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Federal Register / Vol. 71, No.

125 / Thursday, June 29, 2006 / Notices 37075

advise the contact listed below as soon FEDERAL COMMUNICATIONS DATES: There were no comments
as possible. COMMISSION received on the draft Fiscal Year 2006
ADDRESSES: You may submit all your Program Guidelines/Application
[Report No. 2776]
Paperwork Reduction Act (PRA) Solicitation.
comments by e-mail or U.S. postal mail. Petitions for Reconsideration of Action ADDRESSES: Maria A. Fried, General
To submit your comments by e-mail in Rulemaking Proceeding Counsel and Federal Register Liaison,
send them to PRA@fcc.gov. To submit Federal Mediation and Conciliation
your comments by U.S. mail, mark them June 23, 2006. Service, 2100 K Street, NW.,
to the attention of Cathy Williams, Petitions for Reconsideration have Washington, DC 20427. Comments may
Federal Communications Commission, been filed in the Commission’s be submitted by fax at (202) 606–5345
Room 1–C823, 445 12th Street, SW., Rulemaking proceeding listed in this or electronic mail (e-mail) to
Washington, DC 20554. Public Notice and published pursuant to mfried@fmcs.gov. All comments and
47 CFR 1.429(e). The full text of these data in electronic form must be
FOR FURTHER INFORMATION CONTACT: For
documents is available for viewing and identified by the appropriate agency
additional information about the copying in Room CY–B402, 445 12th
information collection(s) send an e-mail form number.
Street, SW., Washington, DC or may be
to PRA@fcc.gov or contact Cathy FOR FURTHER INFORMATION CONTACT:
purchased from the Commission’s copy
Williams at (202) 418–2918. Linda Stubbs, Grants Management
contractor, Best Copy and Printing, Inc.
SUPPLEMENTARY INFORMATION: Specialist, FMCS 2100 K Street, NW.,
(BCPI) (1–800–378–3160). Oppositions
OMB Control Number: 3060–0922. Washington, DC 20427. Telephone
to these petitions must be filed by July
Title: Broadcast Mid-Term Report. number 202–606–8181, e-mail to
14, 2006. See Section 1.4(b)(1) of the
Form Number: FCC Form 397. lstubbs@fmcs.gov or fax at (202) 606–
Commission’s rules (47 CFR 1.4(b)(1)).
Type of Review: Extension of a 3434.
Replies to an opposition must be filed
currently approved collection. within 10 days after the time for filing Federal Mediation Conciliation
Respondents: Business or other for- oppositions have expired. Service—Labor-Management
profit entities; Not-for-profit Subject: In the Matter of Cooperation Program; Application
institutions. Implementation of the Commercial Solicitation for Labor-Management
Number of Respondents: 4,300. Spectrum Enhancement Act and Committees FY 2006
Estimated Time per Response: 0.50 Modernization of the Commission’s
hours. A. Introduction
Competitive Bidding Rules and
Frequency of Response: Procedures (WT Docket No. 05–211). The following is the final Solicitation
Recordkeeping requirement; Mid-point Number of Petitions Filed: 3. for the Fiscal Year (FY) 2006 cycle of
reporting requirement. the Labor-Management Cooperation
