9820 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Notices

Second priority consideration will be

given to proposals which target other

markets where growth prospects for the

relevant agricultural product are high.

These proposals would serve to open

new markets or bring about substantial

growth in existing markets.

In all cases, preference is given to

nonprofit U.S. agricultural trade

organizations that represent an entire

industry or are nationwide in

membership and scope.

Note: FAS generally reviews Section

108 proposals on a quarterly basis (in

January, April, July, and October.)

However, FAS may also consider

proposals on an accelerated basis if an

urgent marketing opportunity becomes

available. FAS will evaluate such

proposals according to the criteria

specified in this notice. Details

concerning the accelerated review can

be obtained from the Section 108 fact

sheet on the Internet at the following

URL address: http://www.fas.usda.gov/

mos/108/108fact.htm or by calling the

contact listed above.

Agreements

Following approval of a proposal,

FAS will enter into an agreement with

the organization that submitted the

proposal. Agreements will incorporate

the project details as approved by FAS

and specify any other terms and

conditions applicable to project

funding. Agreements include the

maximum amount of funds, in local

currencies rather than U.S. dollars,

which may be made available for a

participant’s approved activities. All

agreements with non-profit

organizations under this program are

administered under 7 CFR 3019—

Uniform Administrative Requirements

for Grants and Cooperative Agreements

with Institutions of Higher Education,

Hospitals, and other Non-profit

Organizations.

Submission of Proposals

Proposals may be submitted on a

continuous basis. However, all Internetbased Section 108 proposals (using the

UES application) must be properly

submitted by 5 p.m. Eastern Standard

Time, March 12, 2001, because the UES

entry website closes at that time. Signed

certification statements must be

delivered to one of the addresses listed

below.

All proposals on diskette (with two

accompanying paper copies and a

signed certification statement) and any

other proposals must be delivered to

one of the following addresses:

Hand Delivery (including FedEx,

DHL, etc.): U.S. Department of

Agriculture, Foreign Agricultural

Service, Marketing Operations Staff,

Room 4932–S, 14th and Independence

Ave., SW., Washington, DC 20250–1042.

U.S. Postal Delivery: U.S. Department

of Agriculture, Foreign Agricultural

Service, Marketing Operations Staff,

STOP 1042, 1400 Independence Ave.,

SW., Washington, DC 20250–1042.

Dated: January 31, 2001.

Mattie R. Sharpless,

Acting Administrator, Foreign Agricultural

Service.

[FR Doc. 01–3571 Filed 2–9–01; 8:45 am]

BILLING CODE 3410–10–P

DEPARTMENT OF AGRICULTURE

Rural Housing Service

Request for Proposals (RFP):

Demonstration Program for

Agriculture, Aquaculture, and Seafood

Processor Worker Housing Grants

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

SUMMARY: The Rural Housing Service

(RHS) announces the availability of

funds, the timeframe to submit

proposals, and the guidelines for

proposals for agriculture, aquaculture,

and seafood processor worker housing

grants in the States of Mississippi and

Alaska. Public Law 106–387

(Department of Agriculture, Rural

Development, Food and Drug

Administration, and Related Agencies

Act, 2001) authorizes RHS to establish

a demonstration program to provide

financial assistance (grants) for

agriculture, aquaculture, and seafood

processing workers in the States of

Mississippi and Alaska. This RFP

requests proposals from qualified

private and public nonprofit agencies,

cooperatives, state and local

governments, and tribal organizations in

Mississippi and Alaska to construct

housing for agriculture, aquaculture,

and seafood processing workers. Any

one project may not receive grant funds

of more than $1.5 million from this

program. At least one project in Alaska

and one project in Mississippi will be

funded under this program. Housing

facilities constructed under this RFP are

expected to increase the supply of

housing for agriculture, aquaculture,

and seafood processing workers in

markets where adequate housing is not

available.

DATES: The deadline for receipt of all

applications in response to this RFP is

5 p.m., Eastern Standard Time, on May

14, 2001. The application closing

deadline is firm as to date and hour.

RHS will not consider any application

that is received after the closing

deadline. 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),

COD, and postage due applications will

not be accepted.

ADDRESSES: Applications should be

submitted to the USDA-Rural Housing

Service; Attention: David Layfield,

Senior Loan Specialist, USDA, Rural

Housing Service, Multi-Family Housing

Processing Division, STOP 0781, Room

1239, 1400 Independence Ave., SW.,

Washington, DC 20250–0781. RHS will

date and time certify incoming

applications to evidence timely receipt

and, upon request, will provide the

applicant with a written

acknowledgement of receipt.

