (919) 

873–2055, TDD (919) 873–2003, Beverly 

Casey. 

North Dakota State Office, Federal Building, 

Room 208, 220 East Rosser, P.O. Box 1737, 

Bismarck, ND 58502, (701) 530–2049, TDD 

(701) 530–2113, Kathy Lake. 

Ohio State Office, Federal Building, Room 

507, 200 North High Street, Columbus, OH 

43215–2477, (614) 255–2418, TDD (614) 

255–2554, Melodie Taylor-Ward. 

Oklahoma State Office, 100 USDA, Suite 108, 

Stillwater, OK 74074–2654, (405) 742– 

1070, TDD (405) 742–1007, Ivan S. Graves. 

Oregon State Office, 1201 NE Lloyd Blvd., 

Suite 801, Portland, OR 97232, (503) 414– 

3325, TDD (503) 414–3387, Sherryl 

Gleason. 

Pennsylvania State Office, One Credit Union 

Place, Suite 330, Harrisburg, PA 17110– 

2996, (717) 237–2281, TDD (717) 237– 

2261, Martha Eberhart. 

Puerto Rico State Office, 654 Munoz Rivera 

Avenue, IBM Plaza, Suite 601, Hato Rey, 

PR 00918, (787) 766–5095 (ext. 249), TDD 

(787) 766–5332, Lourdes Colon. 

Rhode Island, Served by Massachusetts State 

Office. 

South Carolina State Office, Strom 

Thurmond Federal Building, 1835 

Assembly Street, Room 1007, Columbia, SC 

29201, (803) 253–3432, TDD (803) 765– 

5697, Larry D. Floyd. 

South Dakota State Office, Federal Building, 

Room 210, 200 Fourth Street, SW., Huron, 

SD 57350, (605) 352–1132, TDD (605) 352– 

1147, Roger Hazuka or Pam Reilly. 

Tennessee State Office, Suite 300, 3322 West 

End Avenue, Nashville, TN 37203–1084, 

(615) 783–1375, TDD (615) 783–1397, Don 

Harris. 

Texas State Office, Federal Building, Suite 

102, 101 South Main, Temple, TX 76501, 

(254) 742–9765, TDD (254) 742–9712, 

Scooter Brockette. 


dwashington3 on PROD1PC60 with NOTICES
23840 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

Utah State Office, Wallace F. Bennett Federal 

Building, 125 S. State Street, Room 4311, 

Salt Lake City, UT 84147–0350, (801) 524– 

4325, TDD (801) 524–3309, Janice Kocher. 

Vermont State Office, City Center, 3rd Floor, 

89 Main Street, Montpelier, VT 05602, 

(802) 828–6021, TDD (802) 223–6365, 

Heidi Setien. 

Virgin Islands, Served by Florida State 

Office. 

Virginia State Office, Culpeper Building, 

Suite 238, 1606 Santa Rosa Road, 

Richmond, VA 23229, (804) 287–1596, 

TDD (804) 287–1753, CJ Michels. 

Washington State Office, 1835 Black Lake 

Blvd., Suite B, Olympia, WA 98512, (360) 

704–7730, TDD (360) 704–7760, Western 

Pacific Territories, Served by Hawaii State 

Office. 

West Virginia State Office, Federal Building, 

75 High Street, Room 320, Morgantown, 

WV 26505–7500, (304) 284–4872, TDD 

(304) 284–4836, David Cain. 

Wisconsin State Office, 4949 Kirschling 

Court, Stevens Point, WI 54481, (715) 345– 

7676, TDD (715) 345–7614, Jeff 

Borcherding. 

Wyoming State Office, PO Box 11005, 

Casper, WY 82602, (307) 233–6715, TDD 

(307) 233–6733, Alan Brooks. 

FOR FURTHER INFORMATION CONTACT: 

Henry Searcy, Finance and Loan 

Analyst, Multi-Family Housing 

Preservation and Direct Loan Division, 

STOP 0782 (Room 1263–S), USDA Rural 

Development, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0782, telephone: (202) 720–1753 (this is 

not a toll free number), or via e-mail: 

Henry.Searcy@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act 

The reporting requirements contained 

in this notice have been approved by the 

Office of Management and Budget under 

Control Number 0575–0189. 

