24838 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

Period Company Rate

(percent)

September 17, 1992–December 31, 1992 ............................................................................................. ASW Limited ....................... 20.33

All other companies ............ 7.03

January 1, 1993–January 14, 1993 ....................................................................................................... ASW Limited ....................... 20.33

UES .................................... 2.68

All other companies ............ 9.76

March 22, 1993–December 31, 1993 .................................................................................................... ASW Limited ....................... 20.33

UES .................................... 2.68

All other companies ............ 9.76

The Department also intends to

instruct the Customs Service to collect

a cash deposit of estimated

countervailing duties of 20.33 percent of

the f.o.b. invoice price on all shipments

of the subject merchandise from ASW

Limited, 2.68 percent of the f.o.b.

invoice price on all shipments of the

subject merchandise from UES, and 9.76

percent of the f.o.b. invoice price on all

shipments of the subject merchandise

from all other companies, except

Glynwed (which was excluded from the

order during the original investigation),

entered, or withdrawn from warehouse,

for consumption on or after the date of

publication of the final results of this

review.

Interested parties may request

disclosure of the calculation

methodology and may request a hearing

within 10 days of the date of

publication. Case briefs or other written

comments from interested parties may

be submitted not later than 30 days after

the date of publication of this notice.

Rebuttal briefs and rebuttal comments,

limited to issues raised in the case

briefs, may be filed not later than 37

days after the date of publication. Any

hearing, if requested, will be held seven

days after the scheduled date for

submission of rebuttal briefs. Copies of

case briefs and rebuttal briefs must be

served on interested parties in

accordance with section 355.38(e) of the

Commerce regulations.

Representatives of parties to the

proceeding may request disclosure of

proprietary information under

administrative protective order no later

than 10 days after the representative’s

client or employer becomes a party to

the proceeding, but in no event later

than the date the case briefs, under

section 355.38(c), are due.

The Department will publish the final

results of this administrative review

including the results of its analysis of

issues raised in any case or rebuttal brief

or at a hearing.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)) and 19

CFR 355.22.

Dated: May 3, 1995.

Paul L. Joffe,

Deputy Assistant Secretary for Import

Administration.

[FR Doc. 95–11530 Filed 5–9–95; 8:45 am]

BILLING CODE 3510–DS–P

Applications for Duty-Free Entry of

Scientific Instruments

Pursuant to Section 6(c) of the

Educational, Scientific and Cultural

Materials Importation Act of 1966 (Pub.

L. 89–651; 80 Stat. 897; 15 CFR part

301), we invite comments on the

question of whether instruments of

equivalent scientific value, for the

purposes for which the instruments

shown below are intended to be used,

are being manufactured in the United

States.

Comments must comply with 15 CFR

301.5(a)(3) and (4) of the regulations and

be filed within 20 days with the

Statutory Import Programs Staff, U.S.

Department of Commerce, Washington,

D.C. 20230. Applications may be

examined between 8:30 A.M. and 5:00

P.M. in Room 4211, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C.

Docket Number: 95–028. Applicant:

University of Rhode Island, Graduate

School of Oceanography, Narragansett,

RI 02882. Instrument: Chlorophyll

Fluorescence Measuring System, Model

PAM 101. Manufacturer: Heinz Walz

GmbH, Germany. Intended Use: The

instrument will be used to perform

fluorescence measurements on natural

and experimental phytoplankton to

ascertain characteristics of productivity.

Application Accepted by Commissioner

of Customs: April 6, 1995.

Docket Number: 95–029. Applicant:

University of Minnesota, Department of

Civil Engineering, 500 Pillsbury Drive

SE, Minneapolis, MN 55455.

Instrument: Gyratory Compactor.

Manufacturer: Invelop Oy, Finland.

Intended Use: The instrument will be

used for studies of typical asphalts with

polymer modified binders and portions

of mineral aggregates with such

materials as recycled tire rubber, glass,

and roofing shingles. Experiments will

be conducted to determine changes in

angle and speed of gyration, axial

confinement, and sample size required

to most closely approximate field

compaction conditions, shear resistance

and in-place volumetrics. This

instrument will also be used for

teaching purposes in the Civil

Engineering Department courses on

Bituminous Mixtures (CE 5701) and

Special Topics in Research (CE 8089).