FOR FURTHER INFORMATION CONTACT: For

further information and an application

package including all required forms,

contact David Layfield, Senior Loan

Specialist, USDA, Rural Housing

Service, Multi-Family Housing

Processing Division, Stop 0781, Room

1239, 1400 Independence Avenue, SW.,

Washington, DC 20250–0781, telephone

(202) 720–1604. (This is not a toll-free

number.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., OMB must

approve all ‘‘collections of information’’

by the Rural Housing Service. The Act

defines ‘‘collection of information’’ as a

requirement for ‘‘answers to * * *

identical reporting or recordkeeping

requirements imposed on ten or more

persons * * *.’’ (44 U.S.C. 3502(3)(A).)

Because this RFP will receive less than

10 respondents, the Paperwork

Reduction Act does not apply.

General Information

The agriculture, aquaculture, and

seafood processor worker housing grants

authorized by Public Laws 106–387 and

106–554 are for the purpose of

developing a housing demonstration

program for agriculture, aquaculture,

and seafood processor worker housing

in markets in Mississippi and Alaska

that have a demonstrated need for

housing for such workers. Under Public

Laws 106–387 and 106–554, RHS has

the authority to award $5,000,000 in

grant funds for a housing demonstration

program for agriculture, aquaculture,

and seafood processor workers in

Mississippi and Alaska.

Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Notices 9821

I. Purpose

Public Laws 106–387 and 106–554

authorized funds to the Department to

implement a demonstration grant

program for the construction of housing

for agriculture, aquaculture, and seafood

processing workers in Mississippi and

Alaska.

The demonstration program has been

designed to increase the supply of rental

housing for a growing segment of the

population whose needs are not

currently being met. The program is

expected to provide housing

opportunities for processing workers in

markets that cannot support other forms

of conventional and government

housing models. Developers of housing

under this program will receive a grant

of up to 75% of the Total Development

Cost (TDC) of the project. TDC includes

all hard costs, soft costs, initial

operating reserves, administrative fees,

furnishings and equipment, and related

facilities.

Housing constructed under this

program may not receive RHS Rental

Assistance or Operating Subsidies

authorized under 7 U.S.C. 1490a for

payment of tenant rents. Project

financial models should be structured to

work without rental subsidies while

keeping rents affordable for the target

population.

Projects should be located close to

tenants’ workplaces and services as

much as feasible. Location of the project

is limited to rural areas as defined in 42

U.S.C. 1490.

II. Project Threshold Criteria

All applications must meet the

minimum threshold requirements

contained in this RFP. The threshold

criteria are as follows:

A. Occupancy Requirements

Eligibility for residency in facilities

constructed under this RFP is limited to

individuals and families who earn at

least 40% of their income from the

processing of agriculture, aquaculture,

and seafood commodities and earn less

than or equal to 60% of the National

Median Income for a family of four as

reported by the U.S. Census Bureau.

Residents must be United States citizens

or legally admitted for permanent

residence.

B. Eligible Grantees

Eligibility for grants under this notice

is limited to private and public

nonprofit agencies, non-profit

cooperatives, state and local

governments, and tribal organizations.

Applicants must possess the experience,

knowledge, and capacity to develop

affordable multifamily housing in rural

areas.

C. Grant Limit

A grant under this RFP may fund up

to and including 75% of a project’s

Total Development Cost (TDC). TDC

includes all hard costs, soft costs, initial

operating reserves, administrative fees,

furnishings and equipment, and related

facilities. In addition, any one project

may not receive grant funds of more

than $1.5 million from this program. At

least one project in Alaska and one

project in Mississippi will be funded by

this program.

D. Eligible Costs

Eligible costs for grants under this

RFP include all project related costs

including all hard costs, soft costs,

initial operating reserves, administrative

fees, furnishings and equipment, and

related facilities.

E. Term of Use

The project will remain in use for the

intended purpose for the life of the

project as required under 7 CFR. 3015,

3016, or 3019, as applicable. These

provisions require the grant recipient to

use the real property for the authorized

purpose of the project as long as it is

needed.

F. Site Control

The developer must own or

demonstrate evidence of site control of

the proposed site. At a minimum, site

control should extend 180 days past the

date of application submission and is

preferred to be for one year. Proof of site

control should be submitted with the

application. This can be in the form of

a contract of sale, option agreement,

long-term lease agreement, or deed or

other documentation of ownership by

the applicant. The applicant must

exercise care in site selection. Site

approval is subject to completion of an

environmental assessment by RHS and

sites with environmental problems will

increase the amount of time necessary to

complete this assessment. Proposals

which will directly or indirectly impact

protected resources, such as floodplains

or wetlands, can require consideration

of alternative sites, changes in project

design, or the implementation of other

mitigation measures to lessen adverse

effects on the environment.