Overview Information 

Federal Agency Name: Rural Housing 

Service. 

Funding Opportunity Title: Notice of 

Funds Availability for Section 514 Farm 

Labor Housing Loans and Section 516 

Farm Labor Housing Grants for Off-Farm 

Housing. 

Announcement Type: Initial Notice 

inviting applications from qualified 

applicants for FY 2009. 

Catalog of Federal Domestic 

Assistance Numbers (CFDA): 10.405 and 

10.427. 

DATES: The deadline for receipt of all 

applications in response to this is 5 

p.m., appropriate local time to each 

Rural Development State Office, on July 

20, 2009. The application closing 

deadline is firm as to date and hour. 

Rural Development will not consider 

any application that is received after the 

closing deadline unless date and time is 

extended by another Notice published 

in the Federal Register. Applicants 

intending to mail applications must 

provide sufficient time to permit 

delivery on or before the closing 

deadline. Acceptance by a post office or 

private mailer does not constitute 

delivery. Facsimile (FAX), and postage 

due applications will not be accepted. 

I. Funding Opportunities Description 

Housing that is constructed with FLH 

loans and grants must meet Rural 

Development’s design and construction 

standards contained in 7 CFR part 1924, 

subparts A and C. Once constructed, offfarm FLH must be managed in 

accordance with the program’s 

management regulation, 7 CFR part 

3560. Tenant eligibility is limited to 

persons who meet the definition of a 

‘‘disabled domestic farm laborer’’, 

‘‘domestic farm laborer’’, or ‘‘retired 

domestic farm laborer,’’ as defined in 7 

CFR 3560.11. Farmworkers who are 

admitted to this country on a temporary 

basis under the Temporary Agricultural 

Workers (H–2A Visa) program are not 

eligible to occupy Section 514/516 offfarm FLH. 

In addition, off-farm FLH must be 

operated on a non-profit basis and 

tenancy must be open to all qualified 

domestic farm laborers, regardless at 

which farm they work. Section 514(f)(3) 

of the Housing Act of 1949 (42 U.S.C. 

1484(f)(3)) amended the definition of 

domestic farm laborers to include any 

person regardless of the person’s source 

of employment, who receives a 

substantial portion of his or her income 

from the primary production of 

agricultural or aquacultural 

commodities in the unprocessed stage, 

and also includes the person’s family. 

Operating assistance may be used in 

lieu of tenant-specific rental assistance 

(RA) in off-farm labor housing projects 

that serve migrant farmworkers as 

defined in 7 CFR 3560.11 that are 

financed under section 514 or section 

516(h) of the Housing Act of 1949 (42 

U.S.C. 1486(h)), and otherwise meet the 

requirements of 7 CFR 3560.574. 

Owners of eligible projects may choose 

tenant-specific RA or operating 

assistance, or a combination of both; 

however, any tenant or unit assisted 

with operating assistance may not also 

receive RA. It is anticipated that 

operating assistance will not be 

available for new construction in FY 

2009. 

II. Award Information 

Applications for FY 2009 will only be 

accepted through the date and time 

listed in this notice. Since USDA Rural 

Development has the ability to adjust 

loan and grant levels, final loan and 

grant levels will fluctuate, and are 

subject to the availability of funding. 

The funds available for FY 2009 for OffFarm Labor Housing are: Section 514 

$22,977,147, Section 516 $8,586,430 

and Rental Assistance $3,400,000. 

Individual requests may not exceed 

$3 million (total loan and grant). At this 

time, there is no available operating 

assistance. Section 516 off-farm FLH 

grants may not exceed 90 percent of the 

total development cost (TDC) of the 

housing as defined in 7 CFR 3560.11. 

Applications that require leveraged 

funding must have firm commitments in 

place for all of the leveraged funding 

within one year of the Agency issuance 

of Form AD–622, ‘‘Notice of Preapplication Review Action,’’ to the 

applicant. If leverage funds are in the 

form of tax credits, the applicant must 

document a history of receiving tax 

credits. 

