[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10219-10223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4591]


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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No.: 100210082-0082-01]


Solicitation of Applications for the FY 2010 University Center 
Economic Development Program Competition in EDA's Austin and Denver 
Regional Offices

AGENCY: Economic Development Administration (EDA), Department of 
Commerce.

ACTION: Notice and request for applications.

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SUMMARY: EDA is soliciting competitive applications from accredited 
institutions of higher education, including community colleges, and 
from consortia of accredited institutions of higher education for FY 
2010 University Center Economic Development Program funding in the 
geographic areas served by its Austin and Denver regional offices. 
EDA's mission is to lead the federal economic development agenda by 
promoting innovation and competitiveness, preparing American regions 
for growth and success in the worldwide economy. Institutions of higher 
education have many assets and are able to establish and operate 
University Centers in partnership with EDA. These EDA-sponsored 
University Centers conduct research; provide technical assistance to 
tribal entities, local governments, and public and private sector 
organizations; and undertake other activities with the goal of 
enhancing regional economic development by promoting a favorable 
business environment to attract private capital investment and higher-
skill, higher-wage jobs.

DATES: The closing date and time for receipt of applications for 
funding under the FY 2010 University Center Economic Development 
Program competition is June 1, 2010 at 5 p.m. CST for applicants in the 
Austin regional office's service area and 5 p.m. MST for applicants in 
the Denver regional office's service area. The Austin regional office 
will hold an informational teleconference for prospective applicants on 
April 1, 2010 at 1 p.m. CST. The Denver regional office will hold its 
informational teleconference call on March 19, 2010 at 1 p.m. MST. For 
instruction regarding these teleconferences, please see the information 
provided below under ``Informational Teleconferences.''
    Subject to the availability of funding, successful applicants 
should expect to receive grant awards within approximately sixty days 
from the application closing date and time(s) set out in this notice 
and request for applications. The anticipated initial award will have a 
twelve-month duration with an estimated start date on or about August 
1, 2010.
    Application Submission Requirements: Applicants are advised to read 
carefully the instructions contained in section IV of the Federal 
Funding Opportunity (FFO) announcement for this request for 
applications. To access the FFO announcement, please see the Web sites 
listed below under ``Electronic Access.''
    Applications may be submitted in two formats: (i) Electronically in 
accordance with the procedures provided on www.grants.gov; or (ii) in 
paper format to the addresses provided below. EDA will not accept 
facsimile transmissions of applications. The content of the application 
is the same for paper submissions as it is for electronic submissions. 
A complete application must contain all the items listed in the 
Checklist of Application Materials, which is attached as an Exhibit to 
the FFO announcement.
    You may obtain a paper application package by contacting the 
designated point of contact listed below under ``For Further 
Information Contact'' for the EDA regional office servicing your 
geographic area. Applicants applying electronically through 
www.grants.gov may access the application package by following the 
instructions provided on www.grants.gov.
    Paper Submissions: Applicants in Arkansas, Louisiana, New Mexico, 
Oklahoma or Texas should submit paper submissions (via postal mail, 
overnight delivery, or hand-delivery) to: FY 2010 University Center 
Program Competition, Economic Development Administration, Austin 
Regional Office, 504 Lavaca, Suite 1100, Austin, Texas 78701-2858.
    Applicants in Colorado, Iowa (excluding Muscatine and Scott 
counties), Kansas, Missouri, Montana, Nebraska, North Dakota, South 
Dakota, Utah or Wyoming should submit paper submissions (via postal 
mail, overnight delivery, or hand-delivery) to: FY 2010 University 
Center Program Competition, Economic Development Administration, Denver 
Regional Office, 410 17th Street, Suite 250, Denver, Colorado 80202.
    Department of Commerce mail security measures may delay receipt of 
United States Postal Service mail for up to two weeks. Therefore, 
applicants who submit paper submissions are advised to use a guaranteed 
overnight delivery service.
    Electronic Submissions: Applicants may submit applications 
electronically in accordance with the instructions provided at 
www.grants.gov. EDA strongly encourages that applicants not wait until 
the application closing date to begin the application process through 
www.grants.gov. The preferred file format for electronic attachments 
(e.g., the Project Narrative and attachments to Form ED-900) is 
portable document format (PDF); however, EDA will accept electronic 
files in Microsoft Word, WordPerfect, or Excel formats.
    Applicants should access the following link for assistance in 
navigating www.grants.gov and for a list of useful resources: http://www.grants.gov/help/help.jsp. If you do not find an answer to your 
question under ``Applicant FAQs,'' try consulting the ``Applicant User 
Guide.'' If you still cannot find an answer to your question, contact 
www.grants.gov via email at <a href="/cdn-cgi/l/email-protection#bfcccacfcfd0cdcbffd8cdded1cbcc91d8d0c9"><span class="__cf_email__" data-cfemail="b1c2c4c1c1dec3c5f1d6c3d0dfc5c29fd6dec7">[email protected]</span></a> or telephone at 1-800-
518-4726. The hours of operation for www.grants.gov are Monday-Friday, 
7 a.m. to 9 p.m. Eastern Time (except for federal holidays).