Marlene H. Dortch,
Total Annual Burden: 269 hours. Program as it pertains to the support of
Secretary. labor-management committees. These
Total Annual Cost: None.
[FR Doc. 06–5823 Filed 6–28–06; 8:45 am] guidelines represent the continuing
Privacy Impact Assessment: No
impact(s). BILLING CODE 6712–01–P efforts of the Federal Mediation and
Needs and Uses: On November 7, Conciliation Service to implement the
2002, the FCC adopted a Second Report provisions of the Labor-Management
and Order and Third NPRM (Second FEDERAL MEDIATION AND Cooperation Act of 1978, which was
R&O), MM Docket No. 98–204, FCC 02– CONCILIATION SERVICE initially implemented in FY 1981. The
303, 68 FR 670 (2003), which Act authorizes FMCS to provide
Labor Management Cooperation Act of assistance in the establishment and
established new EEO rules and forms to
1978 (Pub. L. 95–524) operation of company/plant, area,
comply with the court’s decision in MD/
DC/DE Broadcasters Association v. FCC. AGENCY: Federal Mediation and public sector, and industry-wide labor-
The new rules adopt a new version of Conciliation Service. management committees which:
FCC Form 397. The new EEO rules also ACTION: Final Fiscal Year 2006, Program (A) Have been organized jointly by
ensure equal employment opportunity Guidelines/Application Solicitation for employers and labor organizations
in the broadcast and multi-channel Labor-Management Committees. representing employees in that
video program distribution industries company/plant, area, government
through outreach to the community in SUMMARY: The Federal Mediation and agency, or industry; and
recruitment and prevention of Conciliation Service (FMCS) is (B) Are established for the purpose of
employment discrimination. The new publishing a final Fiscal Year 2006 improving labor-management
version of FCC Form 397 is filed only Program Guidelines/Application relationships, job security, and
once at the mid-point of the eight-year Solicitation for the Labor-Management organizational effectiveness; enhancing
license term of television licensees, with Cooperation Program. The program is economic development; or involving
five or more full-time employees, and supported by Federal funds authorized workers in decisions affecting their
radio licensees, with eleven or more by the Labor-Management Cooperation working lives, including improving
full-time employees. Licensees must Act of 1978, subject to annual communication with respect to subjects
include copies of EEO reports that are appropriations. This solicitation of mutual interest and concern.
required to be placed in the licensees’ contains a change in the length of grants The Program Description and other
local public file for the prior two years. and the deadline for accepting sections that follow, as well as a
applications. FMCS reserves the right separately published FMCS Financial
Federal Communications Commission. under special conditions to award and Administrative Grants Manual,
jlentini on PROD1PC65 with NOTICES