G. Zoning

A zoning designation adequate to

develop the type of housing and number

of units proposed is required. Evidence

of proper zoning must be included with

the application. Where there is a clear

plan to have a site rezoned, a narrative

explaining the situation and detailing

the process and timeline for rezoning

may be accepted.

H. Utilities

Adequate capacity to connect the

project to water, sewer, electricity, and

telephone services must be

demonstrated. Letters from utility

providers must be included in the

application. If on-site utilities are

proposed, engineering reports indicating

correct soil types, adequate land

capacity, etc. must be included in the

application.

I. Market Demand

Projects funded under this RFP must

be in markets with demonstrated need

for agriculture, aquaculture, and seafood

processing worker housing. All

applications should include

documentation of this need in the form

of a market analysis, survey, or other

documentation of need.

J. Design Characteristics

Housing constructed under this

demonstration may be of any

architectural style as long as it is

permitted by local zoning laws, meets

all applicable building codes, and fits

with the character of the surrounding

community. Building design is subject

to the requirements of section 504 of the

Rehabilitation Act of 1973, the

Americans with Disabilities Act, the

Fair Housing Act, and any state or local

accessibility requirements. For these

reasons, buildings must be designed and

constructed in accordance with the

Uniform Federal Accessibility

Standards, the Americans with

Disabilities Act Accessibility

Guidelines, the Fair Housing Act

Accessibility Guidelines, and any state

or local standards.

K. Civil Rights

Title VI of the Civil Rights Act of 1964

prohibits recipients of Federal financial

assistance from discriminating in their

programs and activities on the basis of

race, color, or national origin. It also

requires recipients (1) to sign a civil

rights assurance agreement (i.e., Form

RD 400–4), (2) to collect statistical data

on race and national origin, (3) submit

to the Agency timely, complete, and

accurate compliance reports so that the

Agency can determine compliance with

program regulations and applicable civil

rights laws, and (4) to disseminate

information to the public stating that the

recipient operates a program that is

subject to the non-discrimination

requirements of Title VI and briefly

explain the procedures for filing

complaints.

9822 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Notices

Section 504 of the Rehabilitation Act

of 1973 prohibits recipients of Federal

financial assistance from discriminating

against persons with disabilities and

requires recipients to make their

programs and activities accessible to,

and usable by, persons with disabilities.

The Fair Housing Act (Title VIII of the

Civil Rights Act of 1968, as amended by

the Housing Amendments Act of 1988)

prohibits discrimination because of

race, color, religion, sex, handicap,

familial status, and national origin in

the sale, rental, or advertising of

dwellings in providing services or

availability of residential real estate

transactions.

The Age Discrimination Act of 1975

prohibits recipients of Federal financial

assistance from discriminating in their

programs and activities on the basis of

age.

As part of the grant proposal, the

applicant must provide (1) a notice of

all civil rights law suits filed against it;

(2) a description of assistance

applications they have pending in other

Agencies and of Federal assistance

being provided; (3) a description of any

civil rights compliance reviews of the

applicant during the preceding two

years; and (4) a statement as to whether

the applicant has been found in

noncompliance with any civil rights

requirements.

Successful applicants have a duty to

affirmatively further fair housing.

Proposals will include specific steps

that the applicant will take to promote

and ensure and affirmatively further fair

housing.

In the event Federal financial

assistance will be used to obtain or

improve real property, instruments of

conveyance shall contain a covenant

running with the land assuring nondiscrimination for the period the real

property is used for the same or similar

purpose for which the Federal financial

assistance is being extended, or for

another purpose involving the provision

of similar services or benefits. The

covenant shall be as follows:

‘‘The property described herein was

obtained or improved with Federal

financial assistance and is subject to the

provisions of Title VI of the Civil Rights

Act of 1964, section 504 of the

Rehabilitation Act of 1973, the Age

Discrimination Act of 1975, and the

regulations issued thereto. This

covenant is in effect for as long as the

property continues to be used for the

same or similar purpose for which the

financial assistance was extended, or for

as long as the above recipient owns it,

whichever is longer.’’

Contractors must comply with the

Equal Employment Opportunity

Executive Order 11246, as amended by

Executive Orders 11478 and 13087, and

construction contracts must contain the

specific non-discrimination language

that is required by the Executive Order.

Before funds are disbursed, a preaward civil rights compliance review

will be conducted by the Agency to

determine whether the applicant is, and

will be, in compliance with Title VI of

the Civil Rights Act of 1964, section 504

of the Rehabilitation Act of 1973, the

Fair Housing Act, and the Age

Discrimination Act of 1975. In addition,

the Agency will conduct a Civil Rights

Impact Analysis.

L. Environmental Requirements

All applications are subject to

satisfactory completion of the

appropriate level of environmental

review by RHS in accordance with 7

CFR part 1940, subpart G. For the

purposes of 7 CFR part 1940, subpart G,

applications under this RFP will be

considered multi-family projects.

All applications are subject to the

requirements of Executive Order 12898,

‘‘Federal Actions to Address

Environmental Justice in Minority

Populations and Low-income

Populations,’’ as further addressed in

Administrative Notice 3548(2006–P),

dated April 28, 2000 (available via the

Internet at http://rdinit.usda.gov/regs).

All applications are subject to the

flood insurance requirements of 7 CFR

part 1806, subpart B, and

Administrative Notice No. 3538(426.2),

dated June 6, 2000 (available via the

Internet at http://rdinit.usda.gov/regs).

M. Applicable Regulations

All grants funded under this program

must meet the requirements of 7 CFR

3015 and 3016 or 3019, as applicable,

RD Instructions 1924–A (7 CFR part

1924, subpart A), and 1924–C (7 CFR

part 1924, subpart C).

III. Proposal Format

A. Proposals must include the

following:

1. SF–424 ‘‘Application for Federal

Assistance’’.

2. Applicant Financial Statements.

3. HUD 935.2 ‘‘Affirmative Fair

Housing Marketing Plan’’.

4. RD 1944–30 and 1944–31 ‘‘Identity

of Interest’’ forms.

5. HUD 2530 ‘‘Previous Participation

Certification’’.

6. RD 1924–13 ‘‘Estimate and

Certificate of Actual Cost’’.

7. RD 1930–7 ‘‘Multiple Family

Housing Project Budget’’ including rent

schedule and operating and

maintenance budget.

8. RD 1940–20 ‘‘Request for

Environmental Information’’.

9. Statement of applicants experience

in developing multifamily housing.

10. A Sources and Uses Statement

showing 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.

11. Applicant organizational

documents (articles of incorporation, by

laws, etc.).

12. Narrative description of the

proposed project including description

of site, housing, amenities, etc.

13. A location map showing the site

and surrounding services.

14. Evidence of site control.

15. Evidence of proper zoning or

explanation of how proper zoning will

be achieved.

16. Evidence of utilities availability or

evidence that the site is suitable for onsite utilities.

17. A description of any related

facilities including justification and cost

of such facilities.

18. Schematic design drawings

including a site plan, building

elevations, and floor plans.

19. Outline design specifications.

20. A statement agreeing to pay any

cost overruns from the applicants own

sources.

21. Documentation of need in the

form of a market study, survey, or other

sources.

22. If seeking points under Evaluation

Criteria, a copy of the Tenant Services

Plan.

23. If seeking points under Evaluation

Criteria, documentation verifying the

unemployment rate of the place where

the project is located.

B. The above items are required for the

RFP response. If a proposal is accepted

for further processing, there will be

additional submittals required.

IV. Evaluation Criteria

A. Leveraging (Up to 20 Points)

Points will be awarded based on the

percent of non-RHS funds specifically

identified and designated to supplement

RHS funds. Leveraged funds may

include donated land per 7 CFR part

1944 subpart E. In the case of donated

land, the amount of leveraging will be

determined by an opinion of value to be

prepared by a licensed appraiser. Points

will be awarded as follows:

Percent of leveraging Points

Over 50% .......................................... 20

36% to 50% ...................................... 10

25% to 35% ...................................... 5

Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Notices 9823

B. Tenant Services (Up to 25 Points)

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

residents of the proposed project.

These services include but are not

limited to:

1. Day care or before and after school

child care.

2. Computer learning centers.

3. Homeownership and budget

counseling.

4. Parenting programs for young

parents (such as family support centers),

parenting skills sessions for all

interested parents, and parent and child

activities.

5. Literacy programs (such as book

clubs, toddler reading programs, and

story groups), libraries, and book

sharing groups or centers.

6. Art activities or art centers for

children that include painting,

photography, ceramics, etc.

7. Health education and referral or

health care outreach centers.

8. Job training and preparation

centers.

9. Housing services and/or

community coordinators.

10. Mentoring programs where young

adults mentor adolescents or more

established adults mentor other adults.

11. Community meeting centers.

12. Recreation centers located within

housing complexes.

13. Nutritional services.

14. Transportation services.

A tenant services plan must be

submitted with the application to

receive points under this criteria. Points

may be awarded based on the extent to

which the plan is comprehensive, well

defined, feasible, appropriate for the

proposed tenant population, innovative,

and involves a unique collaboration,

partnership, ownership or management

structure. Projects that include on-site

services must be designed to include the

necessary physical space for the

services. Letters or agreements

documenting a service provider’s

involvement with the project should be

submitted. Five points will be awarded

for each resident service included in the

tenant services plan up to a maximum

of 25 points.

C. High Unemployment (Up to 10

Points)

Points will be awarded to projects

which are located in counties, boroughs,

or census areas that are characterized by

high unemployment levels. Evidence of

unemployment rates must be included

in the application to receive points

under this criterion. All rates must be

the 2000 annual average as reported by

the state agency responsible for

recording and reporting unemployment

rates in the proposed state. Points will

be awarded as follows:

Unemployment rate Points

≥10% ................................................. 10

≥6%<10% ......................................... 5

V. Review Process

All proposals will be received,

evaluated, and accepted or rejected by a

RHS grant committee. The grant

committee will consist of three RHS

National Office staff and two RHS staff

from the state where the project is

located.

The grant committee will inform

applicants of proposal acceptance for

further processing or rejection within 30

days of the closing date of the RFP.

If the proposal is accepted for further

processing, the applicant will be

expected to submit additional

information prior to grant obligation. In

addition, RHS must complete the

appropriate level of environmental

review prior to grant obligation. The

applicant is expected to assist RHS, as

necessary, in the development of this

environmental review.

Prior to grant obligation, the grant

recipient shall enter into a grant

agreement with the RHS which shall

outline the roles and responsibilities of

both parties. A sample grant agreement

will be made available to the grant

recipient prior to grant obligation.

VI. RHS Monitoring

During construction, RHS will take

part in periodic progress meetings at the

project site and shall inspect completed

work. RHS approval of work completed

must be given before grant funds can be

disbursed for that work.

RHS monitoring shall continue

throughout the useful life of the project

or until the grant is terminated under

provisions established in 7 CFR parts

3015, 3016, and 3019. Monitoring shall

consist of initial and annual tenant

certifications, civil rights compliance

reviews, tri-annual physical inspections,

annual proposed and actual operating

budgets, and annual audits. If other

funding sources involved in the project

require reporting, those formats may be

used in place of RHS methods as long

as those formats meet RHS

requirements.

Tenants and grantees must execute an

Agency-approved tenant certification

form establishing the tenant’s eligibility

prior to occupancy. In addition, tenant

households must be recertified and

must execute a tenant certification form

at least annually.

Grantees will submit to a tri-annual

(once every three years) physical

inspection of the project. RHS will

inspect for health and safety issues,

deferred maintenance, and other

physical problems that can endanger the

provision of decent, affordable housing

to the target population on a long-term

basis.

Annual proposed and actual operating

and maintenance budgets will be

required to insure that all project needs

are being met and all RHS guidelines are

being followed. The form of operating

and maintenance budgets will be

designated by RHS.

The grantee must submit to RHS

annual audits of the project finances in

accordance with the requirements

established by OMB, in accordance with

Departmental requirements in 7 CFR

part 3052.

Dated: January 19, 2001.

James C. Kearney,

Administrator, Rural Housing Service.

[FR Doc. 01–3510 Filed 2–9–01; 8:45 am]

BILLING CODE 3410–XV–U

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Grant of Certificate of Interim

Extension of the Term of U.S. Patent

No. 4,229,449: Roboxetine Mesylate

AGENCY: United States Patent and

Trademark Office, Commerce.

ACTION: Notice of Interim Patent Term

Extension.

SUMMARY: The United States Patent and

Trademark Office has issued a

certificate under 35 U.S.C. 156(d)(5) for

a third one-year interim extension of the

term of U.S. Patent No. 4,229,449.

FOR FURTHER INFORMATION CONTACT:

Karin Tyson by telephone at (703) 306–

3159; by mail marked to her attention

and addressed to the Assistant

Commissioner for Patents, Box Patent

Ext., Washington, DC 20231; by fax

marked to her attention at (703) 872–

9411, or by e-mail to

karin.tyson@uspto.gov.

SUPPLEMENTARY INFORMATION: Section

156 of Title 35, United States Code,

generally provides that the term of a

patent may be extended for a period of

up to 5 years if the patent claims a

product, or a method of making or using

a product, that has been subject to

certain defined regulatory review, and

that the patent may be extended for

interim periods of up to a year if the