10210 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Department’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO as explained in 

the APO itself. See 19 CFR 

351.305(a)(3). Timely written 

notification of the 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. 

These final results of administrative 

review are issued and published in 

accordance with sections 751(a)(1) and 

777(i) of the Act and 19 CFR 

351.221(b)(5). 

Dated: March 1, 2010. 

Carole A. Showers, 

Acting Deputy Assistant Secretary for Import 

Administration. 

Appendix 

List of Issues in the Issues and Decision 

Memorandum 

1. Acceptance of Untimely Response 

2. Rescission of Review Based on the CBP 

Data 

3. Alleged New Factual Information 

[FR Doc. 2010–4711 Filed 3–4–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Docket No. 100301119–0119–01; I.D. 

GF001] 

Market Development Cooperator 

Program 2010 

AGENCY: Office of Planning, 

Coordination and Management (OPCM), 

Manufacturing and Services (MAS), 

International Trade Administration 

(ITA), Commerce. 

ACTION: Notice of funding availability. 

SUMMARY: ITA requests that eligible 

organizations submit proposals 

(applications) for the fiscal year (FY) 

2010 competition for Market 

Development Cooperator Program 

(MDCP) awards. ITA creates economic 

opportunity for U.S. workers and firms 

by promoting international trade and 

investment, strengthening industry 

competitiveness, and ensuring fair 

trade. 

DATES: Applications: The Department 

must receive completed applications by 

5 p.m. Eastern Daylight Time, April 19, 

2010. Late applications will not be 

accepted. Applicants whose 

applications have been accepted will be 

notified via e-mail or fax within ten 

days of the submission deadline. 

Public Meeting: The Department will 

hold a public meeting to discuss MDCP 

proposal preparation, procedures, and 

selection process on Tuesday, March 16, 

2010. The ninety-minute meeting will 

begin at 2 p.m. in Room 6029, at the 

Herbert Clark Hoover Building, 14th and 

Constitution Avenue, NW., Washington, 

DC. The Department will not discuss 

specific proposals at this meeting. 

Attendance is not required. Interested 

parties may participate via telephone 

conference. Dial-in instructions will be 

posted on the Internet at trade.gov/ 

mdcp. Interested parties can also obtain 

dial-in instructions from Ms. Catherine 

Land at 202–482–3858. 

ADDRESSES: Applicants are strongly 

encouraged to submit their applications 

via http://www.grants.gov. Application 

packages are available from http:// 

www.grants.gov or may obtained at 

trade.gov/mdcp or by contacting Mr. 

Brad Hess, U.S. Department of 

Commerce, HCHB 3215, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230. This is also the address 

where applicants may submit an 

application if they cannot submit online 

or choose not to submit online. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brad Hess, Manager, Market 

Development Cooperator Program, 

Manufacturing and Services, ITA, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., Room 

3215, Washington, DC 20230. E-mail 

address: Brad.Hess@trade.gov. 

SUPPLEMENTARY INFORMATION: Through 

Market Development Cooperator 

Program (MDCP) cooperative 

agreements, the Department provides 

technical and financial assistance to 

trade associations, state departments of 

trade, and other non-profit industry 

organizations to help to underwrite the 

start-up costs of new ventures that 

organizations are often reluctant to 

undertake without federal government 

support. These organizations are 

particularly effective in reaching smalland medium-size enterprises (SMEs). 

The mission goals of the MDCP 

strengthens the competitiveness of U.S. 

industry by fostering projects that result 

in increased exports and/or market 

share for non-agricultural goods and 

services produced in the United States. 

As an active partner, ITA will, as 

appropriate, guide and assist 

organizations in achieving project 

objectives. 

ITA publishes this notice to solicit 

applications for MDCP funds. ITA 

encourages organizations to propose 

projects that: (1) Best strengthen their 

industry through market development; 

and (2) leverage the partnership 

between the organization and ITA. 

1. Definitions 

Several definitions are provided in 

section VIII. Other Information of the 

Federal Funding Opportunity 

announcement (see Electronic Access). 