FOR FURTHER INFORMATION CONTACT: For additional information or for a 
paper copy of the application package, the designated contact person in 
the Austin regional office is Camille Osborne. Ms. Osborne may be 
reached at <a href="/cdn-cgi/l/email-protection#bdded2cedfd2cfd3d8fdd8d9dc93d9d2de93dad2cb"><span class="__cf_email__" data-cfemail="fc9f938f9e938e9299bc99989dd298939fd29b938a">[email protected]</span></a> or at 512.381.8145. The designated 
contact person in the Denver regional office is Forlesia S. Willis. Ms. 
Willis may be reached at <a href="/cdn-cgi/l/email-protection#1f7968767373766c5f7a7b7e317b707c31787069"><span class="__cf_email__" data-cfemail="c1a7b6a8adada8b281a4a5a0efa5aea2efa6aeb7">[email protected]</span></a> or at 303.844.5452. EDA's 
website at http://www.eda.gov also has information on EDA and its 
programs, including the University Center Economic Development Program.

SUPPLEMENTARY INFORMATION: 
    Program Information: EDA's mission is to lead the federal economic 
development agenda by promoting innovation and competitiveness, 
preparing American regions for growth and success in the worldwide 
economy. EDA fulfills its mission by helping our partners across the 
nation create wealth and minimize poverty by promoting a favorable 
business environment to attract private capital investment and higher-
skill, higher-wage jobs through capacity-building, planning,

[[Page 10220]]