Jacqueline R. Coles, supplemental (continuation) grants and make up the basic guidelines, criteria,
Associate Secretary, Agenda and Publications will accept applications beginning and program elements a potential
Group. August 1, 2006 and continue to do so applicant for assistance under this
[FR Doc. E6–10188 Filed 6–28–06; 8:45 am] until July 31, 2007 or until all Fiscal program must know in order to develop
BILLING CODE 6712–01–P Year 2006 grant funds are obligated. an application for funding consideration

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37076 Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices

for either a company/plant, area-wide, An industry committee generally committee’s efforts will have. Existing
industry, or public sector labor- consists of a collection of agencies or committees should focus on expansion
management committee. Directions for enterprises and related labor union(s) efforts/results expected from FMCS
obtaining an application kit may be producing a common product or service funding. The goals, objectives, and
found in Section H. A copy of the Labor- in the private sector on a local, state, projected impacts will become the
Management Cooperation Act of 1978, regional, or nationwide level. A public foundation for future monitoring and
included in the application kit, should sector committee consists of government evaluation efforts of the grantee, as well
be reviewed in conjunction with this employees and managers in one or more as the FMCS grants program.
solicitation. units of a local or state government, 3. Approach—This section of the
managers and employees of public application specifies how the goals and
B. Program Description institutions of higher education, or of objectives will be accomplished. At a
Objectives employees and managers of public minimum, the following elements must
elementary and secondary schools. be included in all grant applications:
The Labor-Management Cooperation (a) A discussion of the strategy the
Those employees must be covered by a
Act of 1978 identifies the following committee will employ to accomplish
formal collective bargaining agreement
seven general areas for which financial its goals and objectives;
or other enforceable labor-management
assistance would be appropriate: (b) A listing, by name and title, of all
agreement. In deciding whether an
(1) To improve communication existing or proposed members of the
application is for an area or industry
between representatives of labor and labor-management committee. The
committee, consideration should be
management; given to the above definitions as well as application should also offer a rationale
(2) To provide workers and employers for the selection of the committee
to the focus of the committee.
with opportunities to study and explore In FY2006, competition will be open members (e.g., members represent 70%
new and innovative joint approaches to to company/plant, area, private of the area or company/plant
achieving organizational effectiveness; industry, and public sector committees. workforce).
(3) To assist workers and employers Special consideration will be given to (c) A discussion of the number, type,
in solving problems of mutual concern committee applications involving and role of all committee staff persons.
not susceptible to resolution within the innovative or unique efforts. All Include proposed position descriptions
collective bargaining process; application budget requests should for all staff that will have to be hired as
(4) To study and explore ways of focus directly on supporting the well as resumes for staff already on
eliminating potential problems which committee. Applicants should avoid board; noting, that grant funds may not
reduce the competitiveness and inhibit seeking funds for activities that are be used to pay for existing employees;
the economic development of the clearly available under other Federal an assurance that grant funds will not be
company/plant, area, or industry; programs (e.g., job training, mediation of used to pay for existing employees;
(5) To enhance the involvement of contract disputes, etc.) (d) In addressing the proposed
workers in making decisions that affect approach, applicants must also present
their working lives; Required Program Elements their justification as to why Federal
(6) To expand and improve working 1. Problem Statement—The funds are needed to implement the
relationships between workers and application should have numbered proposed approach;
managers; and pages and discuss in detail what (e) A statement of how often the
(7) To encourage free collective specific problem(s) face the company/ committee will meet (we require
bargaining by establishing continuing plant, area, government, or industry and meetings at least every other month) as
mechanisms for communication its workforce that will be addressed by well as any plans to form subordinate
between employers and their employees the committee. Applicants must committees for particular purposes; and
through Federal assistance in the document the problem(s) using as much (f) For applications from existing
formation and operation of labor- relevant data as possible and discuss the committees, a discussion of past efforts
management committees. full range of impacts these problem(s) and accomplishments and how they
The primary objective of this program could have or are having on the would integrate with the proposed
is to encourage and support the company/plant, government, area, or expanded effort.
establishment and operation of joint industry. An industrial or economic 4. Major Milestones—This section
labor-management committees to carry profile of the area and workforce might must include an implementation plan
out specific objectives that meet the prove useful in explaining the that indicates what major steps,
aforementioned general criteria. The problem(s). This section basically operating activities, and objectives will
term ‘‘labor’’ refers to employees discusses why the effort is needed. be accomplished as well as a timetable
represented by a labor organization and 2. Results or Benefits Expected—By for when they will be finished. A
covered by a formal collective using specific goals and objectives, the milestone chart must be included that
bargaining agreement. These committees application must discuss in detail what indicates what specific
may be found at the plant (company), the labor-management committee will accomplishments (process and impact)
area, industry, or public sector levels. accomplish during the life of the grant. will be completed by month over the
A plant or company committee is Applications that promise to provide life of the grant using ‘‘month one’’ as
generally characterized as restricted to objectives after a grant is awarded will the start date. The accomplishment of
one or more organizational or receive little or no credit in this area. these tasks and objectives, as well as
productive units operated by a single While a goal of ‘‘improving problems and delays therein, will serve
employer. An area committee is communication between employers and as the basis for quarterly progress
generally composed of multiple employees’’ may suffice as one over-all reports to FMCS.
jlentini on PROD1PC65 with NOTICES

