Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10213 

averaged to determine the total score for 

each application. The evaluation criteria 

scores assigned by the panel determine 

which applications are recommended 

for funding. 

Based on the scores assigned by 

selection panel members and 

deliberations by the selection panel, the 

selection panel ranks all applications 

based on scores and forwards the 

applications with the ten highest total 

scores (‘‘top-ranked applications’’) to the 

Assistant Secretary for Manufacturing 

and Services, and recommends which of 

the top applications should receive 

funding. If the amount of funds 

requested by the top ten applicants is 

less than the funding available, the 

selection panel recommends additional 

applications for funding in rank order. 

The selection panel’s recommendation 

will not deviate from the rank order. For 

example, the selection panel cannot 

recommend funding for the application 

ranked seventh without recommending 

funding for applicants ranked first 

through sixth. The selection panel 

recommendation includes the panel’s 

written assessment of the strengths and 

weaknesses of the top-ranked 

applications. 

Selection Factors for Projects: From 

the top-ranked applications forwarded 

by the selection panel, the Assistant 

Secretary for Manufacturing and 

Services selects those applications that 

will receive funding. In addition to the 

evaluation criteria, the Assistant 

Secretary for Manufacturing and 

Services may consider the selection 

factors listed below: 

1. The selection panel’s written 

assessments; 

2. Degree to which applications 

satisfy the ITA priorities established 

under Program Priorities; 

3. Geographic distribution of the 

proposed awards; 

4. Diversity of industry sectors and 

overseas markets covered by the 

proposed awards; 

5. Diversity of project activities 

represented by the proposed awards; 

6. Avoidance of redundancy and 

conflicts with the initiatives of other 

federal agencies; and 

7. Availability of funds. 

Intergovernmental Review: There are 

no intergovernmental review 

requirements beyond those already 

noted. 

Limitation of Liability: In no event 

will NOAA or the Department of 

Commerce be responsible for proposal 

preparation costs if these programs fail 

to receive funding or are cancelled 

because of other agency priorities. 

Publication of this announcement does 

not oblige NOAA to award any specific 

project or to obligate any available 

funds. 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements: 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements 

contained in the Federal Register notice 

of February 11, 2008 (73 FR 7696), are 

applicable to this solicitation. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 424, 424A, 424B, 

and SF–LLL and CD–346 has been 

approved by the Office of Management 

and Budget (OMB) under the respective 

control numbers 0348–0043, 0348–0044, 

0348–0040, 0348–0046, and 0605–0001. 

Notwithstanding any other provision 

of law, no person is required to, nor 

shall a person be subject to a penalty for 

failure to comply with, a collection of 

information subject to the requirements 

of the PRA unless that collection of 

information displays a currently valid 

OMB control number. 

Executive Order 12866: This notice 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

Executive Order 13132 (Federalism): 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comment 

are not required by the Administrative 

Procedure Act or any other law for rules 

concerning public property, loans, 

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

553(a)(2)). Because notice and 

opportunity for comment are not 

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

other law, the analytical requirements 

for the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) are inapplicable. 

Therefore, a regulatory flexibility 

analysis has not been prepared. 

Dated: March 2, 2010. 

Robert W. Pearson, 

Director, Office of Planning, Coordination and 

Management, Manufacturing and Services, 

International Trade Administration, 

Department of Commerce. 

[FR Doc. 2010–4715 Filed 3–4–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG18 

Identification of Nations Whose 

Fishing Vessels are Engaged in Illegal, 

Unreported, or Unregulated Fishing 

and/or Bycatch of Protected Living 

Marine Resources 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice and request for 

information. 

SUMMARY: NMFS is seeking information 

regarding nations whose vessels are 

engaged in illegal, unregulated, or 

unreported (IUU) fishing or bycatch of 

protected living marine resources 

(PLMRs). Such information will be 

reviewed for the purposes of the 

identification of nations pursuant to the 

High Seas Driftnet Fishing Moratorium 

Protection Act (Moratorium Protection 

Act). 

DATES: Information should be received 

on or before April 5, 2010. 

ADDRESSES: Information should be 

submitted to NMFS Office of 

International Affairs, Attn.: MSRA 

Information, 1315 East-West Highway, 

Silver Spring, MD 20910. E-mail 

address: IUU.PLMR.INFO@noaa.gov or 

fax (301) 713–9106. 

FOR FURTHER INFORMATION CONTACT: 

NMFS Office of International Affairs, email address: 

IUU.PLMR.INFO@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 (MSRA) 

amended the Moratorium Protection Act 

(16 U.S.C. 1826d-k) to require actions be 

taken by the United States to strengthen 

international fishery management 

organizations and address IUU fishing 

and bycatch of PLMRs. Specifically, the 

Moratorium Protection Act requires the 

Secretary of Commerce (Secretary) to 

identify in a biennial report to Congress 

those nations whose fishing vessels are 

engaged, or have been engaged at any 

point during the preceding 2 years, in 

IUU fishing. In this context, IUU fishing 

is defined (16 U.S.C. 1826j; 50 CFR 

300.200–201) as: 

(1) Fishing activities that violate 

conservation and management measures 

required under an international fishery 

management agreement to which the 

United States is a party, including catch 


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10214 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

limits or quotas, capacity restrictions, 

and bycatch reduction requirements; 

(2) Overfishing of fish stocks shared 

by the United States, for which there are 

no applicable international conservation 

or management measures or in areas 

with no applicable international fishery 

management organization or agreement, 

that has adverse impacts on such stocks; 

and 

(3) Fishing activity that has an 

adverse impact on seamounts, 

hydrothermal vents, and cold water 

corals located beyond national 

jurisdiction, for which there are no 

applicable conservation or management 

measures or in areas with no applicable 

international fishery management 

organization or agreement. 

