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had/or receive, as applicable, under this
Agreement.
10. Notices. All notices, requests, claims,
demands and other communications
hereunder shall be deemed to have been duly
given when delivered in person, by fax,
telecopy, or by registered or certified mail
(postage prepaid, return receipt requested) at
the address set forth on the signature page
hereto.
11. Governing Law. This Agreement shall
be governed by and construed in accordance
with the laws of the State of Delaware
applicable to contracts made and to be
performed entirely in that State and without
regard to any of its conflicts of law principles
which could result in the application of the
laws of another jurisdiction.
12. Counterparts. This Agreement may be
executed in multiple counterparts, each of
which shall be deemed to be an original, but
all of which shall constitute one and the
same agreement. This Agreement may be
executed by facsimile signature, which shall
constitute a legal and valid signature for all
purposes hereof. This Agreement shall not be
effective until counterparts executed by
AFLP and DFA have been delivered to each
of them.
13. Costs. Except as otherwise expressly
provided for herein, each of the parties
hereto shall bear and pay all costs and
expenses incurred by it or on its behalf in
connection with the transactions
contemplated hereunder, including fees and
expenses of its accountants and counsel.
14. Additional Documents. In the event of
the exercise of the Option by DFA, DFA and
AFLP agree to execute and deliver all other
documents and instruments and take all
other action that may be reasonably
requested in writing by the other party hereto
in order to consummate the transactions
provided for by such exercise and to
effectuate the intents of this Agreement, but
not including any indemnities, warranties,
representations or similar covenants other
than with respect to good title to the AFLP
interests to be assigned and transferred.
In Witness Whereof, each of the parties has
caused this Agreement to be executed
individually or on its behalf by its officers
thereunto duly authorized, all as of the date
first above written.
ALLEN FAMILY LIMITED PARTNERSHIP
By: /s/ Robert W. Allen.
Name: Robert W. Allen.
Title: General Partner, 2400 Ballybunion
Road, Center Valley, Pennsylvania 18034.
DAIRY FARMERS OF AMERICA, INC.

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By: /s/ David A. Geisler.
Name: David A. Geisler.
Title: Senior Vice-President/Legal, 10220
North Ambassador Drive, Kansas City,
Missouri 64153.
Acknowledgement and Consent
The undersigned specifically
acknowledges and consents to the
transactions as set forth in the Agreement
and will cooperate to effectuate the
consummation of said transactions insofar as
legally necessary and reasonably appropriate.

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MID–AM CAPITAL, L.L.C.
By: Dairy Farmers of America, Inc., as sole
manager.
By: /s/ David G. Meyer.
Name: David G. Meyer.
Title: Senior Vice President/Finance.
[FR Doc. 06–8795 Filed 11–3–06; 8:45 am]
BILLING CODE 4410–11–M

DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
October 31, 2006.

The Department of Labor (DOL) has
submitted the following public
information collection request (ICR) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. Chapter 35). A copy of this
ICR, with applicable supporting
documentation, may be obtained by
calling the Department of Labor. A copy
of this ICR, with applicable supporting
documentation, may be obtained at
http://www.reginfo.gov/public/do/
PRAMain, or contact Ira Mills on 202–
693–4122 (this is not a toll-free number)
or e-mail: [email protected].
In July 2004, ETA solicited comments
from the general public on the
establishment of a single, streamlined
reporting and recordkeeping system,
formally called the ETA Management
Information and Longitudinal
Evaluation (EMILE) reporting system.
The notice of 60-day public comment on
the proposed EMILE reporting system
was published in the Federal Register
on July 16, 2004 (Vol. 69, No. 136, pages
42777–42779). The proposed EMILE
reporting system was designed to
streamline 12 ETA program reporting
systems into one comprehensive
reporting structure that would allow for
consistent, comparable analysis across
ETA funded employment and training
programs, using the definitions for a set
of common performance measures
initially specified in Training and
Employment Guidance Letter (TEGL)
15–03, Common Measures Policy, and
subsequently revised by TEGL 17–05,
Common Measures Policy for the
Employment and Training
Administration’s (ETA) Performance
Accountability System and Related
Performance Issues.
ETA received comments from 161
unique entities, including state
workforce agencies and boards, local
workforce investment areas, non-profit
organizations and national associations,

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Native American and other tribal
organizations, public interest and
advocacy groups, and other private
citizens and stakeholders. Due to the
large volume of comments submitted by
each entity, ETA worked during
calendar year 2005 to organize and
analyze the public comments, make
appropriate revisions to agency policy
guidance on the common measures, and
assess the feasibility of implementing
the proposed EMILE reporting
requirements in several States.
ETA has reconciled the public
comments and made appropriate
revisions to the original EMILE
proposal, which has been re-named to
the Workforce Investment Streamlined
Performance Reporting (WISPR) system.
This revised proposal will replace the
current quarterly reporting requirements
of the following seven ETA activities:
Wagner-Peyser Act, Veterans
Employment and Training Service, the
Workforce Investment Act (WIA) Adult,
WIA Dislocated Worker, WIA Youth,
and Trade Adjustment Assistance Act
programs, and National Emergency
Grants.
The Department is seeking or has
already received separate OMB
clearances on revisions to the following
program reporting systems to
incorporate standardized data collection
necessary to implement a set of common
performance measures: National Farm
Worker Jobs Program, Indian and Native
American Program, Senior Community
Service and Employment Program, and
entities receiving H–1B Technical Skills
Training or Responsible Reintegration of
Youthful Offenders grants. These
programs will continue to report
separately, and the data elements
collected for these programs have been
aligned, to the extent practicable, with
those in the proposed WISPR System.
The decision to not include these
programs in the WISPR System was
based on concerns about burden (time
and resources) expressed by many
commenters.
While the proposed WISPR System
represents a comprehensive data
collection and reporting approach, it is
important to note that every effort has
been made to establish common data
definitions and formats with minimum
burden to grantees. At its foundation,
the proposed WISPR System organizes
customer information that is maintained
by states in order to run their day-to-day
operations, and includes a minimum
level of information collection that is
necessary to comply with Equal
Opportunity requirements, hold states
and grantees appropriately accountable
for the Federal funds they receive, and
allow the Department to fulfill its