infrastructure, research grants and strategic initiatives. Institutions 
of higher education have many assets that can help address regional 
economic problems and opportunities, such as faculty, staff, students, 
libraries, laboratories, facilities, and computer systems. With funding 
from EDA, institutions of higher education and consortia of 
institutions of higher education establish and operate University 
Centers. These EDA-sponsored University Centers conduct applied 
research, provide technical assistance to public and private sector 
organizations, and conduct other activities with the goal of enhancing 
regional economic development.
    EDA began administering the University Center Economic Development 
Program as a competitive multi-year program in FY 2004. Under this 
multi-year program designation, EDA holds University Center Economic 
Development Program competitions each fiscal year in two of its six 
regional offices. For example, in FY 2004 and 2007, EDA solicited 
applications under a competition held in the Austin and Denver regional 
offices, and in FY 2005 and 2008, EDA solicited applications in the 
Philadelphia and Chicago regional offices. In FY 2006 and 2009, EDA 
solicited applications in the Atlanta and Seattle regional offices. 
Pursuant to its fiscal year schedule, for FY 2010, EDA announces that 
it will hold the competition in the Austin and Denver regional offices.
    EDA encourages the submission of applications that will 
significantly benefit regions with distressed economies. Distress may 
exist in a variety of forms, including high levels of unemployment, low 
income levels, large concentrations of low-income families, and 
significant declines in per capita income because of large numbers (or 
high rates) of business failures, sudden major layoffs or plant 
closures, military base closures, natural or other major disasters, 
depletion of natural resources or reduced tax bases, and substantial 
loss of population because of the lack of employment opportunities. 
Under the University Center Economic Development Program, EDA seeks to 
support university-based programs that provide for regional, Statewide 
or multi-State programs to help foster the creation and retention of 
higher-skill, higher-wage jobs; attract private capital investment to 
the region served by the proposed University Center; address regional 
economic development challenges and opportunities; and enhance long-
term regional and national competitiveness in the worldwide 
marketplace. EDA encourages projects that will collaborate with, 
interact with, and benefit other EDA investment partners, recipients, 
and stakeholders, and create synergies with EDA's Public Works, 
Economic Adjustment, and Planning programs.
    To obtain the maximum effect of available program funds, EDA will 
strive to fund a portfolio of University Centers that, as a group, 
offer the widest possible coverage in the Austin and Denver regional 
offices' geographic areas and offer a full range of services tailored 
appropriately to the region's needs and each sponsoring institution's 
(or consortium's) strengths. EDA will strive to avoid funding 
duplicative services wherever practicable.
    EDA will not fund University Centers that operate in isolation from 
other resources at the institution of higher education (or consortium) 
receiving the award. University Center programs not focused on economic 
development activities that foster higher-skill, higher-wage job 
creation and private sector investments are encouraged to seek 
financial support from other sources.
    Electronic Access: The FFO announcement for the FY 2010 University 
Center Economic Development Program competition is available at 
www.grants.gov and at http://www.eda.gov/InvestmentsGrants/FFON.xml.
    Statutory Authority: EDA's authorizing statute is the Public Works 
and Economic Development Act of 1965, as amended (42 U.S.C. 3121 et 
seq.) (PWEDA). The specific authority for the University Center 
Economic Development Program is section 207 of PWEDA (42 U.S.C. 3147), 
which authorizes EDA to make grants for the establishment of University 
Centers. EDA's regulations at 13 CFR parts 300-302 and subpart B of 13 
CFR part 306 set out the general and specific regulatory requirements 
applicable to the University Center Economic Development Program.
    EDA's regulations are codified at 13 CFR chapter III. The 
regulations and PWEDA are accessible on EDA's website at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
    Funding Availability: Funding appropriated under the Consolidated 
Appropriations Act, 2010 (Pub. L. 111-117, 123 Stat. 3034 at 3114 
(2009)) is available for the economic development assistance programs 
authorized by PWEDA and for the Trade Adjustment Assistance for Firms 
Program under the Trade Act of 1974, as amended (19 U.S.C. 2341 et 
seq.). Funds in the amount of $255,000,000 have been appropriated for 
FY 2010 and shall remain available until expended.
    The funding periods and funding amounts referenced in this 
competitive solicitation are subject to the availability of funds at 
the time of award, as well as to Department of Commerce and EDA 
priorities at the time of award. The Department of Commerce and EDA 
will not be held responsible for application preparation costs if the 
University Center Economic Development Program fails to receive funding 
or is cancelled because of agency priorities. Publication of this 
competitive solicitation does not obligate the Department of Commerce 
or EDA to award any specific grant or cooperative agreement or to 
obligate all or any part of available funds.
    In accordance with Congressional guidance, EDA hopes to be able to 
fund at least one University Center grant in each State. For FY 2010, 
EDA expects to allocate $7,437,408 to the University Center Economic 
Development Program. The amount of University Center funding available 
for competition in FY 2010 is expected to be $1,128,502 for the Austin 
regional office and $1,380,000 for the Denver regional office. The 
remaining FY 2010 University Center Economic Development Program funds 
will be used to continue to support current University Centers selected 
during the FY 2008 and 2009 competitions in EDA's other four regional 
offices. Annual awards for the University Centers selected in past 
years generally have been in the range of $80,000 to $200,000, although 
regional offices may choose to fund awards under this competition 
outside of these ranges. Subject to the availability of funding at the 
time of award, the funds allocated to the University Center Economic 
Development Program are anticipated to be available until expended.
    Catalog of Federal Domestic Assistance (CFDA) Number: 11.303, 
Economic Development--Technical Assistance.
    Applicant Eligibility: An accredited institution of higher 
education, including a community college, or a consortium of accredited 
institutions of higher education is eligible to apply for and to 
receive funding under the University Center Economic Development 
Program. See section 3(12) of PWEDA (42 U.S.C. 3122(12)) and 13 CFR 
300.3. A university-affiliated research foundation also is eligible to 
apply for and to receive funding under this competitive solicitation, 
provided it demonstrates that it maintains the full and integral 
support of the university with respect to its economic development 
activities, through a letter or other documentation from a university 
President or Chancellor. For

