9392 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

listed in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. For more 

information or request for sign language 

interpretation and/other auxiliary aids, 

please contact Mr. Miguel A. Rolon, 

Executive Director, Caribbean Fishery 

Management Council, 268 Munoz 

Rivera Avenue, Suite 1108, San Juan, 

Puerto Rico 00918–1920, telephone: 

(787) 766–5926, at least 5 days prior to 

the meeting date. 

Dated: February 25, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4297 Filed 3–1–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU75 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) 

Groundfish Committee will meet to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The two-day meeting will be 

held on March 30, 2010 and March 31, 

2010. 

ADDRESSES: The meeting will be held at 

the Eastland Park Hotel, 157 High 

Street, Portland, ME 04101; telephone: 

(207) 775–5411; fax: (207) 775–2872. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee’s agenda 

are as follows: 

1. Tuesday, March 30, 2010 beginning 

at 9:30 a.m. 

The Herring Committee will continue 

development of catch monitoring 

alternatives for inclusion in 

Amendment 5 to the Atlantic Herring 

Fishery Management Plan (FMP); 

alternatives may include management 

measures to: improve quota monitoring 

and reporting; standardize/certify 

volumetric measurements of catch; 

address vessel-to-vessel transfers of 

Atlantic herring; address requirements 

for catch monitoring and control 

plans(CMCPs); address maximized 

retention; maximize sampling and 

address net slippage; address at-sea 

monitoring; address dockside 

monitoring; require electronic 

monitoring; and address other elements 

of catch monitoring in the Atlantic 

herring fishery. 

2. Wednesday, March 31, 2010 

beginning at 9 a.m 

The Committee will continue the 

agenda from the previous day - 

development of catch monitoring 

alternatives for inclusion in 

Amendment 5 to the Atlantic Herring 

FMP. They will discuss issues related to 

timing of next benchmark stock 

assessment for Atlantic herring and 

develop a Committee recommendation 

for Council consideration. They will 

also address other elements of 

Amendment 5 as time permits. Other 

business may also be discussed. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Paul 

J. Howard (see ADDRESSES) at least 5 

days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 25, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4298 Filed 3–1–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

RIN 0693–ZA95 

[Docket No.: 100201057–0059–01] 

National Institute of Standards and 

Technology Construction Grant 

Program 

AGENCY: National Institute of Standards 

and Technology (NIST), Department of 

Commerce. 

ACTION: Notice of availability of funds. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) 

announces that it is holding a 

competition for the NIST Construction 

Grant Program, and is soliciting 

proposals for financial assistance for FY 

2010. The goals and objectives of the 

program are to provide competitively 

awarded grant funds for research 

science buildings through the 

construction of new buildings or 

expansion of existing buildings. 

DATES: A Letter of Intent (Form NIST– 

1102) is required and must be received 

no later than 3 p.m. Eastern Time, 

Monday, March 29, 2010. The 

corresponding full proposal must be 

received no later than 3 p.m. Eastern 

Time, Monday, April 26, 2010. Review, 

selection, and grant award processing is 

expected to be completed in September 

2010. 

ADDRESSES: Letters of Intent may only 

be submitted by paper to: National 

Institute of Standards and Technology; 

Construction Grant Program; 100 Bureau 

Drive, Stop 4701; Gaithersburg, MD 

20899–4701; Attn: Anneke Tingle— 

301–975–5060. The corresponding full 

proposals may be submitted by paper or 

electronically. Paper Submissions: 

National Institute of Standards and 

Technology; Construction Grant 

Program; 100 Bureau Drive, Stop 4701; 

Gaithersburg, MD 20899–4701; Attn: 

Anneke Tingle—301–975–5060. 

Electronic submissions: http:// 

www.grants.gov. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Lambis at 301–975–4447 or by 

e-mail at barbara.lambis@nist.gov. 

SUPPLEMENTARY INFORMATION: 

Additional Information. The full 

Federal Funding Opportunity (FFO) 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9393 

announcement for this request for 

proposals contains detailed information 

and requirements for the program. 

Applicants are strongly encouraged to 

read the FFO announcement in 

developing proposals. The full FFO 

announcement is available at http:// 

www.grants.gov and on the NIST Web 

site at http://www.nist.gov/director/ 

ncgp/. 