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oversight and management
responsibilities. The WISPR System
proposal does build on revisions in state
data collection approved by OMB in
early 2006 to implement the common
performance measures. In some cases,
additional data collection requirements
are included for Federal oversight or to
comply with existing statutory
requirements, and these are also
included in the proposed WISPR
System.
The WISPR System features a set of
aggregate quarterly reports for capturing
services to employer and job seeker
customers, including a special aggregate
report on services to the nation’s eligible
veterans and transitioning service
members. A standardized set of
participant data that includes
information on demographics, types of
services received, and performance
outcomes based on a set of common
measures defined consistently across
programs is a key component of this
proposed reporting system. The WISPR
System will be used to respond more
quickly and effectively to the
management information needs of
Congress, the Administration and the
general public.
The WISPR System will ensure there
is consistency across all ETA formulafunded state programs so all programs
are evaluated using the same criteria.
When job seeker and employer data are
collected, maintained and reported
consistently and accurately at a basic
level (e.g., grantee field office or OneStop Career Center), data can be
aggregated from each program and
reported to higher levels with greater
confidence that the data are comparable
from customer to customer, from
program to program, and from year to
year. The WISPR System also
incorporates provisions to ensure the
integrity of reported data, and resolve
data collection and reliability issues
raised by OIG and GAO regarding the
Department’s ability to accurately
evaluate program performance.
Proposed Changes
To address concerns expressed in the
public comments about reporting
burden (time and financial resources),
the following changes are proposed in
the WISPR System:
• The EMILE requirement to submit
quarterly individual records on
employer customers has been
eliminated and replaced with an
aggregate quarterly report (ETA Form
9131). Information contained on the
employer report will provide a more
complete picture of the total impact of
the One-Stop system by including the
characteristics of employers served and

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the type and frequency of services being
delivered;
• The EMILE requirement to submit
quarterly participant and exiter records
has been eliminated and replaced with
the requirement for states to submit
quarterly records on exiters only;
• In the absence of quarterly
participant records, the EMILE quarterly
workforce investment performance
report has been modified to include data
collection on participant counts by key
demographics and the types of adult
and youth services received (ETA Form
9132). This uniform report format will
facilitate consistent performance
calculations and focus on the core
functions of the workforce system:
employment for adults and skills for
youth; and
• Data collection requirements for job
seeker customers has been substantially
reduced compared to the original EMILE
individual record to address public
concerns regarding the amount of data
to be collected and reported and align
with recent changes approved by OMB.
Additionally, a special report is
proposed to capture service information
for participants who are eligible
veterans and transitioning service
members, to comply with reporting
requirements for the Jobs for Veterans
grants (ETA Form 9133).
To address public concerns regarding
the submission of integrated reports,
states will be given a range of options
for submitting separate quarterly reports
and records depending on how the state
administers the workforce programs
covered by the reporting system. This
additional flexibility for submitting
performance information to the
Department will be available during the
first two years of WISPR System
implementation. Also, the collection of
quarterly customer satisfaction reports
for the WIA and Wagner-Peyser Act
programs are not included in the WISPR
System to reflect recent OMB notices of
action to discontinue this information
collection.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for U.S.
Department of Labor/Employment and
Training Administration (ETA), Office
of Management and Budget, Room
10235, Washington, DC 20503, 202–
395–7316 (this is not a toll free number),
within 45 days from the date of this
publication in the Federal Register.
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including

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whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility and
clarity of the information to be
collected; and
• 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,
e.g., permitting electronic submission of
responses.
Agency: Employment and Training
Administration.
Type of Review: New.
Title: Workforce Investment
Streamlined Performance Reporting
(WISPR) System.
OMB Number: 1205—0NEW.
Frequency: Quarterly.
Affected Public: State and Local
Governments.
Type of Response: Recordkeeping;
Reporting.
Number of Respondents: 54.
Annual Responses: 2,376.
Average Response time: 376 hours per
State.
Total Annual Burden Hours: 813,241.
Total Annualized Capital/Startup
Costs: 0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): 0.
Description: Respondents are State
governments. This reporting and
recordkeeping system features a set of
aggregate reports for capturing services
to employers and job seeker customers,
including a special aggregate report on
services to the nation’s eligible veterans
and transitioning service members.
Selected standardized participant data
that includes information on
demographics, types of services
received, and performance outcomes
based on a set of common measures will
also be collected and reported for the
purposes of general program oversight,
evaluation, and performance assessment
of the WIA, Wagner-Peyser, Veterans
Employment and Training Service, and
Trade Adjustment Assistance programs,
and National Emergency Grants.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. E6–18605 Filed 11–3–06; 8:45 am]
BILLING CODE 4510–30–P

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