[[Page 10221]]

applicants applying as a consortium, one accredited institution must be 
identified as the lead agent that would have lead responsibility to EDA 
and to the other members of the consortium for implementing an award. A 
non-profit organization, in good standing and participating in the 
institution's proposed project in connection with an application under 
this competitive solicitation, may partner with a consortium provided 
that the organization itself is affiliated with and directed by an 
accredited institution of higher education.
    For FY 2010, the University Center Economic Development Program 
competition is open to eligible applicants in the geographic areas 
served by EDA's Austin and Denver regional offices. The Austin regional 
office serves Arkansas, Louisiana, New Mexico, Oklahoma and Texas. The 
Denver regional office serves Colorado, Iowa (excluding Muscatine and 
Scott counties), Kansas, Missouri, Montana, Nebraska, North Dakota, 
South Dakota, Utah and Wyoming.
    Project Period: The Austin and Denver regional offices will provide 
a three-year project period for each University Center selected for 
funding under the FY 2010 University Center Economic Development 
Program competition, with the initial award being made for the first 
year of the project period. The selected University Centers will not 
have to compete for the second and third years of funding. Funding 
beyond the initial year is dependent upon the availability of funds, 
satisfactory performance, and satisfactory progress in achieving 
milestones and program goals set forth in the three-year scope of work, 
as determined by EDA and expressed in written notice.
    Current University Center operators in the service areas of EDA's 
Atlanta, Chicago, Philadelphia, and Seattle regional offices will not 
have to compete for continuation funding in FY 2010, subject to the 
availability of funds, satisfactory continuing performance, and 
satisfactory progress in achieving milestones and program goals set 
forth in the three-year scope of work, as determined by EDA and 
expressed in a written notice. EDA regional offices will contact 
current University Center operators in those service areas regarding 
the procedures for securing FY 2010 continuation funding.
    Cost Sharing Requirement: Generally, the amount of the EDA grant 
may not exceed fifty percent of the total cost of the project. Projects 
may receive an additional amount that shall not exceed thirty percent, 
as determined by EDA, based on the relative needs of the region in 
which the project will be located. See section 204(a) of PWEDA (42 
U.S.C. 3144) and 13 CFR 301.4(b)(1). The Assistant Secretary of 
Commerce for Economic Development has the discretion to establish a 
maximum EDA investment rate of up to one-hundred percent where the 
project (i) merits and is not otherwise feasible without an increase to 
the EDA investment rate; or (ii) will be of no or only incidental 
benefit to the recipient. See section 204(c)(3) of PWEDA (42 U.S.C. 
3144) and 13 CFR 301.4(b)(4).
    In the application review process, EDA will consider the nature of 
the contribution (cash or in-kind) and the amount of the matching share 
funds. In-kind contributions, fairly evaluated by EDA, may provide the 
non-federal share of the total project cost. See section 204(b) of 
PWEDA (42 U.S.C. 3144) and section III.B of the FFO announcement for 
this request for applications. In-kind contributions, which may include 
assumptions of debt and contributions of space, equipment, and 
services, are eligible to be included as part of the non-federal share 
of eligible project costs if they meet applicable federal cost 
principles and uniform administrative requirements. Funds from other 
federal financial assistance awards are considered matching share funds 
only if authorized by statute, which may be determined by EDA's 
reasonable interpretation of the statute. See 13 CFR 300.3. The 
applicant must show that the matching share is committed to the project 
for the entire project period, will be available as needed, and is not 
conditioned or encumbered in any way that precludes its use consistent 
with the requirements of EDA investment assistance. See 13 CFR 301.5.
    Intergovernmental Review: Applications for funding under the 
University Center Economic Development Program are subject to the State 
review requirements imposed by Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' where applicable.
    Evaluation and Selection Procedures: Staff in EDA's Austin or 
Denver regional office, as applicable, first will undertake a technical 
review of each application to ensure that all required forms, 
signatures, and documentation are present and that the application is 
in compliance with the requirements of this competitive solicitation. 
Applications failing to meet the technical requirements of this 
competitive solicitation will not be referred to the review panel for 
merit review.
    Following the technical review, each regional office will convene a 
panel to review the merits of each application based on the criteria 
provided under ``Evaluation Criteria'' below. The review panel will 
consist of federal employees and may include others recommended by the 
Regional Director of the applicable regional office. At least three 
members of the review panel will be EDA staff members. The review panel 
will evaluate and rate and rank competitively all technically 
sufficient applications based on the evaluation criteria provided under 
``Evaluation Criteria'' below.
    The review panel's rating and ranking of the applications then will 
be presented to the regional office's Investment Review Committee 
(IRC). Applications deemed eligible and consistent with EDA's mission 
and funding priorities are referred to the IRC, which is comprised of 
EDA staff, to determine which applications for funding are recommended 
to the Regional Director. Under this notice and request for 
applications, after reviewing the panel's process and recommendations, 
the IRC may either (i) forward the panel's ranked list, unaltered and 
in its entirety, to the Selecting Official, who is the Regional 
Director of the applicable regional office; or (ii) identify any 
deficiencies in the review process and direct the review panel (or 
convene a new panel) to begin the process anew. If the IRC directs the 
panel to re-evaluate the applications, the review panel will undertake 
the process again and submit a revised rating and ranking of the 
applications to the IRC.
    Evaluation Criteria: EDA will evaluate applications based on the 
following criteria. Each criterion is detailed below with an assigned 
weight.
    1. Responsiveness to Objectives of Federal Funding Opportunity 
(35%). This section shall assess the extent to which the applicant is 
able to:
    <bullet> Provide a wide geographic level of service. Priority will 
be given to applicants whose programs will offer the widest possible 
coverage in the Austin and Denver regional offices' geographic service 
areas.
    <bullet> Leverage other university assets. Priority will be given 
to University Center applicants whose proposed activities outline 
specific information on how they will leverage other University assets 
(such as economic analysis divisions, GIS capabilities, planning 
specialists, etc.).
    <bullet> Specifically articulate how the proposed activities of the 
University Center will address regional needs. Priority will be given 
to applications