Statutory Authority. The statutory 

authority for this program is the 

Omnibus Appropriations Act, 2009 

(Pub. L. 111–8) and Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117). 

CFDA. 11.618, NIST Construction 

Grant Program. 

Program Description. The Omnibus 

Appropriations Act, 2009 (Pub. L. 111– 

8) appropriated $30 million to NIST ‘‘for 

a competitive construction grant 

program for research science buildings. 

Additional information on the program 

provided in an Explanatory Statement 

published in the Congressional Record 

(which serves as the Conference Report) 

indicates that Congress intended to 

provide NIST $30,000,000 for 

competitive construction grants for 

research science buildings. (See 155 

Cong. Rec. H1735 (daily ed. Feb. 23, 

2009).) The statement also indicates that 

‘‘grants shall be awarded to colleges, 

universities, and non-profit science 

research organizations on a merit basis. 

Additionally, the Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117) appropriated an additional $20 

million to NIST for a competitive 

construction grant program for research 

science buildings. 

Pursuant to the statutory authorities 

cited above and in consideration of the 

legislative history, NIST publishes this 

notice to set forth the program goals and 

objectives, and to solicit Letters of Intent 

and full proposals for the NIST 

Construction Grant Program. The goals 

and objectives of the program are to 

provide competitively awarded grant 

funds for research science buildings 

through the construction of new 

buildings or expansion of existing 

buildings. For purposes of this program, 

‘‘research science building’’ means a 

building or facility whose purpose is for 

the conduct of scientific research, 

including laboratories, test facilities, 

measurement facilities, research 

computing facilities, and observatories. 

In addition, ‘‘expansion of existing 

buildings’’ means that space to conduct 

scientific research is being expanded 

from what is currently available for the 

supported research activities. NIST 

seeks proposals that successfully 

address the evaluation criteria below. 

Unallowable/Ineligible Projects 

The following projects are 

unallowable/ineligible under this 

program: 

1. Projects to construct or expand a 

building not intended for performing 

research or that will predominately be 

equipped with routine office equipment 

and/or lecture/class room furnishings. 

2. Projects to construct facilities that 

will primarily benefit undergraduate 

research training programs, rather than 

the creation of new graduate level 

research programs, or expanding 

existing graduate level research 

programs. 

3. Projects to construct facilities that 

will primarily benefit the education of 

the general public rather than support 

research activities. 

4. Projects that include tasks for 

constructing shell space that will not be 

completed into research space within 

the grant will have these tasks removed. 

Unallowable/Ineligible Costs 

The following items, regardless of 

whether they are allowable under the 

Federal cost principles, are unallowable 

under this program and may not be used 

as cost sharing: 

1. Ancillary Structures, rights-of-way 

surveys, appraisals, etc. 

2. Costs or charges associated with 

routine maintenance, or operation of the 

facility. 

3. Equipment used for research or 

otherwise that is not an integral part of 

the building’s structure, e.g., table top 

equipment, portable air conditioners, 

etc. Equipment that is an integral part of 

the building such as fume hoods, HVAC 

equipment, built-in autoclave, etc., is 

allowable. 

4. Furniture other than fixed 

laboratory casework. 

5. Interior decorating. 

6. Landscaping or other 

improvements exterior to the footprint 

of the building, unless required for its 

operation. 

7. Purchase of land. 

8. Relocation expenses. 

9. Safety equipment items, e.g., fire 

extinguishers, first-aid kits, etc. Built-in 

safety items, e.g., eye wash stations or 

chemical showers, however, are fixed 

items and are allowable. 

10. Storage costs. 

11. Telephone and/or network 

equipment, e.g., servers, storage, racks, 

etc., however, IT and telephone cabling 

and wiring installed during construction 

is allowable. 

12. Training, unless related to 

regulatory compliance for construction. 

Funding Availability. Up to $50 

million is available for new grants for 

the FY 2010 competition. NIST 

anticipates funding three to five projects 

with Federal shares in the $10 million— 

$15 million range with a project period 

of performance of up to five (5) years, 

although there is an expectation that 

most of the projects will be completed 

prior to five years. The anticipated start 

date will be one month after the award 

is made. The period of performance 

depends on the construction schedule 

proposed. 