2. Examples of Project Activity 

Applicants should propose market 

development activities tailored to 

strengthen the competitiveness of a U.S. 

industry. Examples from prior years are 

set forth below and, in greater detail, at 

trade.gov/mdcp. These are provided 

only for illustration: Promotion of 

standards that ensure market access for 

U.S. products; helping business leaders 

to leverage free trade agreements to the 

advantage of U.S. industry; 

demonstration of U.S. products abroad; 

development of a shared Internet-based 

distribution system in a target market; 

establishment of technical servicing of 

U.S. products abroad; joint promotion of 

U.S. products with foreign partners; 

establishment of a trade association 

office in a target market; education of 

foreign users of U.S. technology 

concerning intellectual property rights; 

training foreign staff for after-sale 

service of U.S. products in target 

markets; increasing trust in U.S. 

products in foreign markets by 

safeguarding non-U.S. elements of the 

supply chain with an ingredient testing 

system; publication of product 

brochures and company directories; and 

development of product quality 

standards and designations along with 

target-market promotion of same. 

Electronic Access: The full text of the 

Federal funding opportunity (FFO) 

announcement for this program can be 

accessed via the Grants.gov Web site at 

http://www.grants.gov. The FFO 

announcement will also be available by 

contacting the program officials 

identified under FOR FURTHER

INFORMATION CONTACT. Applicants must 

comply with all requirements contained 

in the FFO announcement. 

Statutory Authority: MDCP is 

provided for in 15 U.S.C. 4723. The 

program strengthens U.S. industry’s 

competitiveness by developing, 

maintaining, and expanding foreign 


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markets for non-agricultural goods and 

services produced in the United States. 

CFDA: 11.112, Market Development 

Cooperator Program 

Funding Availability: Approximately 

$1,500,000 is expected to be available 

through this announcement for fiscal 

year 2010. The total number of awards 

made will depend on the amounts 

requested by top-scoring applicants and 

the availability of funds. No award will 

exceed $500,000. The Department 

anticipates concluding three to thirty 

cooperative agreements. 

Program Priorities 

ITA seeks to promote trade and 

strengthen the global competitiveness of 

U.S. industry. MDCP projects should be 

designed to meet this objective. The 

primary measurements of effectiveness 

of MDCP projects in meeting this 

objective are exports and U.S. jobs 

created or sustained by these exports. 

Listed below are more specific priorities 

that help ITA to achieve this objective. 

Applicants should demonstrate how 

their proposed projects are compatible 

with or complementary to these ITA 

priorities. An applicant does not need to 

focus on a specific number of these 

priorities to qualify for an award. Strong 

compatibility or complementarity on 

one priority can be sufficient for an 

application to score high enough to be 

funded. The Department is interested in 

receiving proposals that include but are 

not limited to projects that: 

1. Create or sustain U.S. jobs by 

increasing or maintaining exports; 

2. Address impediments to innovation 

and reduce the cost of doing business in 

foreign countries; 

3. Address standards, intellectual 

property rights, and other non-tariff 

barriers, especially in large markets like 

China, India, and Brazil; 

4. Help U.S. industry to capitalize on 

effective global supply chain 

management strategies; 

5. Increase U.S. market share in 

China’s clean energy sector and improve 

the business environment for U.S. 

companies in China; 

6. Facilitate ease of travel to the 

United States and promote U.S. higher 

education and training opportunities to 

non-U.S. entities; 

7. Increase overall export awareness 

and awareness of ITA programs and 

services among U.S. companies, by 

making SMEs export-ready or by 

facilitating deal-making; and 

8. Expand exports of U.S. emerging 

technologies. 

Eligibility: Trade associations, state 

departments of trade and their regional 

associations, and non-profit industry 

organizations, including organizations 

such as World Trade Centers, centers for 

international trade development and 

small business development centers are 

eligible to apply for an MDCP award. 

Private industry firms or groups of firms 

may be eligible to apply for an MDCP 

award in cases where an entity listed 

above does not exist to represent the 

industry. Such private industry firms or 

groups of firms must provide in their 

applications, documentation 

demonstrating that a trade association, 

non-profit industry organization, or 

state department of trade or their 

regional association does not exist to 

represent the industry. 

Definitions of each eligible entity are 

provided below: 

1. Trade Association: A fee-based 

organization consisting of member firms 

in the same industry, or in related 

industries, or which share common 

commercial concerns. The purpose of 

the trade association is to further the 

commercial interests of its members 

through the exchange of information, 

legislative activities, and other forms of 

representation. 

2. Non-Profit Industry Organization 

a. A non-profit small business 

development center operating under 

agreement with the Small Business 

Administration; or 

b. A non-profit World Trade Center 

chartered or recognized by the nonprofit World Trade Centers Association; 

or 

c. An organization granted status as a 

non-profit organization under 26 U.S.C. 