III. Eligibility Information 

A. Applicant Eligibility 

(1) To be eligible to receive a Section 

516 grant for off-farm FLH, the applicant 

must be a broad-based non-profit 

organization, a community organization 

which can include a faith-based 

organization, a non-profit organization 

of farm workers, a Federally recognized 

Indian tribe, an agency or political 

subdivision of a State or local 

government, or a public agency (such as 

a housing authority). The applicant 

must be able to contribute at lease onetenth of the TDC non-Rural 

Development resources which can 

include leveraged funds. 

(2) To be eligible to receive a Section 

514 loan for off-farm FLH, the applicant 

must be a broad-based non-profit 

organization, a community organization 

which can include a faith-based 

organization, a non-profit organization 

of farm workers, a Federally recognized 

Indian tribe, an agency or political 

subdivision of a State or local 

government, a public agency (such as a 

housing authority), or a limited 

partnership which has a non-profit 

entity as its general partner, and 

(a) Be unable to provide the necessary 

housing from its own resources; and 

(b) Except for State or local public 

agencies and Indian tribes, be unable to 

obtain similar credit elsewhere at rates 

that would allow for rents within the 

payment ability of eligible residents. 

(3) Broad-based non-profit 

organizations must have a membership 

that reflects a variety of interests in the 

area where the housing will be located. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23841 

B. Cost Sharing or Matching 

Section 516 grants for off-farm FLH 

may not exceed the lesser of 90 percent 

of the TDC as provided in 7 CFR 

3560.562(c)(1). 

C. Other Administrative Requirements 

The following requirements apply to 

loans and grants made in response to 

this notice: 

(1) 7 CFR part 1901, subpart E, 

regarding equal opportunity 

requirements; 

(2) 7 CFR parts 3015, 3016 or 3019 (as 

applicable), which establishes the 

uniform administrative requirements for 

grants and cooperative agreements to 

State and local governments and to nonprofit organizations; 

(3) 7 CFR part 1901, subpart F, 

regarding historical and archaeological 

properties; 

(4) 7 CFR part 1940, subpart G, 

regarding environmental assessments; 

(5) 7 CFR part 3560, subpart L, 

regarding the loan and grant authorities 

of the off-farm FLH program; 

(6) 7 CFR part 1924, subpart A, 

regarding planning and performing 

construction and other development; 

(7) 7 CFR part 1924, subpart C, 

regarding the planning and performing 

of site development work; and 

(8) For construction financed with a 

Section 516 grant, the provisions of the 

Davis-Bacon Act (40 U.S.C. Sec. 276(a)– 

276(a)(5) and implementing regulations 

published at 29 CFR parts 1, 3, and 5. 

(9) All other requirements contained 

in 7 CFR part 3560, regarding the 

Section 514/516 off-farm FLH program. 

IV. Application and Submission 

Information 

The application process will be in two 

phases: The initial pre-application (or 

proposal) and the submission of a final 

application. Only those proposals that 

are selected for funding will be invited 

to submit final applications. In the event 

that a proposal is selected for further 

processing and the applicant declines, 

the next highest ranked unfunded preapplication may be selected. 

All pre-applications for Sections 514 

and 516 funds must be filed with the 

appropriate Rural Development State 

Office and must meet the requirements 

of this notice. Incomplete preapplications will not be reviewed and 

will be returned to the applicant. No 

pre-application will be accepted after 5 

p.m., local time to the appropriate Rural 

Development State Office on July 20, 

2009 unless date and time is extended 

by another Notice published in the 

Federal Register. 

If a pre-application is accepted for 

further processing, the applicant must 

submit a complete, final application, 

acceptable to Rural Development prior 

to the obligation of Rural Development 

funds. If the pre-application is not 

accepted for further processing the 

applicant will be notified of appeal 

rights under 7 CFR part 11. 

Pre-Application Requirements 

The pre-application must contain the 

following: 

(1) A summary page listing the 

following items. This information 

should be double-spaced between items 

and not be in narrative form. 

(a) Applicant’s name. 

(b) Applicant’s Taxpayer 

Identification Number. 

(c) Applicant’s address. 