Application Accepted by Commissioner

of Customs: April 7, 1995.

Docket Number: 95–031. Applicant:

University of Maryland, Linguistics

Department, 1401 Marie Mount Hall,

College Park, MD 20742-7515.

Instrument: Monocular Oculometer for

the Human Eye. Manufacturer: Dr.

Bouis, Germany. Intended Use: The

instrument will be used to record eye

movements during continuous reading

of individual sentences and text in

experiments involving individual

subjects tested on linguistic materials.

Application Accepted by Commissioner

of Customs: April 10, 1995.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 95–11528 Filed 5–9–95; 8:45 am]

BILLING CODE 3510–DS–F

Minority Business Development

Agency

Solicitation of Business Development

Center Applications for Charleston, SC

and Brooklyn, NY

AGENCY: Minority Business

Development Agency, Commerce.

SUMMARY: In accordance with Executive

Order 11625 and 15 U.S.C. 1512, the

Minority Business Development Agency

(MBDA) is soliciting competitive

applications from organizations to

operate the Minority Business

Development Center (MBDC) listed in

this document.

The purpose of the MBDC Program is

to provide business development

services to the minority business

community to help establish and

maintain viable minority businesses. To
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24839

this end, MBDA funds organizations to

identify and coordinate public and

private sector resources on behalf of

minority individuals and firms; to offer

a full range of client services to minority

entrepreneurs; and to serve as a conduit

of information and assistance regarding

minority business.

Proper identification is required for

entrance into any Federal building.

DATES: The closing date for applications

for each MBDC is listed below:

ADDRESSES: Completed application

packages should be submitted on or

before the closing date to the U.S.

Department of Commerce, Minority

Business Development Agency, MBDA

Executive Secretariat, 14th and

Constitution Avenue, N.W., Room 5073,

Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION: The

following are MBDCs for which

applications are solicited:

1. MBDC Application: Charleston

Metropolitan Area Serviced:

Charleston, South Carolina

Award Number: 04–10–95013–01

Closing Date for Applications: June

16, 1995

For Further Information and an

Application Package, Contact:

Robert Henderson, Regional

Director, (404) 730–3300

Pre-Application Conference: May 31,

1995, at 9:00 a.m., at the Atlanta

Regional Office, 401 W. Peachtree

Street, N.W., Suite 1715, Atlanta,

Georgia 30308–3516, (404) 730–

3300.

Cost of Performance Information:

Contingent upon the availability of

Federal funds, the cost of

performance for the first budget

period (13 months) from October 1,

1995 to October 31, 1996, is

estimated at $198,971. The total

Federal amount is $169,125 and is

composed of $165,000 plus the

Audit Fee amount of $4,125. The

application must include a

minimum cost share of 15%,

$29,846 in non-federal (costsharing) contributions for a total

project cost of $198,971. Costsharing contributions may be in the

form of cash, client fees, third party

in-kind contributions, non-cash

applicant contributions or

combinations thereof.

2. MBDC Application: Brooklyn

Metropolitan Area Serviced:

Brooklyn, New York

Award Number: 02–10–95012–01

Closing Date for Applications: June

19, 1995

For Further Information and an

Application Package, Contact:

Heyward Davenport, Regional

Director, at (212) 264–3262

Cost of Performance: Contingent upon

the availability of Federal funds, the

cost of performance for the first

budget period (13 months) from

October 1, 1995 to October 31,

1996, is estimated at $343,676. The

total Federal amount is $292,125

and is composed of $285,000 plus

the Audit Fee amount of $7,125.

The application must include a

minimum cost share of 15%,

$51,551 in non-federal (costsharing) contributions for a total

project cost of $343,676. Costsharing contributions may be in the

form of cash, client fees, third party

in-kind contributions, non-cash

applicant contributions or

combinations thereof.

Standard Paragraphs—The following

information and requirements are

applicable to the above-listed MBDCs.

The funding instrument for this

project will be a cooperative agreement.

If the recommended applicant is the

current incumbent organization, the

award will be for 12 months. For those

applicants who are not incumbent

organizations or who are incumbents

that have experienced closure due to a

break in service, a 30-day start-up

period will be added to their first budget

period, making it a 13-month award.