501(c)(3), (4), (5), or (6), which operates 

as one of the following: (1) Chamber of 

commerce; (2) Board of trade; (3) 

Business, export or trade council/ 

interest group; (4) Visitors bureau or 

tourism promotion group; (5) Economic 

development group; (6) Small business 

development center; or (7) Port 

authority. Organizations with 501(c)(4) 

status that engage in lobbying are not 

eligible. 

3. State Departments of Trade and 

Their Regional Associations 

a. Department of a state government 

tasked with promoting trade, tourism, or 

other types of economic development; 

or 

b. Associations of the departments of 

trade (as defined above) of two or more 

states; or 

c. Entities within a state or within a 

region that are associated with a state 

department of trade, tourism, or other 

types of economic development 

including non-profit, non-private, noncommercial entities which are at least 

partially funded by, directed by, or 

tasked by a state government to promote 

trade, tourism, or other types of 

economic development. 

Clarification Regarding Eligibility of 

Educational Institutions 

Educational institutions, such as 

schools, colleges, and universities, are 

generally not eligible. However, 

organizations that are part of or 

affiliated with an educational institution 

for administrative, accounting, 

financial, legal, or logistical reasons may 

be eligible. Such organizations that are 

not independent legal entities—for 

example, an unincorporated 

organization—that otherwise may be 

classified as a trade association; nonprofit industry association; or. state 

department of trade or their regional 

association are eligible. In such a case, 

the eligible entity will include in its 

application a signed letter from the 

educational institution stating that 

MDCP funds will be used only by the 

eligible entity for the purposes outlined 

in its application, and that no such 

funds will be used by or retained by the 

educational institution, even though the 

funds may need to go through the 

educational institution because of the 

eligible entity’s lack of a separate 

accounting system or lack of status as a 

separate legal entity. 

Cost Sharing Requirements: A 

cooperator must contribute at least two 

dollars for each Federal dollar received. 

The first dollar’s-worth of contribution 

must be cash, the second can be either 

cash or in-kind contribution worth one 

dollar. See section VIII.B. Supplemental 

Explanation of Cost Share and Match of 

the FFO announcement for more 

information. 

Evaluation and Selection Procedures: 

The general evaluation criteria and 

selection factors that apply to full 

applications to this funding opportunity 

are summarized below. Further 

information about the evaluation criteria 

and selection factors can be found in the 

FFO announcement. 

Evaluation Criteria for Projects: The 

Department is interested in projects that 

demonstrate the possibility of both 

significant progress during the award 

period and lasting benefits extending 

beyond the award period. To that end, 

the selection panel reviews each 

application for financial assistance 

under MDCP based upon the evaluation 

criteria listed below. 

1. Potential to Strengthen 

Competitiveness (20 points): 

A project’s potential to strengthen 

competitiveness is evaluated primarily 

on the likelihood that it will result in 

export initiatives by U.S. firms, 

particularly small- and medium-sized 

enterprises. Such initiatives are 


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normally characterized by a significant 

expenditure of resources by the chief 

executive officer of a company in the 

active pursuit of export sales. As noted 

in the Examples of Project Activity, 

many different kinds of activity can 

strengthen the competitiveness of U.S. 

industry; however, an applicant can 

earn the maximum number of points 

under this criterion only by 

demonstrating how its proposed project 

is expected to result in increased export 

initiatives by individual U.S. firms and 

exports by those firms. 

2. Performance Measurement (20 

points): 

Applicants must provide quantifiable 

estimates of projected export and market 

share increases and explain how they 

are derived. No application that lacks an 

estimate of exports can receive a 

performance measurement score that 

exceeds ten (10). Applicants must detail 

the methods they will use to gather and 

report performance information. The 

Department will evaluate each 

applicant’s proposed performance 

measures and proposed performance 

goals to determine how reasonable they 

are and to determine the likelihood that 

the applicant will gather and report 

useful data. 

3. Partnership and Priorities (20 

points): 

This criterion evaluates the degree to 

which the project initiates or enhances 

partnership with ITA and the degree to 

which the proposal furthers or is 

compatible with ITA’s priorities stated 

under Program Priorities above. 

4. Creativity and Capacity (20 points): 

This criterion evaluates the creativity, 

innovation, and realism displayed by 

the work plan as well as the 

institutional capacity of the applicant to 

carry out the work plan. 

a. Demonstrating Creativity: 

Applicants might propose ideas not 

previously tried to promote a particular 

industry in a market. Creativity can be 

demonstrated by the manner in which 

techniques are customized to meet the 

specific needs of certain client groups. 

b. Table Comparing Proposal to 

Current or Past MDCP Projects: 

Applicants that have received an MDCP 

award in the past must submit a table 

comparing their current or past MDCP 

project(s) and their proposed project. 