(d) Applicant’s telephone number. 

(e) Name of applicant’s contact 

person, telephone number, and address. 

(f) Amount of loan and grant 

requested. 

(g) For grants, the applicant’s Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number. As required by 

the Office of Management and Budget 

(OMB), all grant applicants must 

provide a DUNS number when applying 

for Federal grants, on or after October 1, 

2003. Organizations can receive a DUNS 

number at no cost by calling the toll-free 

number at 1–866–705–5711 or via 

internet at http://www.dnb.com/us/. 

Additional information concerning this 

requirement can be obtained on the 

Grants.gov Web site at http:// 

www.grants.gov. 

(2) A narrative verifying the 

applicant’s ability to meet the eligibility 

requirements stated earlier in this 

notice. 

(3) Standard Form 424, ‘‘Application 

for Federal Assistance’’, can be obtained 

at http://www.grants.gov or from any 

Rural Development State Office listed in 

the addresses section. 

(4) Current (within 6 months) 

financial statements with the following 

paragraph certified by the applicant’s 

designated and legally authorized 

signer: 

I/we certify the above is a true and accurate 

reflection of our financial condition as of the 

date stated herein. This statement is given for 

the purpose of inducing the United States of 

America to make a loan or to enable the 

United States of America to make a 

determination of continued eligibility of the 

applicant for a loan as requested in the loan 

application of which this statement is a part. 

(5) Check for $40 from applicants 

made out to United States Department 

of Agriculture. This will be used to pay 

for credit reports obtained by Rural 

Development. 

(6) Evidence that the applicant is 

unable to obtain credit from other 

sources. Letters from credit institutions 

which normally provide real estate 

loans in the area should be obtained and 

these letters should indicate the rates 

and terms upon which a loan might be 

provided. (Note: Not required from State 

or local public agencies or Indian 

tribes.) 

(7) If a FLH grant is desired, a 

statement concerning the need for a FLH 

grant. The statement should include 

preliminary estimates of the rents 

required with and without a grant. 

(8) A statement of the applicant’s 

experience in operating labor housing or 

other rental housing. If the applicant’s 

experience is limited, additional 

information should be provided to 

indicate how the applicant plans to 

compensate for this limited experience 

(i.e., obtaining assistance and advice of 

a management firm, non-profit group, 

public agency, or other organization 

which is experienced in rental 

management and will be available on a 

continuous basis). 

(9) A brief statement explaining the 

applicant’s proposed method of 

operation and management (i.e., on-site 

manager, contract for management 

services, etc.). As stated earlier in this 

notice, the housing must be managed in 

accordance with the program’s 

management regulation, 7 CFR part 

3560 and tenancy is limited to ‘‘disabled 

domestic farm laborers,’’ ‘‘domestic 

farm laborers,’’ ‘‘retired domestic farm 

laborers,’’ as defined in 7 CFR 3560.11. 

(10) Applicants must also provide: 

(a) A copy of, or an accurate citation 

to, the special provisions of State law 

under which they are organized, a copy 

of the applicant’s charter, Articles of 

Incorporation, and By-laws; 

(b) The names, occupations, and 

addresses of the applicant’s members, 

directors, and officers; and 

(c) If a member or subsidiary of 

another organization, the organization’s 

name, address, and nature of business. 

(11) A preliminary market survey or 

market study to identify the supply and 

demand for labor housing in the market 

area. The market area must be clearly 

identified and may include only the 

area from which tenants can reasonably 

be drawn for the proposed project. 

Documentation must be provided to 

justify a need within the intended 

market area for the housing of 

‘‘domestic farm laborers’’, as defined in 

7 CFR 3560.11. The documentation 

must take into account disabled and 

retired farm workers. The preliminary 

survey should address or include the 

following items: 

(a) The annual income level of 

farmworker families in the area and the 

probable income of the farm workers 


dwashington3 on PROD1PC60 with NOTICES
23842 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

who are apt to occupy the proposed 

housing; 

(b) A realistic estimate of the number 

of farm workers who remain in the area 

where they harvest and the number of 

farm workers who normally migrate into 

the area. Information on migratory 

workers should indicate the average 

number of months the migrants reside 

in the area and an indication of what 

type of family groups are represented by 

the migrants (i.e., single individuals as 

opposed to families); 