Eligibility Criteria. U.S. institutions of 

higher education and non-profit 

organizations are eligible to apply. 

Restrictions on Submission of Letters of 

Intent and Full Proposals and on 

Proposal Funding 

Each applicant organization may 

submit only two Letters of Intent (form 

NIST–1102), in response to this 

solicitation, and two corresponding full 

proposals. If more than two Letters of 

Intent are received from the same 

applicant organization, NIST will 

acknowledge receipt of each and 

provide notice that if more than two full 

proposals are received from the same 

applicant organization at the time of full 

proposal submission, all full proposals 

from that same applicant organization 

will be rejected and returned without 

review. A full proposal may not be 

submitted unless NIST has received the 

required Letter of Intent by the deadline 

and the applicant has received an 

acknowledgement letter from NIST. If a 

full proposal is submitted to NIST from 

an applicant who did not submit the 

required Letter of Intent for their full 

proposal, the full proposal will be 

rejected and returned to the applicant 

without review. Although each 

applicant organization may submit two 

full proposals, only one full proposal 

project from each applicant organization 

may be funded. 

Institutions of Higher Education 

Status as Single or Multiple Applicants: 

Large, multi-campus academic systems 

usually have distinct campuses with 

their own chancellors, student 

admissions, and separate research or 

research training activities. Such a 

campus, which exists as a separate 

university, with its own student 

programs and degrees, qualifies as a 

separate entity for the purpose of 

submitting a Letter of Intent and 

corresponding full proposal. 

If a university includes multiple 

colleges of study, whether located in the 

institution’s main campus or located 

some miles from the main university 

campus on a physically distinct 

campus, they are not considered 

separate entities. Campuses in a multicampus situation may submit 

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independent proposals if they are part 

of a multi-campus system, such as a 

state university system or state 

community college system, and have 

independent administrative structures 

typical of universities or community 

colleges. Campuses headed by 

Department Heads, Deans, Center 

Directors or other administrators at 

similar levels are not eligible to submit 

an independent proposal. 

If a university established a Research 

Foundation specifically to promote, 

encourage and provide assistance to the 

research activities of the university, and 

the Research Foundation is a separate 

non-profit science research 

organization, is incorporated under 

State laws and regulations, and is led by 

a separate governing board and 

committees, it still supports the 

activities of the university and cannot 

be considered an organization with 

interests distinct from the university. It 

has no students or faculty of its own, 

separate from the university. 

Accordingly, research proposals 

submitted by the Research Foundation 

will count toward the institutional 

proposal limit. 

Use of NIST–1102, Letter of Intent. A 

‘‘letter of intent’’ may only be submitted 

using the mandatory form NIST–1102, 

Letter of Intent. If a ‘‘letter of intent’’ is 

submitted in other than the required 

form NIST–1102, Letter of Intent, the 

applicant will NOT be eligible to submit 

a corresponding full proposal. 

Additionally, failure to provide all 

required information on the NIST–1102, 

Letter of Intent, may result in the 

applicant being ineligible to submit a 

corresponding full proposal. 

Cost Sharing Requirements. This 

program requires a cost share of at least 

20 percent of the yearly total project 

costs. 

Evaluation Criteria. The evaluation 

criteria that will be used in evaluating 

proposals are as follows: 

1. Scientific and technical merit of the 

proposed use of the facility and the 

need for Federal funding (50 percent). 

This criterion addresses the 

intellectual merit and broader impacts 

of the proposed use of the facility; the 

strategic research directions planned 

with the facility and how well the plan 

is conceived and organized; what the 

facility will enable in terms of the 

advancement of knowledge and 

understanding within a specific field(s) 

or across different fields; the 

qualifications of the proposed key 

researchers (individuals or teams) 

which will use the facility, as well as 

the management team that will lead 

them; the potential for targeted impacts 

resulting from the use of the facility that 

are unlikely to be achieved with the 

current infrastructure, such as what 

transformative or creative concepts may 

expand the science and technology 

knowledge base; the extent to which the 

facility will enhance collaborations 

within and outside of the institution; 

and the need for Federal funding due to 

a lack of alternative funding sources, 

specifically what other sources were 

pursued. 

2. The quality of the design of the 

research science building (25 percent). 