Competition is open to individuals,

non-profit and for-profit organizations,

state and local governments, American

Indian tribes and educational

institutions.

Applications will be evaluated on the

following criteria: the knowledge,

background and/or capabilities of the

firm and its staff in addressing the needs

of the business community in general

and, specifically, the special needs of

minority businesses, individuals and

organizations (45 points), the resources

available to the firm in providing

business development services (10

points); the firm’s approach (techniques

and methodologies) to performing the

work requirements included in the

application (25 points); and the firm’s

estimated cost for providing such

assistance (20 points). An application

must receive at least 70% of the points

assigned to each evaluation criteria

category to be considered

programmatically acceptable and

responsive. Those applications

determined to be acceptable and

responsive will then be evaluated by the

Director of MBDA. Final award

selections shall be based on the number

of points received, the demonstrated

responsibility of the applicant, and the

determination of those most likely to

further the purpose of the MBDA

program. Negative audit findings and

recommendations and unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for award. The applicant

with the highest point score will not

necessarily receive the award. Periodic

reviews culminating in year-to-date

evaluations will be conducted to

determine if funding for the project

should continue. Continued funding

will be at the total discretion of MBDA

based on such factors as the MBDC’s

performance, the availability of funds

and Agency priorities.

The MBDC shall be required to

contribute at least 15% of the total

project cost through non-federal

contributions. To assist in this effort, the

MBDC may charge client fees for

services rendered. Fees may range from

$10 to $60 per hour based on the gross

receipts of the client’s business.

Anticipated processing time of this

award is 120 days. Executive order

12372, ‘‘Intergovernmental Review of

Federal Programs,’’ is not applicable to

this program. Federal funds for this

project include audit funds for non-CPA

recipients. In event that a CPA firm

wins the competition, the funds

allocated for audits are not applicable.

Questions concerning the preceding

information can be answered by the

contact person indicated above, and

copies of application kits and applicable

regulations can be obtained at the above

address. The collection of information

requirements for this project have been

approved by the Office of Management

and Budget (OMB) and assigned OMB

control number 0640–0006.

Awards under this program shall be

subject to all Federal laws, and Federal

and Departmental regulations, policies,

and procedures applicable to Federal

financial assistance awards.

Pre-Award Costs—Applicants are

hereby notified that if they incur any

costs prior to an award being made, they

do so solely at their own risk of not

being reimbursed by the Government.

Notwithstanding any verbal assurance

that an applicant may have received,

there is no obligation on the part of the

Department of Commerce to cover preaward costs.

Outstanding Account Receivable—No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either the

delinquent account is paid in full,

repayment schedule is established and

at least one payment is received, or

other arrangements satisfactory to the

Department of Commerce are made.

Name Check Policy—All non-profit

and for-profit applicants are subject to a

name check review process. Name
24840 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

checks are intended to reveal if any key

individuals associated with the

applicant have been convicted of or are

presently facing criminal charges such

as fraud, theft, perjury or other matters

which significantly reflect on the

applicant’s management honesty or

financial integrity.

Award Termination—The

Departmental Grants Officer may

terminate any grant/cooperative

agreement in whole or in part at any

time before the date of completion

whenever it is determined that the

award recipient has failed to comply

with the conditions of the grant/

cooperative agreement. Examples of

some of the conditions which can cause

termination are failure to meet costsharing requirements; unsatisfactory

performance of the MBDC work

requirements; and reporting inaccurate

or inflated claims of client assistance.

Such inaccurate or inflated claims may

be deemed illegal and punishable by

law.

False Statements—A false statement

on an application for Federal financial

assistance is grounds for denial or

termination of funds, and grounds for

possible punishment by a fine or

imprisonment as provided in 18 U.S.C.

1001.

Primary Applicant Certifications—All

primary applicants must submit a

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying.’’

Nonprocurement Debarment and

Suspension—Prospective participants

(as defined at 15 CFR Part 26, § 26.105)

are subject to 15 CFR Part 26,

‘‘Nonprocurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies.

Drug Free Workplace—Grantees (as

defined at 15 CFR Part 26, § 26.605) are

subject to 15 CFR Part 26, Subpart F,

‘‘Governmentwide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies.

Anti-Lobbying—Persons (as defined at

15 CFR Part 28, § 28.105) are subject to

the lobbying provisions of 31 U.S.C.