[[Page 10222]]

that clearly articulate the regional needs and propose activities which 
specifically address those needs.
    2. Alignment with Key Funding Priorities (35%). In addition to 
meeting the requirements set out in this FFO, all EDA investments must 
satisfy at least one of the following key funding priorities. 
Applications that support more than one of the following funding 
priorities will receive higher priority.
    <bullet> Support science and technology. Priority will be given to 
applications that propose to provide specific technical assistance to 
information technology industries (for example, high technology 
industries or investments in broadband and smart grid); scientific 
industries; healthcare industries; or environmental technologies, 
including technology commercialization.
    <bullet> Address sudden economic dislocation. Priority will be 
given to proposed activities in which the University Center will engage 
to support investments in communities that experienced sudden or severe 
economic dislocation and job loss due to either auto-industry 
restructuring or natural disasters.
    <bullet> Support small and medium-size businesses. Priority will be 
given to applications that propose specific activities that will 
support small and medium-size businesses (e.g., <= 500 employees or <= 
$7 million in average annual sales).
    <bullet> Encourage collaborative regional innovation. Priority will 
be given to proposed activities that will cultivate multi-
jurisdictional solutions to regional needs; encourage regional 
collaboration among economic development organizations; and identify 
and implement programs that encourage regional stakeholders to link to 
and build upon unique assets of the region, such as the development and 
support of innovation clusters.
    <bullet> Foster global competitiveness. Priority will be given to 
proposed activities that will help strengthen industry competitiveness 
through innovation, entrepreneurship, global trade, and rapid growth.
    <bullet> Environmentally sustainable development. Priority will be 
given to proposed activities that will promote renewable energy; energy 
efficiency; or reuse, recycling, or natural resource restoration 
efforts across the region.
    3. Provides High Return on Investment (20%). All applications will 
be evaluated to determine whether they represent a high return on 
investment, as measured by the:
    <bullet> Extent to which the proposed University Center will 
leverage public-private partnerships. Priority will be given to 
proposed activities that will generate strong public-private support 
across the region and leverage private funds.
    <bullet> Degree to which the proposed University Center and its 
activities build upon other local, State, regional, federal, and 
private sector development initiatives. Priority will be given to 
applications that clearly specify how the proposed activities will 
build upon the array of local, State, regional, federal, and private 
sector development efforts occurring in the region to more effectively 
meet regional needs.
    4. Significantly Benefits Regions with Distressed Economies (10%). 
While all applicants must show how the proposed activities will benefit 
distressed regions within the service area, EDA will give additional 
consideration to those applicants that provide concrete evidence 
outlining how their proposed programs are especially well designed to 
significantly benefit distressed regions. As outlined in section I.B of 
the FFO announcement, distress may be defined by areas experiencing 
high levels of unemployment, low income levels, large concentrations of 
low-income families, or significant declines in per capita income 
because of large numbers (or high rates) of business failures, sudden 
major layoffs or plant closures, military base closures, natural or 
other major disasters, depletion of natural resources, reduced tax 
bases, or substantial loss of population because of the lack of 
employment opportunities.
    Selection Factors: EDA expects to fund the highest ranking 
applications. The Selecting Official normally will follow the 
recommendations of the review panel. However, the Selecting Official 
may decide not to make a selection, or he may select an application out 
of rank order for several reasons, including: (i) A determination that 