This criterion addresses the quality of 

the design information provided for the 

building/facility to establish that the 

design has the ability to meet the safety, 

physical, environmental, experimental/ 

research (e.g. unique environmental 

controls—vibration, humidity 

temperature etc.), and operational (e.g. 

utilities and circulation of people) 

requirements of the science and 

technology activities the building/ 

facility is expected to support. It also 

addresses whether or not preliminary 

drawings and plans, together with 

appropriate estimates, of in-house or 

vendor costs, are complete, in progress, 

or planned. Furthermore, it addresses 

the rationale for and summary 

specifications of the building/facility, 

including location, size, configuration, 

environmental controls for research 

space, utility needs, gross and/or 

assignable square footage, assignments 

of square footage to research and nonresearch related activities (e.g., routine 

administrative office space, conference 

rooms, classrooms, etc.), and the 

assigned purpose by areas. Finally, this 

criterion addresses the incorporation of 

green/sustainable design features in the 

project. 

3. Adequacy of the detailed Project 

Management Plan (PMP) for 

construction of the research science 

building/facility (25 percent). The 

program will evaluate the following four 

aspects of the PMP, which do not vary 

in importance: 

a. Project Scope and Requirements 

This aspect of the PMP addresses the 

description and organization of project 

work packages (project tasks/elements) 

in a clear and complete Work/task 

Breakdown Structure (WBS) approach 

that comprises the total scope of the 

building/facility project from inception 

through commissioning of the facility, 

including descriptions of each work 

package and its associated subtasks, the 

relationship between the work packages 

and their associated subtasks, 

consolidated into a unified project 

scope description that will be used by 

project management key personnel 

throughout the project management lifecycle to identify and monitor project 

progress, as well as link and track work 

packages and subtasks to the budget and 

schedule plans addressed in c.(2) below. 

In addition, this criterion addresses 

which work packages are proposed to be 

within, before, or after the project 

period. The project period covers only 

the Federal and the allowable auditable 

cost sharing portion of the project. 

b. Adequacy of the Proposed Project 

Time Schedule and Linkage to the 

Budget, Including the Clarity of the 

Budget and the Budget Narrative 

This aspect of the PMP addresses the 

time schedule for implementing the 

work packages and associated subtasks 

described within the WBS addressed in 

c.(1) above, and how the budget costs 

associated with the work packages 

correctly sum up to each of the cost 

categories of the SF–424C by project 

year. 

c. Capability To Manage the Project 

This aspect of the PMP addresses the 

approach planned for project 

management monitoring and risk 

control during the life of the award, 

from kick-off through close-out, which 

may include tools, techniques and 

processes (manual and automated 

systems). It also addresses an analysis of 

potential project risks (e.g. timing, cost 

and/or scope changes), where in the 

schedule risk(s) may be expected, and 

how the risk(s) may be mitigated 

through specific control mechanisms, 

and the planning/control decision 

making process to implement the 

control mechanisms. Finally, it 

addresses the management plan for 

direction and implementation of the 

project, including capability 

descriptions of the performing 

organizations and experience 

summaries for the manager with 

fiduciary project responsibility, the 

project manager, and other key project 

personnel as appropriate. 

d. Soundness of the Financial 

Commitments To Implement the PMP 

This aspect of the PMP addresses the 

current and any pending commitments 

required for the building/facility to be 

constructed, commissioned and become 

fully operational, including any risk(s) 

associated with finalizing funding 

commitments and the organizational 

name/contact that has the fiduciary 

authority over the funding 

commitments. 

Selection Process 

1. Letter of Intent—Form NIST–1102. 

An initial administrative review of 

timely received letters of intent will be 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9395 

conducted to determine compliance 

with requirements and completeness. 

NIST will send an acknowledgement 

letter to all applicants who timely 

submit a Letter of Intent with results of 

the review. It is expected that the Letter 

of Intent will be reviewed for eligibility 

of the proposed applicant and proposed 

project, and whether or not the 

scientific research to be performed in 

the building/facility will complement 

one or more programs of DoC’s three 

science organizations’ Program 

Priorities. (See section V.3. Program 

Priorities of the FFO announcement.) 

2. Full Proposal. An initial 

administrative review of timely received 

full proposals will be conducted to 

determine compliance with 

requirements and completeness. 