1352, ‘‘Limitation on use of

appropriated funds to influence certain

Federal contracting and financial

transactions,’’ and the lobbying section

of the certification form prescribed

above applies to applications/bids for

grants, cooperative agreements, and

contracts for more than $100,000, and

loans and loan guarantees for more than

$150,000 or the single family maximum

mortgage limit for affected programs,

whichever is greater.

Anti-Lobbying Disclosures—Any

applicant that has paid or will pay for

lobbying using any funds must submit

an SF–LLL, ‘‘Disclosure of Lobbying

Activities,’’ as required under 15 CFR

Part 28, Appendix B.

Lower Tier Certifications—Recipients

shall require applications/bidders for

subgrants, contracts, subcontracts, or

other lower tier covered transactions at

any tier under the award to submit, if

applicable, a completed Form CD–512,

‘‘Certifications Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion-Lower Tier Covered

Transactions and Lobbying’’ and

disclosure form, SF–LLL, ‘‘Disclosure of

Lobbying Activities.’’ Form CD–512 is

intended for the use of recipients and

should not be transmitted to DOC. SF–

LLL submitted by any tier recipient or

subrecipient should be submitted to

DOC in accordance with the

instructions contained in the award

document.

Buy American-made Equipment or

Products—Applicants are hereby

notified that they are encouraged, to the

extent feasible, to purchase Americanmade equipment and products with

funding provided under this program in

accordance with Congressional intent as

set forth in the resolution contained in

Public Law 103–121, Sections 606 (a)

and (b).

11.800 Minority Business Development

Center

(Catalog of Federal Domestic Assistance)

May 4, 1995.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 95–11461 Filed 5–9–95; 8:45 am]

BILLING CODE 3510–21–P

National Oceanic and Atmospheric

Administration

[I.D. 050195E]

Small Takes of Marine Mammals

Incidental to Specified Activities;

Lockheed Launch Vehicles at

Vandenberg Air Force Base, CA

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of application

and proposed authorization for a small

take exemption; request for comments.

SUMMARY: NMFS has received a request

from Lockheed Environmental Systems

and Technologies Company, Las Vegas,

NV (Lockheed) for authorization to take

small numbers of harbor seals by

harassment incidental to launches of

Lockheed’s launch vehicles at Space

Launch Complex 6 (SLC–6), Vandenberg

Air Force Base, CA (Vandenberg). Under

the Marine Mammal Protection Act

(MMPA), NMFS is requesting comments

on its proposal to authorize Lockheed to

incidentally take, by harassment, small

numbers of harbor seals in the vicinity

of Vandenberg for a period of 1 year.

DATES: Comments and information must

be received no later than June 9, 1995.

ADDRESSES: Comments on the

application should be addressed to

Chief, Marine Mammal Division, Office

of Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910. A

copy of the application and the

references used in this document may

be obtained by writing to this address or

by telephoning one of the contacts listed

below.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, Office of

Protected Resources at 301–713–2055,

or Craig Wingert, Southwest Regional

Office at 310–980–4021.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the MMPA (16

U.S.C. 1361 et seq.) directs the Secretary

of Commerce to allow, upon request, the

incidental, but not intentional taking of

marine mammals by U.S. citizens who

engage in a specified activity (other than

commercial fishing) within a specified

geographical region if certain findings

are made and regulations are issued.

Permission may be granted if NMFS

finds that the taking will have a

negligible impact on the species or

stock(s); will not have an unmitigable

adverse impact on the availability of the

species or stock(s) for subsistence uses;

and the permissible methods of taking

and requirements pertaining to the

monitoring and reporting of such taking

are set forth.

On April 30, 1994, the President

signed Public Law 103–238, The Marine

Mammal Protection Act Amendments of

1994. One part of this law added a new

subsection 101(a)(5)(D) to the MMPA to

establish an expedited process by which

citizens of the United States can apply

for an authorization to incidentally take

small numbers of marine mammals by

harassment. The MMPA defines

‘‘harassment’’ as:

‘‘ * * *any act of pursuit,torment, or

annoyance which (a) has the potential to

injure a marine mammal or marine mammal

stock in the wild; or (b) has the potential to

disturb a marine mammal or marine mammal