the application better meets the overall objectives of sections 2 and 
207 of PWEDA (42 U.S.C. 3121 and 3147); (ii) availability of program 
funding; (iii) geographic balance in distribution of program funds; 
(iv) balanced funding for a diverse group of institutions, to include 
smaller and rural institutions, which may form part of a broader 
consortium to serve diverse populations and areas within the regional 
office's territory; (v) the program objectives as provided in section I 
of the FFO announcement; (vi) the applicant's performance under 
previous federal financial assistance awards; or (vii) the overall mix 
of services, service areas, and target audiences in the regional 
office's University Center portfolio. If the Selecting Official makes a 
selection out of rank order, he will document the rationale for the 
decision in writing.
    Informational Teleconferences: For prospective applicants, the 
Austin regional office will hold an informational teleconference on 
April 1, 2010, at 1 p.m. CST. The Denver regional office will hold its 
informational teleconference call on March 19, 2010, at 1 p.m. MST. 
These teleconferences will provide general program information and 
information regarding the preparation of applications for funding under 
this competitive solicitation. To ensure the integrity of this 
competition, EDA will not provide substantive information regarding the 
competition to prospective applicants outside of these scheduled 
teleconferences.
    To ensure that enough incoming lines are available for each caller, 
the Austin regional office requires interested parties planning to 
participate on the teleconference to register no later than 5 p.m. CST 
on March 25, 2010; the Denver regional office requires interested 
parties planning to participate on the teleconference to register no 
later than 5 p.m. MST on March 16, 2010. To register, please send an 
email with ``FY 2010 University Center Teleconference Registration'' in 
the subject line to the designated contact person in the Austin or 
Denver regional office as provided above under FOR FURTHER INFORMATION 
CONTACT. The telephone number and pass code for each teleconference 
will be provided upon registration.
    Please be advised that the informational teleconferences may be 
audio-taped and the actual recordings or a transcript of the actual 
recording may be made available online or otherwise for the benefit of 
prospective applicants unable to participate. Prospective applicants 
who participate on the teleconferences are deemed to consent to the 
taping.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: Administrative and national policy 
requirements for all Department of Commerce awards are applicable to 
this competitive solicitation. These requirements may be found in the 
Department of Commerce Pre-Award Notification Requirements for Grants 
and Cooperative Agreements, which was published in the Federal Register 
on February 11, 2008 (73 FR 7696). This notice may be accessed by 
entering the Federal Register volume and page number provided in the 
previous sentence at the following Web site: http://www.gpoaccess.gov/fr/index.html.

[[Page 10223]]

    Paperwork Reduction Act: This document contains the following 
collections of information subject to the Paperwork Reduction Act (PRA) 
and approved by the Office of Management and Budget (OMB): (i) Form ED-
900 (OMB Control No. 0610-0094); (ii) Form SF-424 (OMB Control No. 
4040-0004); (iii) Form SF-424A (OMB Control No. 4040-0006); (iv) Form 
SF-424B (OMB Control No. 4040-0007); (v) Form SF-LLL (OMB Control No. 
0348-0046). Notwithstanding any other provision of law, no person is 
required to respond 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 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 comments are not required by the 
Administrative Procedure Act or any other law for rules concerning 
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 of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a 
regulatory flexibility analysis has not been prepared.

    Dated: February 26, 2010.
Brian P. McGowan,
Deputy Assistant Secretary of Commerce for Economic Development 
Economic Development Administration.
[FR Doc. 2010-4591 Filed 3-4-10; 8:45 am]
BILLING CODE 3510-24-P


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