The need for this table and the 

requested format are described below. 

MDCP awards are designed to help 

underwrite the start-up costs of new 

projects. Accordingly, current or past 

cooperators can be in a position to earn 

the maximum number of points under 

this criterion only if they propose 

projects that are entirely new. In order 

to determine whether a project is 

entirely new, the current or past 

cooperator must provide, as a separate 

appendix, a comparison between the 

elements of the proposed project and 

the elements of its current or past 

MDCP-funded projects. Current or past 

cooperators that propose projects that 

are not entirely new will receive fewer 

points under this criterion than they 

would receive otherwise. In determining 

the number of points under this 

criterion, the selection panel will 

consider the level to which a particular 

applicant has incorporated elements of 

its previously funded MDCP projects. 

To do this, current or past cooperators 

should submit a table wherein they 

approximate the amount of resources 

devoted to each project element. See 

VIII.C. Example Table Comparing 

Proposal to Current or Past MDCP 

Projects of the FFO announcement for 

more information. 

c. Institutional Capacity: The 

Department measures institutional 

capacity by what each applicant 

submits. A current or past cooperator 

should not assume that success with a 

prior MDCP project will automatically 

be taken into account by the Department 

when reviewing its application. Each 

applicant must document its 

institutional capacity in its application. 

5. Budget and Sustainability (20 

points): 

This criterion encompasses the 

reasonableness of the itemized budget 

for project activities, the amount of the 

cash match that is readily available at 

the beginning of the project, and the 

probability that the project can be 

continued on a self-sustained basis after 

the completion of the award. Current or 

past cooperators must show how the 

proposed project will achieve selfsustainability independent of any 

current or past MDCP projects. ITA does 

not assume that prior MDCP projects are 

self-sustaining. As noted in the section 

entitled Institutional Capacity, ITA 

assesses each application based on what 

each applicant chooses to include in its 

application. If an applicant wants ITA to 

consider the self-sustainability of a prior 

project when evaluating a new project 

proposal, it should include relevant 

information in its application. 

Each of the above criteria is worth a 

maximum of 20 points. The five criteria 

together constitute the application 

score. At 20 points per criterion, the 

total possible score is 100. 

Review and Selection Process: The 

applicant is responsible for submitting a 

complete application in a timely 

manner. Prior to selection, each 

complete application receives an 

evaluation as set forth below. 

Eligibility Determination 

The MDCP staff of the Office of 

Planning, Coordination and 

Management (OPCM) in ITA’s 

Manufacturing and Services (MAS), in 

consultation with the Department’s 

Office of General Counsel, reviews all 

applications to determine the eligibility 

of each applicant. 

Program Area Review 

All eligible applicants are forwarded 

to the relevant program areas, including 

ITA’s MAS, Market Access and 

Compliance (MAC), and Commercial 

Service, for review. This allows experts 

in the industry sector or geographical 

region to assess applicant claims. These 

reviewers provide insights into both the 

potential benefits and the potential 

difficulties associated with the 

applications. 

OPCM Review 

Representatives of OPCM will also 

review and comment on applications 

using the evaluation criteria identified 

above. 

Selection Panel 

The MDCP Manager prepares for the 

selection panel a review packet 

including the applications and OPCM 

reviewer and program area reviewer 

comments. The OPCM reviewer and 

program area review comments afford 

the selection panel the insights and 

breadth of experience of Department 

professionals. Although their comments 

are made available to the selection 

panel, it is only the selection panel’s 

scores that determine the top ranked 

applications that are forwarded to the 

Assistant Secretary for Manufacturing 

and Services with the recommendation 

for selection as award recipients. The 

MDCP Manager forwards all of the 

eligible applications, along with all 

related materials, to the selection panel, 

which is comprised of at least three 

senior ITA managers, for review and 

selection recommendation. This panel is 

chaired by the OPCM Director and 

typically includes three other members, 

one each from MAS, MAC, and the 

Commercial Service. Panel members are 

office directors or higher. 

Each selection panel member reviews 

each eligible application using the 

evaluation criteria and assigns a score 

for each of the five criteria stated above. 

Panel members have the discretion to 

take into consideration the OPCM staff 

and program area comments when 

assigning a score for each application. 

The scores of each selection panel 

member for each application reviewed 

are maintained in the files for three 

years. The individual criteria scores are 


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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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