Proposals that are nonresponsive and/or 

incomplete will be eliminated. Each of 

the responsive and complete proposals 

will receive a minimum of three 

independent reviews, which will 

include written evaluations and scores, 

based on the evaluation criteria. 

Reviews addressing evaluation criteria 2 

and 3 above may be performed by nonFederal Engineers or Architects. No 

consensus advice will be given by the 

reviewers. Failure of an applicant to 

cooperate with NIST in identifying 

feasible measures to reduce or avoid 

identified adverse environmental 

impacts of its proposed project may 

result in the applicant not receiving an 

award. (See National Environmental 

Policy Act section below for more 

information.) 

The individual proposal evaluations 

and scores will be considered by an 

Evaluation Board(s), a committee 

comprised of Federal employees. This 

Board(s) will present proposals in 

numerical rank order and provide 

funding recommendations, based on the 

evaluation criteria, to a Selecting 

Official for further consideration. In 

making final selections, the Selecting 

Official, who is the Chief Facilities 

Management Officer at NIST, will select 

funding recipients based upon the 

Evaluation Board’s rank order of the 

proposals and the selection factors. The 

selection of proposals by the Selecting 

Official is final and cannot be appealed. 

NIST reserves the right to negotiate 

the cost and scope of the proposed work 

with the applicants that have been 

selected to receive awards. This may 

include requesting that the applicant 

delete from the scope of work a 

particular task that is deemed by NIST 

to be inappropriate for support (or of a 

lower priority compared with 

competing uses of funds) against the 

evaluation criteria or selection factors. 

NIST also reserves the right to reject a 

proposal where information is 

uncovered that raises a reasonable doubt 

as to the responsibility of the applicant. 

The final approval of selected proposals 

and award of grants will be made by the 

NIST Grants Officer. The award 

decision of the NIST Grants Officer is 

final and cannot be appealed. 

Applicants may not submit 

replacement and/or revised pages and/ 

or documents for any portion of a 

proposal once that portion has been 

submitted unless specifically requested 

by NIST. 

One copy of each incomplete, 

nonresponsive, or non-selected proposal 

will be retained for three (3) years for 

record keeping purposes and the other 

two (2) copies will be destroyed. After 

three (3) years the remaining copy will 

be destroyed. 

Selection Factors 

The Selecting Official shall 

recommend proposals for award based 

upon the Evaluation Board’s rank order 

of the proposals, and may select a 

proposal out of rank based on one or 

more of the following selecting factors: 

1. Assuring a balance/distribution of 

projects across the program priorities 

(see FFO section V.3. Program 

Priorities). 

2. Availability of Federal funds. 

3. Whether this project duplicates 

other projects funded by DoC or other 

Federal agencies. 

4. Applicant’s prior Federal award 

performance. 

5. Assuring a balance/distribution of 

funds across regional/geographic areas. 

6. Whether the applicant has received 

previous funding under the NIST 

Construction Grant Program. 

As noted above, no more than one full 

proposal per applicant organization will 

be funded. 

Program Priorities 

All applicable fields of science that 

complement one or more programs of 

DoC’s three science organizations: NIST, 

the National Oceanic and Atmospheric 

Administration (NOAA), and the 

National Telecommunication and 

Information Administration (NTIA). 

Specifically, these include science 

related to measurements, oceans and 

atmosphere, and telecommunications. 

More information about those programs 

can be found on the agencies’ Web sites 

(http://www.nist.gov, http:// 

www.noaa.gov, and http:// 

www.ntia.doc.gov). 

Proposals are only required to link to 

the program priorities of one of the three 

DoC science organizations. Proposals 

that address program priorities of more 

than one organization are not 

considered to be more competitive 

based on that fact alone. 

Executive Order 12372 

(Intergovernmental Review of Federal 

Programs). Proposals under this 

program are not subject to Executive 

Order 12372. 

Administrative Procedure Act and 

Regulatory Flexibility Act. Prior notice 

and comment are not required under 5 

U.S.C. 553, or any other law, for rules 

relating to public property, loans, 

grants, benefits or contracts (5 U.S.C. 