(c) General information concerning 

the type of labor-intensive crops grown 

in the area and prospects for continued 

demand for farm laborers; 

(d) The overall occupancy rate for 

comparable rental units in the area and 

the rents charged and customary rental 

practices for these units (i.e., will they 

rent to large families, do they require 

annual leases, etc.); 

(e) The number, condition, adequacy, 

rental rates and ownership of units 

currently used or available to farm 

workers; 

(f) A description of the units 

proposed, including the number, type, 

size, rental rates, amenities such as 

carpets and drapes, related facilities 

such as a laundry room or community 

room and other facilities providing 

supportive services in connection with 

the housing and the needs of the 

prospective tenants, such as a health 

clinic or day care facility, estimated 

development timeline, estimated total 

development cost, and applicant 

contribution; and 

(g) The applicant must also identify 

all other sources of funds, including the 

dollar amount, source, and commitment 

status. (Note: A Section 516 grant may 

not exceed 90 percent of the total 

development cost of the housing.) 

(12) A completed Form RD 1940–20, 

‘‘Request for Environmental 

Information,’’ and a description of 

anticipated environmental issues or 

concerns. The form can be found at 

http://forms.sc.egov.usda.gov/eforms/ 

mainserv/let. 

(13) A prepared HUD Form 935.2A, 

‘‘Affirmative Fair Housing Marketing 

Plan (AFHM) Multi-family Housing,’’ in 

accordance with 7 CFR 1901.203(c). The 

form can be found at http:// 

www.hud.gov/offices/adm/hudclips/ 

forms/files/935–2a.pdf. The plan will 

reflect that occupancy is open to all 

qualified ‘‘domestic farm laborers,’’ 

regardless of which farming operation 

they work and that they will not 

discriminate on the basis of race, color, 

sex, age, disability, marital or familial 

status or National origin in regard to the 

occupancy or use of the units. 

(14) Evidence of site control, such as 

an option contract or sales contract. In 

addition, a map and description of the 

proposed site, including the availability 

of water, sewer, and utilities and the 

proximity to community facilities and 

services such as shopping, schools, 

transportation, doctors, dentists, and 

hospitals. 

(15) Preliminary plans and 

specifications, including plot plans, 

building layouts, and type of 

construction and materials. The housing 

must meet Rural Development’s design 

and construction standards contained in 

7 CFR part 1924, subparts A and C and 

must also meet all applicable Federal, 

State, and local accessibility standards. 

(16) A supportive services plan, 

which describes services that will be 

provided on-site or made available to 

tenants through cooperative agreements 

with service providers in the 

community, such as a health clinic or 

day care facility. Off-site services must 

be accessible and affordable to farm 

workers and their families. Letters of 

intent from service providers are 

acceptable documentation at the preapplication stage. 

(17) A proposed operating budget 

utilizing Form RD 3560–7, ‘‘Multiple 

Family Housing Project Budget/Utility 

Allowance,’’ can be found at http:// 

www.rurdev.usda.gov/regs/forms/3560– 

07.pdf. 

(18) An estimate of development cost 

utilizing Form RD 1924–13, ‘‘Estimate 

and Certificate of Actual Cost,’’ can be 

found at http://forms.sc.egov.usda.gov/ 

eforms/mainserv/let. 

(19) Form RD 3560–30, ‘‘Certification 

of no Identity of Interest (IOI),’’ can be 

found at http://www.rurdev.usda.gov/ 

reqs/forms/3560–30.pdf and Form RD 

3560–31, ‘‘Identity of Interest 

Disclosure/Qualification Certification,’’ 

can be found at http:// 

forms.sc.egov.usda.gov/eforms/ 

mainserv/let. 

(20) Form HUD 2530, ‘‘Previous 

Participation Certification,’’ can be 

found at http://www.hud.gov/offices/ 

adm/hudclips/forms/files/2530.pdf. 