Additionally, the Secretary must 

identify in the biennial report those 

nations whose fishing vessels are 

engaged, or have been engaged during 

the preceding calendar year, in fishing 

activities either (1) in waters beyond 

any national jurisdiction that result in 

bycatch of a PLMR, or (2) beyond the 

U.S. exclusive economic zone (EEZ) that 

result in bycatch of a PLMR shared by 

the United States. In this context, 

PLMRs are defined as non-target fish, 

sea turtles, or marine mammals that are 

protected under U.S. law or 

international agreement, including the 

Marine Mammal Protection Act, the 

Endangered Species Act, the Shark 

Finning Prohibition Act, and the 

Convention on International Trade in 

Endangered Species of Wild Flora and 

Fauna. PLMRs do not include species, 

except sharks, managed under the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

Atlantic Tunas Convention Act, or any 

international fishery management 

agreement. (A list of species considered 

as PLMRs for this purpose is available 

online at: http://www.nmfs.noaa.gov/ 

msa2007/mrip.htm) 

The first biennial report was 

submitted to Congress in January 2009 

and is available online at http:// 

www.nmfs.noaa.gov/msa2007/docs/ 

msralbienniallreportl011309.pdf. 

The report identified six nations for IUU 

fishing. 

The Moratorium Protection Act also 

requires the Secretary to establish 

procedures to certify whether each 

nation identified in the biennial report 

is taking appropriate corrective action to 

address IUU fishing and/or bycatch of 

PLMRs by fishing vessels of that nation. 

If a nation does not receive a positive 

certification by the Secretary, they could 

be subject to sanctions under the High 

Seas Driftnet Fisheries Enforcement Act 

(Enforcement Act)(16 U.S.C. 1826a). On 

January 14, 2009, NMFS published a 

proposed rule to implement both the 

identification and certification 

procedures. (That proposed rule is 

available online at http:// 

www.nmfs.noaa.gov/msa2007/docs/ 

iuulbycatchlrule011409.pdf.)The rule 

provides information regarding the 

identification process and how the 

information solicited here will be used 

in that process. 

In fulfillment of its requirements 

under the Moratorium Protection Act, 

NMFS is preparing the second biennial 

report to Congress, which will identify 

nations whose fishing vessels are 

engaged in IUU fishing, or fishing 

practices that result in bycatch of 

PLMRs. NMFS is soliciting information 

from the public that could assist in its 

identification of nations engaged in 

activities that meet one or more of the 

three criteria described above for IUU 

fishing or one or more of the two criteria 

described above for PLMR bycatch. 

Information that may prove useful to 

NMFS includes: 

• Documentation (photographs, etc.) 

of IUU activity or PLMR bycatch; 

• Fishing vessel records; 

• Reports from off-loading facilities, 

port-side government officials, 

enforcement agents, military personnel, 

port inspectors, transshipment vessel 

workers and fish importers; 

• Government vessel registries; 

• IUU vessel lists from RFMOs; 

• RFMO catch documents and 

statistical document programs; 

• Appropriate certification programs; 

and 

• Reports from governments, 

international organizations, or 

nongovernmental organizations. 

NMFS will consider all available 

information, as appropriate, when 

making a determination whether or not 

to identify a particular nation in the 

biennial report to Congress. NMFS is 

particularly interested in information on 

IUU fishing activity and bycatch of 

PLMRs that occurred during 2009–2010. 

NMFS will consider several criteria 

when determining whether information 

is appropriate for use in making 

identifications, including but not 

limited to: 

• Corroboration of information; 

• Whether multiple sources have 

been able to provide information in 

support of an identification; 

• The methodology used to collect 

the information; 

• Specificity of the information 

provided; 

• Susceptibility of the information to 

falsification and alteration; and 

• Credibility of the individuals or 

organization providing the information. 

Information should be as specific as 

possible as this will assist NMFS in its 

review. 

Dated: March 1, 2010. 

Rebecca Lent, 

Director, Office of International Affairs, 

NOAA Fisheries Service. 

[FR Doc. 2010–4680 Filed 3–4–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–890] 

Wooden Bedroom Furniture from the 

People’s Republic of China: Initiation 

of Antidumping Duty New Shipper 

Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 5, 2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that 

three requests for new shipper reviews 

of the antidumping duty order on 

wooden bedroom furniture from the 

People’s Republic of China (‘‘PRC’’) meet 

the statutory and regulatory 

requirements for initiation. The period 

of review (‘‘POR’’) for the three new 

shipper reviews is January 1, 2009, 

through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Pedersen, Rebecca Pandolph, or 

David Edmiston, AD/CVD Operations, 

Office 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, N.W., 

Washington, DC 20230, telephone: (202) 

482–2769, (202) 482–3627, or (202) 482– 

0989 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The antidumping duty order on 

wooden bedroom furniture from the 

PRC was published on January 4, 2005. 

See Notice of Amended Final 

Determination of Sales at Less Than 

Fair Value and Antidumping Duty 

Order: Wooden Bedroom Furniture 

From the People’s Republic of China, 70 

FR 329 (January 4, 2005). On January 21, 

and 29, 2010, pursuant to section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (the ‘‘Act’’), and 19 CFR 

351.214(c), the Department received 

timely requests for new shipper reviews 

from Dongguan Huansheng Furniture 

Co., Ltd. (‘‘Dongguan Huansheng’’); 

Hangzhou Cadman Trading Co., Ltd. 

(‘‘Cadman’’); and Wanvog Furniture 

(Kunshan) Co., Ltd. (‘‘Wanvog’’). 


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