553(a)). Because prior notice and an 

opportunity for public comment are not 

required pursuant to 5 U.S.C. 553 or any 

other law, the analytical requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

E.O. 13132 (Federalism). This notice 

does not contain policies with 

Federalism implications as defined in 

Executive Order 13132. 

E.O. 12866 (Regulatory Planning and 

Review). This notice is determined to be 

not significant under Executive Order 

12866. 

Paperwork Reduction Act. 

Notwithstanding any other provision of 

the law, no person is required to, nor 

shall any person be subject to a penalty 

for failure to, comply with a collection 

of information subject to the 

requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection of information displays a 

currently valid Office of Management 

and Budget (OMB) Control Number. 

This notice contains collection-ofinformation requirements subject to the 

PRA. The use of Form NIST–1101, NIST 

Construction Grant Program Budget 

Narrative, NIST–1101A, NIST 

Construction Grant Program Budget 

Narrative, and NIST–1102, Letter of 

Intent Construction Grant Program, have 

been approved under OMB Control No. 

0693–0055; CD–593, U.S. Department of 

Commerce National Environmental 

Policy Act (NEPA) Environmental 

Questionnaire & Checklist has been 

approved under OMB Control No. 0690– 

0028; and SF–424, Application for 

Federal Assistance, SF–424C, Budget 

Information—Construction Programs, 

SF–424D, Assurances—Construction 

Programs, and SF–LLL, Disclosure of 

Lobbying Activities, have been 

approved by OMB under the respective 

control numbers 4040–0004, 4040–0008, 

4040–0009, and 0348–0046. 

Title, Encumbrances, and Security 

Interest. Prior to disbursement of any 

funds under the award, the recipient 

will be required to furnish evidence, 

satisfactory in form and substance to 

NIST that title to real property is vested 

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in the Recipient, and that it has 

obtained any rights-of-way, easements, 

State and local government permits, 

long-term leases, or other property 

interests. The Recipient will also be 

required to disclose all encumbrances to 

NIST, which shall not interfere with the 

construction, intended use, operation, 

or maintenance of the project during its 

estimated useful life. 

In addition, grant recipients will be 

required to execute a security interest or 

other statement of NIST’s interest in the 

property (building), acceptable to NIST, 

which must be perfected and placed on 

record in accordance with local law. 

This security interest will provide that, 

for the estimated useful life of the 

building (20 years), the recipient will 

not sell, transfer, convey, or mortgage 

any interest in the real property 

improved in whole or in part with 

Federal funds made available under the 

award, nor shall the recipient use the 

property for purposes other than the 

purposes for which the award was 

made, without the prior written 

approval of the Grants Officer. Such 

approval may be withheld until such 

time as the recipient first pays to NIST 

the Federal share of the property as 

provided in 15 CFR Part 14. No funds 

under the award shall be released until 

the recipient has complied with this 

provision, unless other arrangements 

satisfactory to NIST are made. 

DoC Pre-Award Notification 

Requirements. The Department of 

Commerce Pre-Award Notification 

Requirements for Grants and 

Cooperative Agreements, which are 

contained in the Federal Register Notice 

of February 11, 2008 (73 FR 7696–01), 

are applicable to this solicitation. 

Employer/Taxpayer Identification 

Number and Dun and Bradstreet Data 

Universal Numbering System 

On the form SF–424 items 8.b. and 

8.c., the applicant’s 9-digit Employer/ 

Taxpayer Identification Number (EIN/ 

TIN) and 9-digit Dun and Bradstreet 

Data Universal Numbering System 

(DUNS) number must be consistent with 

the information on the Central 

Contractor Registration (CCR) (http:// 

www.ccr.gov) and Automated Standard 

Application for Payment System 

(ASAP). For complex organizations with 

multiple EIN/TIN and DUNS numbers, 

the EIN/TIN and DUNS number MUST 

be the numbers for the applying 

organization. Organizations that provide 

incorrect/inconsistent EIN/TIN and 

DUNS numbers may experience 

significant delays in receiving funds if 

their proposal is selected for funding. 

Please confirm that the EIN/TIN and 

DUNS number are consistent with the 

information on the CCR and ASAP. 

National Environmental Policy Act. 