employers of diverse industries as well goal of a project, the objectives must, Applicants must prepare their budget
as multiple labor unions operating whenever possible, be expressed in narrative and milestone chart using a
within and focusing upon a particular specific and measurable terms. start date of ‘‘month one’’ and an end
city, county, contiguous multicounty, or Applicants should focus on the date of ‘‘month twelve’’ or ‘‘month
statewide jurisdiction. outcome, impacts or changes that the eighteen’’, as appropriate. Thus, if

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Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices 37077

applicant is seeking a twelve month from grant project can be no more than organization is the improvement of
grant, use figures reflecting month one $950 for an eight-hour-day. The day labor relations are eligible to apply.
through twelve. If applicant is seeking includes preparation, evaluation and However, all funding must be directed
an eighteen month grant, use figures travel time. Also, time and effort records to the functioning of the labor-
reflecting month one through eighteen. must be maintained. management committee, and all
If the grant application is funded; FMCS requirements under Part B must be
will identify the start and end date of Selection Criteria followed. Applications from third-party
the grant on the Application for Federal The following criteria will be used in entities must document particularly
Assistance (SF–424) form. the scoring and selection of applications strong support and participation from
5. Evaluation—Applicants must for award: all labor and management parties with
provide for either an external evaluation (1) The extent to which the whom the applicant will be working.
or an internal assessment of the project’s application has clearly identified the Applications from third-parties which
success in meeting its goals and problems and justified the needs that do not directly support the operation of
objectives. An evaluation plan must be the proposed project will address. a new or expanded committee will not
developed which briefly discusses what (2) The degree to which appropriate be deemed eligible, nor will
basic questions or issues the assessment and measurable goals and objectives applications signed by entities such as
will examine and what baseline data the have been developed to address the law firms or other third-parties failing to
committee staff already has or will problems/needs of the applicant. meet the above criteria.
gather for the assessment. This section (3) The feasibility of the approach Successful grantees will be bound by
should be written with the application’s proposed to attain the goals and OMB Circular 110 i.e. ‘‘contractors that
own goals and objectives clearly in objectives of the project and the develop or draft specifications,
mind and the impacts or changes that perceived likelihood of accomplishing requirements, statements of work, and
the effort is expected to cause. the intended project results. This invitations for bids and/or requests for
6. Letters of Commitment— section will also address the degree of proposals shall be excluded (emphasis
Applications must include current innovativeness or uniqueness of the added from competing for such
letters of commitment from all proposed proposed effort. procurements).
or existing committee participants and (4) The appropriateness of committee Applicants who received funding
chairpersons. These letters should membership and the degree of under this program in the last 6 years
indicate that the participants support commitment of these individuals to the for committee operations are not eligible
the application and will attend goals of the application as indicated in to re-apply. The only exception will be
scheduled committee meetings. A the letters of support. made for grantees that seek funds on
blanket letter signed by a committee (5) The feasibility and thoroughness behalf of an entirely different committee
chairperson or other official on behalf of of the implementation plan in whose efforts are totally outside of the
all members is not acceptable. We specifying major milestones and target scope of the original grant.
encourage the use of individual letters dates.
( 6 ) The cost effectiveness and fiscal D. Allocations
submitted on company or union
letterhead represented by the soundness of the application’s budget The FY2006 appropriation for this
individual. The letters should match the request, as well as the application’s program is $396,000. The Grant Review
names provided under Section 3(b). feasibility vis-a-vis its goals and Board will review submissions and
7. Other Requirements—Applicants approach. make recommendations for awards
are also responsible for the following: (7) The overall feasibility of the based on merit without regard to
(a) The submission of data indicating proposed project in light of all of the category.
approximately how many employees information presented for consideration; In addition, to the competitive
will be covered or represented through and process identified in the preceding
the labor-management committee; (8) The value to the government of the paragraph, FMCS will subject to funds
(b) From existing committees, a copy application in light of the overall availability, set aside a sum not to
of the existing staffing levels, a copy of objectives of the Labor-Management exceed thirty percent of its non-reserved
the by-laws (if any), a breakout of Cooperation Act of 1978. This includes appropriation to be awarded on a non-
annual operating costs and such factors as innovativeness, site competitive basis. These funds will be
identification of all sources and levels of location, cost, and other qualities that used only to support applications that
current financial support; impact upon an applicant’s value in have been solicited by the Director of
(c) A detailed budget narrative that encouraging the labor-management the Service and are not subject to the
clearly identifies each line item and the committee concept. dollar range noted in Section E. All
estimated cost (a complete breakdown funds returned to FMCS from a
C. Eligibility
of each line item) based on policies and competitive grant award may be
procedures contained in the FMCS Eligible grantees include state and awarded on a non-competitive basis in
Financial and Administrative Grants local units of government, labor- accordance with budgetary
Manual; management committees (or a labor requirements.
(d) An assurance that the labor- union, management association, or FMCS reserves the right to retain up
management committee will not company on behalf of a committee that to five percent of the FY2006
interfere with any collective bargaining will be created through the grant), and appropriation to contract for program
agreements; certain third-party private non-profit support purposes (such as evaluation)
(e) An assurance that committee entities on behalf of one or more other than administration.
meetings will be held at least every committees to be created through the
jlentini on PROD1PC65 with NOTICES

other month and that written minutes of grant. Federal government agencies and E. Dollar Range and Length of Grants
all committee meetings will be prepared their employees are not eligible. Awards to expand existing or
and made available to FMCS; and Third-party private, non-profit establish new labor-management
(f) An assurance that the maximum entities that can document that a major committees will be for a period of up to
rate for an individual consultant paid purpose or function of their 18 months. If successful progress is

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37078 Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices

made during this initial budget period will not be allowed to claim all or a notified of results and all grant awards
and all grant funds are not obligated portion of existing full-time staff as an will be made by September 30, 2007.
within the specified period, these grants expense or match contribution. For a Applications that fail to adhere to
may be extended for up to six months. more complete discussion of cost eligibility or other major requirements
The dollar range of awards is as follows: allowability, applicants are encouraged will be administratively rejected by the
—Up to $65,000 over a period of up to to consult the FY2006 FMCS Financial Director or their designee.
18 months for company/plant and Administrative Grants Manual,
which will be included in the H. Contact
committees or single department
public sector applicants; application kit. Individuals wishing to apply for
—Up to $125,000 per 18-month period funding under this program should
G. Application Submission and Review
for area, industry, and multi- contact the Federal Mediation and
Process
department public sector committee Conciliation Service as soon as possible
applicants. The Application for Federal to obtain an application kit. Please
Assistance (SF–424) form must be consult the FMCS Web site (http://
Additionally, FMCS reserves the right signed by both a labor and management www.fmcs.gov) to download forms and
under special conditions to award representative. In lieu of signing the SF– information. These kits and additional
supplemental (continuation) grants 424 form, representatives may type their information or clarification can be
subject to funds availability. If awarded name, title, and organization on plain obtained free of charge by contacting the
the additional amount is added to the bond paper with a signature line signed Federal Mediation and Conciliation
current grant amount. and dated, in accordance with block 18 Service, Labor-Management Grants
Applicants are reminded that these of the SF–424 form. The individual Program, 2100 K Street, NW.,
figures represent maximum Federal listed as contact person in block 6 on Washington, DC 20427, Linda Stubbs at
funds only. If total costs to accomplish the application form will generally be (202) 606–8181 (lstubbs@fmcs.gov).
the objectives of the application exceed the only person with whom FMCS will Additionally, we are currently
the maximum allowable Federal communicate during the application accepting applications for FY2005 grant
funding level and its required grantee review process. Please be sure that cycle and will do so until July 31, 2006
match, applicants may supplement person is available once the application or until all FY2005 funding has been
these funds through voluntary has been submitted. Additionally, it is obligated. Please consult the FMCS Web
contributions from other sources. the applicant’s responsibility to notify site (http://www.fmcs.gov) to download
Applicants are also strongly encouraged FMCS in writing of any changes (e.g. if forms and information.
to consult with their local or regional the address or contact person has
FMCS field office to determine what changed). Fran Leonard,
kinds of training may be available at no We will accept applications beginning Director, Budget and Finance, Federal
cost before budgeting for such training August 1, 2006, and continue to do so Mediation and Conciliation Service.
in their applications. A list of our field until July 31, 2007, or until all FY 2006 [FR Doc. 06–5831 Filed 6–28–06; 8:45 am]
leadership team and their phone grant funds are obligated. Awards will BILLING CODE 6732–01–P
numbers may be obtained from the be made by September 30, 2007.
FMCS web site (http://www.fmcs.gov) Proposals may be accepted at any time
under ‘‘Who We Are.’’ between August 1, 2006 and July 31, FEDERAL RESERVE SYSTEM
2007, but proposals received late in the
F. Cash Match Requirements and Cost
cycle have a greater risk of not being Formations of, Acquisitions by, and
Allowability
funded due to unavailability of funds. Mergers of Bank Holding Companies
All applicants must provide at least Once your application has been
10 percent of the total allowable project received and acknowledged by FMCS, The companies listed in this notice
costs in cash. Matching funds may come no applications or supplementary have applied to the Board for approval,
from state or local government sources materials will be accepted thereafter. pursuant to the Bank Holding Company
or private sector contributions, but may Applicants are highly advised to contact Act of 1956 (12 U.S.C. 1841 et seq.)
generally not include other Federal the grants director prior to committing (BHC Act), Regulation Y (12 CFR Part
funds. Funds generated by grant- any resources to the preparation of a 225), and all other applicable statutes
supported efforts are considered proposal. and regulations to become a bank
‘‘project income,’’ and may not be used An original application containing holding company and/or to acquire the
for matching purposes. numbered pages, plus three copies, assets or the ownership of, control of, or
It is the policy of this program to should be addressed to the Federal the power to vote shares of a bank or
reject all requests for indirect or Mediation and Conciliation Service, bank holding company and all of the
overhead costs as well as ‘‘in-kind’’ Labor-Management Grants Program, banks and nonbanking companies
match contributions. In addition, grant 2100 K Street, NW., Washington, DC owned by the bank holding company,
funds must not be used to supplant 20427. FMCS will not consider including the companies listed below.
private or local/state government funds videotaped submissions or video The applications listed below, as well
currently spent for committee purposes. attachments to submissions. FMCS will as other related filings required by the
Funding requests from existing confirm receipt of all applications Board, are available for immediate
committees should focus entirely on the within 10 days thereof. inspection at the Federal Reserve Bank
costs associated with the expansion All eligible applications will be indicated. The application also will be
efforts. Also, under no circumstances reviewed and scored by a Grant Review available for inspection at the offices of
may business or labor officials Board. The Board(s) will recommend the Board of Governors. Interested
jlentini on PROD1PC65 with NOTICES

participating on a labor-management selected applications for rejection or persons may express their views in
committee be compensated out of grant further funding consideration. The writing on the standards enumerated in
funds for time spent at committee Director or their designee will finalize the BHC Act (12 U.S.C. 1842(c)). If the
meetings or time spent in committee the scoring and selection process. All proposal also involves the acquisition of
training sessions. Applicants generally FY 2006 grant applicants will be a nonbanking company, the review also

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