(21) If requesting RA or Operating 

Assistance, Form RD 3560–25, ‘‘Initial 

Request for Rental Assistance or 

Operating Assistance,’’ can be found at 

http://forms.sc.egov.usda.gov/eforms/ 

mainserv/let. 

(22) A sources and uses statement 

which shows all sources of funding 

included in the proposed project. The 

terms and schedules of all sources 

included in the project should be 

included in the sources and uses 

statement. 

(23) A separate one-page information 

sheet listing each of the ‘‘PreApplication Scoring Criteria’’ contained 

in this notice, followed by a reference to 

the page numbers of all relevant 

material and documentation that is 

contained in the proposal that supports 

the criteria. 

(24) Applicants are encouraged, but 

not required, to include a checklist of all 

of the pre-application requirements and 

to have their pre-application indexed 

and tabbed to facilitate the review 

process; 

(25) Evidence of compliance with 

Executive Order 12372. The applicant 

must send a copy of Form SF–424 to the 

applicant’s state clearinghouse for 

intergovernmental review. If the 

applicant is located in a state that does 

not have a clearing house, the applicant 

is not required to submit the form. 

(26) Evidence of compliance with the 

requirements of the applicable State 

Housing Preservation Office (SHPO). A 

letter from the SHPO where the off-farm 

labor housing project is located, signed 

by their designee will serve as evidence 

of compliance. 

(27) Form RD 400–4, ‘‘Assurance 

Agreement,’’ can be found at http:// 

forms.sc.egov.usda.gov/eforms/ 

mainserv/let. Applications for 

revitalization, repair and rehab are to 

apply through the Multi-Family 

Housing Revitalization Demonstration 

Program. 

V. Pre-Application Review Information 

All applications for Sections 514 and 

516 funds must be filed with the 

appropriate Rural Development State 

Office and must meet the requirements 

of this notice. The Rural Development 

State Office will base its determination 

of completeness of the application and 

the eligibility of each applicant on the 

information provided in the preapplication. 

Selection Criteria. Section 514 loan 

funds and Section 516 grant funds will 

be distributed to States based on a 

national competition, as follows: 

(1) Rural Development States will 

accept, review, and score preapplications in accordance with this 

notice. The scoring factors are: 

(a) The presence and extent of 

leveraged assistance, including donated 

land, for the units that will serve 

program-eligible tenants, calculated as a 

percentage of the Rural Development 

TDC. Rural Development TDC excludes 

non-Rural Development eligible costs 

such as a developer’s fee. Leveraged 

assistance includes, but is not limited 

to, funds for hard construction costs, 

Section 8 or other non-Rural 

Development tenant subsidies, and State 

or Federal funds. A minimum of ten 

percent leveraged assistance is required 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23843 

to earn points; however, if the total 

percentage of leveraged assistance is 

less than ten percent and the proposal 

includes donated land, two points will 

be awarded for the donated land. To 

count as leveraged funds for purposes of 

the selection criteria, a commitment of 

funds must be provided with the preapplication. Points will be awarded in 

accordance with the following table 

using rounding to the nearest whole 

number. 

Percentage points 

75% or more leveraged funds .............. 20 

60–74% leveraged funds ...................... 18 

50–59% leveraged funds ...................... 16 

40–49% leveraged funds ...................... 12 

30–39% leveraged funds ...................... 10 

20–29% leveraged funds ...................... 8 

10–19% leveraged funds ...................... 5 

0–9% leveraged funds .......................... 0 

Donated land in proposals with less 

than ten percent total leveraged 

assistance: Two points. 

(b) Percent of units for seasonal, 

temporary, migrant housing. 

(1) Five points for up to and including 

50 percent of the units; and 

(2) 10 points for 51 percent or more 

units used for seasonal, temporary, or 

migrant housing. 

(c) The selection criteria include one 

optional criterion set by the National 

Office. For FY 2009, the National Office 

selection criterion is as follows: (1) Up 

to 10 points will be awarded based on 

the presence of and extent to which a 

tenant services plan exists that clearly 

outlines services that will be provided 

to the residents of the proposed project. 

These services may include, but are not 

limited to, transportation related 

services, on-site English as a Second 

Language (ESL) classes, move-in funds, 

emergency assistance funds, 

homeownership counseling, food 

pantries, after school tutoring, and 

computer learning centers. (2) Two 

points will be awarded for each resident 

service included in the tenant services 

plan up to a maximum of 10 points. 

Plans must detail how the services are 

to be administered, who will administer 

them, and where they will be 

administered. All tenant service plans 

must include letters of intent that 

clearly state the service that will be 

provided at the project for the benefit of 

the residents from any party 

administering each service, including 

the applicant. 

(2) Rural Development State Offices 

will conduct the preliminary eligibility 

review, score the pre-applications, and 

forward them to the National Office. 

(3) The National Office will rank all 

pre-applications nationwide and 

distribute funds to States in rank order, 

within funding and RA limits. A lottery 

in accordance with 7 CFR 3560.56(c)(2) 

will be used for applications with tied 

point scores when they all cannot be 

funded. If insufficient funds or RA 

remain for the next ranked proposal, 

that applicant will be given a chance to 

modify their pre-application to bring it 

within remaining funding levels. This 

will be repeated for each next ranked 

eligible proposal until an award can be 

made or the list is exhausted. Rural 

Development will notify all applicants 

on whether their applications have been 

accepted or rejected. 

VI. Award Administration Information 

1. Award Notices 

Loan applicants must submit their 

initial applications by the due date 

specified in this notice. State Offices 

will review applications and provide a 

list to the National Office. Once the 

applications have been scored and 

ranked by the National Office the 

National Office, will advise States 

Offices of the proposals selected for 

further processing, State Offices will 

respond to applicants by letter. If the 

application is not accepted for further 

processing, the applicant will be 

notified of appeal rights under 7 CFR 

part 11. 

2. Administrative and National Policy 

All Farm Labor Housing loans and 

grant made pursuant to a contract 

entered into on or after the effective date 

of 7 CFR part 3560 are subject to the 

restrictive-use provisions contained in 7 

CFR 3560.72(a)(2). 

3. Reporting 

Borrowers must maintain separate 

financial records for the operation and 

maintenance of the project and the 

service component. Funds allocated to 

the operation and maintenance of the 

project may not be used to supplement 

the cost of services, nor may service 

component funds be used to 

supplement the project operation and 

maintenance. Detailed financial reports 

on the service component will not be 

required unless specifically requested 

by Rural Development, and then only to 

the extent necessary for Rural 

Development and the borrower to 

discuss the affordability (and 

competitiveness) of the service 

component by the tenant. 

The project audit, or verification of 

accounts on Form RD 3560–10, 

‘‘Borrower Balance Sheet’’, together 

with an accompanying Form RD 3560– 

7 ‘‘Multiple Family Housing Project 

Budget/Utility Allowance’’ showing 

actuals, must allocate revenue and 

expense between project operations and 

the service component. 

VII. Agency Contacts 

For application information, contact 

the Rural Development State Office 

listed in the addresses section of this 

notice. 

VIII. Non-Discrimination Statement 

The U.S. Department of Agriculture 

(USDA) prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, age, 

disability, and where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance program. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (Braille, large 

print, audiotape, etc.) should contact 

USDA’s Target Center at (202) 720–2600 

(voice and TDD). To file a complaint of 

discrimination, write to USDA, Director, 

Office of Civil Rights, 1400 

Independence Avenue, SW., 

Washington, DC 20250–9410, or call 

(800) 795–3272 (voice) or (202) 720– 

6382 (TDD). USDA is an equal 

opportunity provider and employer. 

Dated: May 13, 2009. 

James C. Alsop, 

Acting Administrator, Rural Housing Service. 

[FR Doc. E9–11833 Filed 5–20–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Marine Recreational Fisheries 

Statistics Survey. 

OMB Control Number: 0648–0052. 

Form Number(s): None. 

Type of Request: Regular submission. 

Burden Hours: 2,175 (new); 46,920 

(current plus new). 

Number of Respondents: 16,630 

(new); 741,305 (current plus new). 

Average Hours per Response: Pretest, 

30 minutes; fishing effort screening 


dwashington3 on PROD1PC60 with NOTICES