The Department must analyze the 

potential environmental impacts, as 

required by the National Environmental 

Policy Act (NEPA). General information 

on compliance with NEPA can be found 

at the following Web sites: http:// 

www.nepa.noaa.gov, and the Council on 

Environmental Quality’s (CEQ) 

NEPAnet, http://ceq.hss.doe.gov/nepa/ 

nepanet.htm. 

Consequently, as part of an 

applicant’s proposal, and under their 

description of their program activities, 

applicants are required to provide 

detailed information on the activities to 

be conducted, safety concerns, 

locations, site characteristics, 

surrounding environment, species and 

habitat that might be affected, 

construction activities, and any 

environmental concerns that may exist 

(e.g., the use and disposal of hazardous 

or toxic chemicals, impacts to 

endangered and threatened species, or 

any social, economic or cultural impacts 

to the surrounding environment) and in 

accordance with the required CD–593, 

U.S. Department of Commerce National 

Environmental Policy Act (NEPA) 

Environmental Questionnaire & 

Checklist. 

It is the applicant’s responsibility to 

obtain all necessary Federal, state, and 

local government permits and approvals 

where necessary for the proposed work 

to be conducted. Applicants are 

expected to design their projects so that 

they minimize the potential for adverse 

impacts to the environment. Applicants 

will also be required to cooperate with 

the Department in identifying feasible 

measures to reduce or avoid any 

identified adverse environmental 

impacts of their proposed project. The 

failure to do so may be grounds for not 

making an award to the applicant or 

enforcement action if an award is 

eventually made. 

Documentation of requests/ 

completion of required environmental 

authorizations and permits, including 

the Endangered Species Act, if 

applicable, should be included in the 

proposal. Applications will be reviewed 

to ensure that they contain sufficient 

information to allow Department staff to 

conduct a NEPA analysis so that 

appropriate NEPA documentation, 

required as part of the proposal, can be 

submitted to the NIST Grants and 

Agreements Management Division along 

with the recommendation for funding 

for selected applications. 

Applicants proposing activities that 

cannot be covered by a Program 

Environmental Assessment (PEA) and 

Finding of No Significant Impact 

(FONSI) or whose activities are not 

covered under another agency’s NEPA 

compliance procedures that can be 

analyzed and adopted for use by the 

Department, will be informed after the 

technical review stage to determine if 

NEPA compliance and other 

requirements can otherwise be 

expeditiously met so that a project can 

proceed in a timely manner. If an award 

is made, no funds shall be expended for 

construction activities under the award 

until NIST determines compliance with 

NEPA. 

If additional information is required 

during the period of the award, funds 

can be withheld by the Grants Officer 

under a special award condition 

requiring the recipient to submit 

additional environmental law 

compliance information sufficient to 

enable the Department to assess any 

impacts that a project may have on the 

environment. 

Reporting. Award Recipients shall 

provide access to information that is 

required to assess the project’s progress 

throughout the project life cycle. The 

following reports are required: 

1. Technical Performance Reports. 

Award Recipients shall submit a 

technical performance report in 

triplicate (an original and two copies) 

on a calendar quarter basis for the 

periods ending March 31, June 30, 

September 30, and December 31, or any 

portion thereof. Reports are due no later 

than 30 days following the end of each 

reporting period. A final technical 

performance report shall be submitted 

within 90 days after the expiration date 

of the award. Two copies of the 

technical performance reports shall be 

submitted to the Project Manager and 

the original report to the NIST Grants 

Officer. Technical performance reports 

shall contain information as prescribed 

in 15 CFR 14.51. 

2. Financial Reports. For recipients 

under this program, Article A.01 of the 

DoC Financial Assistance Standard 

Terms and Conditions dated March 

2008 is revised as follows: 

Award Recipients shall submit a 

Federal Financial Report (SF–425) in 

triplicate (an original and two copies) 

on a calendar quarter basis for the 

periods ending March 31, June 30, 

September 30, and December 31, or any 

portion thereof. Reports are due no later 

than 30 days following the end of each 

reporting period. A final SF–425 shall 

be submitted within 90 days after the 

expiration date of the award. All SF– 

425s shall be submitted to the NIST 

Grants Officer. 

Reporting requirements are described 

in the Department of Commerce 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9397 

Financial Assistance Standard Terms 

and Conditions dated March, 2008, 

found on the Internet at: http:// 

oamweb.osec.doc.gov/docs/GRANTS/ 

DOC%20STCsMAR08Rev.pdf. 

The references to Financial Reporting 

Form SF–269 in the DoC Standard 

Terms & Conditions, A.01 and B.01, are 

hereby replaced with the SF–425, 

‘‘Federal Financial Report,’’ as required 

by the Office of Management and 

Budget (OMB) (73 FR 61175, October 

15, 2008). As authorized under 15 CFR 

14.52 and 24.41, the OMB approved SF– 

425 shall be used in the place of the SF– 

269 and SF–272 under the uniform 

administrative requirements and 

elsewhere under awards in this program 

where such forms are referenced. 

Dated: February 24, 2010. 

Marc G. Stanley, 

Acting Deputy Director. 

[FR Doc. 2010–4286 Filed 3–1–10; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–921] 

Lightweight Thermal Paper From the 

People’s Republic of China: 

Rescission of Countervailing Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

David Neubacher, AD/CVD Operations, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–5823. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 2, 2009, the Department 

of Commerce (‘‘the Department’’) 

published a notice announcing the 

opportunity to request an administrative 

review of the countervailing duty order 

on lightweight thermal paper from the 

People’s Republic of China for the 

period November 20, 2008 through 

December 31, 2008. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

to Request Administrative Review, 74 

FR 56573 (November 2, 2009). On 

November 30, 2009, in accordance with 

19 CFR 351.213(b), the Department 

received a timely request from Appleton 

Papers, Inc., the petitioner, to conduct 

an administrative review of Guandong 

Guanhao High–Tech Co., Ltd. 

On December 23, 2009, the 

Department published a notice of 

initiation of a countervailing duty 

administrative review of Guandong 

Guanhao High–Tech Co., Ltd. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 74 FR 68229 (December 23, 2009). 

Rescission of Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Secretary will rescind an administrative 

review, in whole or in part, if the party 

that requested the review withdraws the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. On January 26, 

2010, the petitioner withdrew its 

request for review within the 90-day 

period, and no other party requested a 

review. Therefore, pursuant to 19 CFR 

351.213(d)(1), the Department is 

rescinding this administrative review. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess countervailing duties at the 

cash deposit rate in effect on the date of 

entry, for entries during the period 

November 20, 2008, through December 

31, 2008. The Department intends to 

issue appropriate assessment 

instructions to CBP 15 days after 

publication of this notice of rescission 

of administrative review. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to administrative 

protective orders (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 

351.213(d)(4). 

Dated: February 24, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–4282 Filed 3–1–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU76 

Fisheries of the South Atlantic and the 

Gulf of Mexico; Southeastern Data, 

Assessment, and Review (SEDAR); 

Spiny Lobster 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR Webinars and 

Workshop for South Atlantic and Gulf 

of Mexico spiny lobster. 

SUMMARY: The SEDAR update of the 

assessment of the South Atlantic and 

Gulf of Mexico stock of spiny lobster 

will consist of a series of webinars and 

an Update Workshop. This assessment 

will update the stock assessment 

conducted under SEDAR 8. See 

SUPPLEMENTARY INFORMATION. 

DATES: A Data Webinar will occur on 

March 23, 2010. Assessment Update 

Webinars will occur on June 22, July 13, 

and July 27, 2010. The Update 

Workshop will take place during August 

23–25, 2010, and a follow-up webinar 

will occur on September 8, 2010. The 

Update Workshop location will be 

noticed at a later time. See 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The Webinars may be 

attended by the public. Those interested 

in participating should contact Dale 

Theiling at SEDAR. See FOR FURTHER

INFORMATION CONTACT to request an 

invitation providing webinar access 

information. 

FOR FURTHER INFORMATION CONTACT: Dale 

Theiling, SEDAR Coordinator, 4055 

Faber Place Drive, Suite 201, North 

Charleston, SC 29405; telephone: (843) 

571–4366; email: 

dale.theiling@safmc.net. 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. A full benchmark 

assessment conducted under SEDAR 

includes three workshops: (1) Data 

Workshop, (2) Stock Assessment 

Workshop Process and (3) Review 

Workshop. The product of the Data 

Workshop is a data report which 

compiles and evaluates potential 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES