25632 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices

13. Where to Obtain Copies of NIST

Publications. Copies of this publication

and NIST publications referenced in

Section 6 are for sale by the National

Technical Information Service (NTIS),

U.S. Department of Commerce,

Springfield, VA 22161; phone (703)

487–4650. When ordering this

publication, refer to Federal Information

Processing Standards Publication 161–2

(FIPSPUB161–2), and title. Payment

may be made by check, money order, or

NTIS deposit account.

[FR Doc. 96–12748 Filed 5–21–96; 8:45 am]

BILLING CODE 3510–CN–M

NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION

[Docket No. 960516134–6134–01]

RIN 0648–ZA23

Financial Assistance for the Pribilof

Environmental Restoration Program.

AGENCY: Office of Administration (OA),

National Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Notice of public meetings and

availability of federal assistance.

SUMMARY: NOAA issues this notice

describing the procedures under which

applications will be accepted, and how

NOAA will determine which

applications it will fund for

environmental restoration work to be

completed on the Pribilof Islands,

Alaska. Pursuant to Public Law 104–91

(PL 104–91), section 3(d) requires the

use of local entities and residents of the

Pribilof Islands, to the maximum extent

practical for completion of

environmental restoration work to be

performed. Applications will be

solicited for projects as defined in the

Two-Party Agreement executed between

NOAA and Alaska Department of

Environmental Conservation (ADEC),

State of Alaska. A copy of the Two-Party

Agreement is included in the NOAA

Application kit for this program. This

notice implements Part I of two parts:

Part I being environmental restoration

work to commence in fiscal year 1996

(FY96), and Part II environmental

restoration work to commence in FY97

and beyond. Public Law 104–91 section

3(f) authorized a maximum of

$10,000,000.00 to be appropriated in

fiscal years 1996, 1997, and 1998 to

carryout all of purposes identified under

P.L. 104–91. The FY96 appropriations

act makes $10,000,000 available for this

year. From this amount, approximately

$2,500,000 will be available for

cooperative agreements awarded to

implement Part I.

DATES: A public meeting to discuss

general pre-award requirements for this

Federal assistance program will be held

on St. George Island, Alaska on May 21,

1996 from 3:00 p.m. to 5:00 p.m. at the

St. George Recreation Hall. A public

meeting will also be held on St. Paul

Island, Alaska on May 22, 1996 from

3:30 p.m. to 5:30 p.m. at the St. Paul

Recreation Hall.

Complete applications must be

received or postmarked by [Insert 45

days from the date of this notice].

Applicants must submit one signed

original and two copies of the complete

application. No facsimile applications

will be accepted. Generally, the time

required to process applications is 60

days from the closing date of the

solicitation.

ADDRESSES: Applications should be sent

to Western Administrative Support

Center (WASC), Facilities and Logistics

Division, 7600 Sand Point Way NE,

Seattle, WA 98115. Telephone: (206)

526–4434 or (206) 526–6160.

Application kits, with instructions for

completion and copies of the Two-Party

Agreement, may be obtained from the

NOAA Grants Management Division,

SSMC2, Room 5416, 1325 East West

Highway, Silver Spring, MD 20910.

Telephone (301) 713–0942.

FOR FURTHER INFORMATION CONTACT: For

questions regarding grants management

policies and interpretation contact:

Steve Drescher at (301) 713–0942. For

information regarding technical aspects

of specific projects: Thanh Minh Trinh

at (206) 526–6647 or Anthony

Mercadante at (206) 526–6674.

SUPPLEMENTARY INFORMATION: A Catalog

of Federal Domestic Assistance (CFDA)

number for this program will be

requested. Part I of this program will

proceed concurrently with NOAA’s

request for inclusion of this program in

the CFDA.

I. Introduction

A. Background

Under the provisions of Public Law

104–91, the Secretary of Commerce

shall, subject to the availability of

appropriations, provide assistance for

the cleanup of landfills, wastes, dumps,

debris, storage tanks, property,

hazardous or unsafe conditions, and

contaminants including petroleum

products and their derivatives, on lands

which the U.S. Government abandoned,

quitclaimed, or otherwise transferred or

are obligated to transfer, to local entities

or residents on the Pribilof Islands,

Alaska pursuant to the Fur Seal Act of

1966 (16 U.S.C. 1151 et seq.), as

amended, or other applicable law.

Work to commence in FY96 under

section one of this notice will include

(a) Surface Debris Removal on both St.

Paul and St. George Islands, and (b)

Underground Storage Tank Removal on

both St. Paul and St. George Islands.

B. Funding

NOAA issues this notice to solicit

applications for federal assistance,

describing the intent to award

cooperative agreements, the procedures

under which applications will be

accepted for Part I and how NOAA will

select the applications it will fund.

Sharing of project costs by applicants

is not required and will not be

considered in the technical evaluation

of proposals.

II. Funding Priorities

Part I of this Program will be on the

removal and disposal/recycling of

surface debris as per the Two Party

Agreement referenced above.

Greatest consideration will be given to

applications that will promote the

economic stability or future selfsufficiency of the recipient.

III. How To Apply

A. Eligible Applicants

Applications for cooperative

agreements may be made in accordance

with the procedures set forth in this

notice, by any local entity or resident of

the Pribilof Islands, as defined in the

Fur Seal Act of 1966 (16 U.S.C. 1151 et

seq.), as amended, and who is a citizen

or national of the United States.

Federal Government employees

including full-time, part-time, and

intermittent personnel are not eligible to

submit an application under this

solicitation.

Assistance from NOAA employees is

available to eligible applicants, by

telephone and will be limited to such

issues, as the program goals, funding,

priorities and application forms. Since

this is a competitive program, assistance

will not be provided in conceptualizing,

developing, or structuring competitive

proposals.

B. Duration and Terms of Funding

Generally, cooperative agreements are

awarded for a period of 1 year, but no

more than 18 months.

If an application for an award is

selected for funding, the Department has

no obligation to provide any additional

future funding in connection with that

award. Amendments to increase funding

or extend the period of performance is

at the discretion of the Department.

Publication of this announcement

does not obligate NOAA to award any

specific grant or cooperative agreement
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices 25633

or to obligate any part of the entire

amount of funds available.

C. Format

Applications for project funding must

be complete, and must identify the

principal participants and include

copies of any agreements between the

participants and the applicant

describing the specific tasks to be

performed. Project applications must

respond to priorities contained in

section II of this document. Project

applications must be submitted in the

format that follows:

1. Cover sheet: An applicant must use

Standard Form 424 (revised 4–92) as a

cover sheet for each project. The forms

are included in the NOAA Application

kit.

2. Project Budget: A budget must be

submitted for each project, using SF–

424A (Rev. 4/92), Budget Information

Non-Construction Programs. The

applicants must submit cost estimates of

the direct total project costs. Estimates

of the direct costs must be specified in

the categories listed on the SF–424A. A

budget narrative/detail must also be

provided as described in the NOAA

Application Kit. The budget may also

include an amount for indirect costs, if

the applicant has an established indirect

cost rate with the Federal Government.

A copy of the current, approved,

negotiated indirect cost Agreement with

the Federal Government must be

included with the application. The total

dollar amount of the indirect costs

proposed in an application under this

program must not exceed the indirect

cost rate negotiated and approved by a

cognizant Federal agency prior to the

proposed effective date of the award or

100 percent of the total proposed direct

costs dollar amount in the application,

whichever is less. This restriction also

applies to any subrecipient of this

program.

Fees or profits are not allowable costs

under the awards.

The total costs of the project consist

of all costs to accomplish the objectives

of the project during the period the

project is conducted. A project begins

on the effective date of an award and

ends on the date specified in the award.

Only costs incurred during the award

period shall be considered allowable,

allocable and reasonable. Accordingly,

the time expended and costs incurred in

either the development of a project or

the financial assistance application, or

in any subsequent discussions or

negotiations prior to awards, are not

reimbursable.

3. Project Narrative Description: The

project must be completed and

accurately described, as follows:

a. Executive Summary. Provide a brief

discussion on the nature of the problem,

the location of the project, and a

historical/background information as it

relates to the project.

b. Project Objectives: State what the

proposed project is expected to

accomplish, and describe how this will

eliminate or reduce the problem(s)

described in 3.a. above.

c. Participation in the project or any

part thereof by Persons or Groups Other

Than the Applicant: Describe the nature

of such participation.

d. Federal, State, and Local

Government Coordination/Activities:

List any existing Federal, state, or local

government programs or activities that

this project would affect, including

activities under state Coastal Zone

Management Plans and those requiring

consultation with Federal Government

under the Endangered Species Act and

the Marine Mammal Protection Act.

Describe the relationship between the

project and these plans or activities.

e. Project Work Plan: The Work Plan

statement of work is an action plan of

activities to be conducted during the

period of the project. This section

requires the applicant to prepare a

detailed narrative, fully describing the

work to be performed that will achieve

the previously articulated objectives. A

milestone chart that outlines major

goals, supporting work activities, and

time frame, and individuals responsible

for various work activities may be used

to describe the work to be performed.

The narrative should include

information that responds to the

following questions:

(1) How will the project be designed?

What design incurred in the

performance of project tasks to criteria

will be used? (e.g., pertinent regulatory

compliance such as environmental and

safety regulations, cost and technology

effectiveness, and etc.)

(2) What will be accomplished? (e.g.,

removal and salvaging of surface debris)

(3) What work, activities or

procedures (be specific as possible) will

be undertaken to accomplish the project

objectives?

(4) Who will be responsible for

carrying out the various activities?

(Highlight work that will be

subcontracted and provisions for

competitive subcontracting). All key

personnel and subcontracts proposed by

the applicant are subject to the review

and approval of NOAA. NOAA will

maintain a high level of substantial

involvement during the project period

to ensure compliance by the recipient

and its subcontractors with all statutory

requirements, including environmental

compliance.

(5) Which regulations govern the

proposed type of work (e.g., state or

federal? Environmental or Safety?,

ADEC’s Soil Remediation or Solid

Waste regulations?) and project

objectives? Who will be responsible for

ensuring that the proposed project

activities and objectives satisfy the

governing regulations?

(6) The narrative/milestone chart

should graphically illustrate:

(a) Steps to accomplish the major

activities;

(b) Critical path(s), supporting

activities, and associated time lines

(e.g., month 1, month 2); and

(c) The individual(s) responsible for

the various activities. This information

is critical to understanding and

reviewing the application. NOAA

encourages applicants to provide

sufficient detail. Applications lacking

sufficient detail will be eliminated from

further consideration.

f. Project Management and Personnel

Qualifications: Describe how the project

will be organized and managed. Provide

an organizational chart and line of

communication. List all persons directly

employed by the applicant who will be

involved in the project, their

qualifications, experience, and level of

involvement in the project. If any

portion of the project will be conducted

through consultants and/or

subcontractors, applicants, as

appropriate, must follow procurement

guidance in 15 CFR part 24, ‘‘Grants and

Cooperative Agreements to State or

Local Governments’’, or OMB Circular

A–110 for Institutions of Higher

Education, Hospitals, and other Nonprofit Organizations, Commercial

Organizations and individuals. If a

consultant and/or subcontractor is

selected prior to the submission of an

application, include the name and

qualifications of the consultant and/or

subcontractor and the process used for

selection.

IV. Evaluation of Proposed Projects

NOAA will solicit technical

evaluations of each project application

from a Source Evaluation Board

composed of appropriate public sector

experts. Individual point scores will be

given to project applications, based on

the following criteria:

1. Problem Description and

Conceptual Approach for Resolution.

Both the applicant’s comprehension of

the problem(s) and the overall concept

proposed to resolve the problem(s) will

be evaluated. (25 points)

2. Soundness of Project Design/

Technical Approach. Applications will

be evaluated to determine whether or

not the applicant provided sufficient
25634 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices

information to evaluate the project

technically and, if so, the strengths and/

or weaknesses of the technical design

proposed for problem resolution. (25

points)

3. Project Management and

Experience and Qualification of

Personnel. The organization and

management of the project, and other

key personnel in terms of related

experience and qualifications will be

evaluated. Those projects that do not

identify the key personnel or project

manager with his or her qualifications

will receive a lower point score. (20

points)

In reviewing and evaluating

applications that include consultants

and subcontracts, NOAA will consider

the following additional criteria:

a. Is the involvement of the primary

applicant necessary to conduct the

project and the accomplishment of its

goals and objectives?

b. Is the proposed allocation of the

primary applicant’s time reasonable and

commensurate with the applicant’s

involvement in the project?

c. Are the proposed costs for the

primary applicant’s involvement in the

project reasonable and commensurate

with the benefits to be derived from the

applicant’s participation?

4. Project Evaluation. The

effectiveness of the applicant’s proposed

methods to evaluate the project in terms

of meeting its goals and objectives will

be evaluated. (10 points)

5. Project Costs. The justification and

allocation of the budget in terms of the

work to be performed and reasonable

costs will be evaluated. (20 points)

V. Selection Procedures and Project

Funding

After applications have been

evaluated and ranked, the Director

WASC, will select from the highestranked applicants the number of

projects recommended for funding,

ensuring that there is no duplication

with other projects to be funded by

NOAA or other Federal organizations.

The list of recommended applicants will

be forwarded to NOAA Grants

Management Division to issue the

award(s). Applicants not recommended

for funding are not given further

consideration and will be notified of

non-selection.

The exact amount of the funds

awarded to a project will be determined

in pre-award negotiations between the

applicant and NOAA program and

grants management representatives.

Projects/remediation should not be

initiated in expectation of Federal

funding until a notice of award

document is signed and issued by the

Grants Officer.

It is the Department’s policy to make

awards to applicants who are

competently managed, responsible, and

committed to achieving the objectives of

the awards they receive. Adverse

information concerning the applicant’s

financial stability, past experience with

Federal grants, and other information

about the applicant’s responsibility may

result in an application not being

considered for funding.

VI. Administrative Requirements

A. Obligation of the Applicant

1. An Applicant must:

a. Meet all application requirements

and provide all information necessary

for the evaluation of the project

proposal.

b. Be available, upon request, in

person, by telephone or by designated

representative, to respond to questions

during the review and evaluation of the

project proposal.

2. Primary Applicant Certification.

Applicants will be required to submit a

completed Form CD–511, ‘‘Certification

Regarding Debarment, Suspension and

Other Responsibility Matters; Drug Free

Workplace Requirements and

Lobbying’’. The following explanations

are hereby provided:

a. Nonprocurement Debarment and

Suspension. Prospective participants (as

defined at 15 CFR part 26, Section 105)

are subject to 15 CFR Part 26,

‘‘Nonprocurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies;

b. Drug-Free Workplace. Grantees (as

defined at 15 CFR Part 26, Section 605)

are subject to 15 CFR part 26, Subpart

F, ‘‘Government wide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies;

c. Anti-Lobbying. Person(s) (as

defined at 15 CFR Part 28, Section 105)

are subject to the lobbying provision of

31 U.S.C. 1352, ‘‘Limitation on use of

appropriated funds to influence certain

Federal contracting and financial

transactions’’. 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, which ever

is greater; and

d. Anti-Lobbying Disclosure. Any

applicant that has paid or will pay for

lobbying using any funds must submit

Standard Form SF–LLL, ‘‘Disclosure of

Lobbying Activities,’’ as required under

15 CFR Part 28, Appendix B.

3. Lower Tier Certifications.

Successful applicants shall require

applicants/bidders for subgrants,

contracts, subcontractors, 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 of

subrecipients 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 awards document.

B. Other Requirements

1. Federal Policies and Procedures.

Recipients and subrecipients are subject

to all Federal laws and Federal and DOC

policies, regulations, and procedures

applicable to Federal financial

assistance awards.

2. Name check review. All non-profit

and for profit applicants are subject to

a name check review process. Name

checks are intended to reveal if any key

individuals associated with the

recipient have been convicted of, or are

presently facing, criminal charges such

as fraud, theft, perjury, or other matters

that significantly reflect on the

recipient’s management, honesty, or

financial integrity.

3. False Statements. A false statement

on the application is grounds for denial

or termination of funds and grounds for

possible punishment by a fine or

imprisonment (18 U.S.C. 1001).

4. Past Performance. Unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for funding.

5. Delinquent Federal Debts. No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either:

a. The delinquent account is paid in

full;

b. A negotiated repayment schedule is

established and at least one payment is

received; or

c. Other arrangements satisfactory to

DOC are made.

6. Buy American-Made Equipment or

Products. Applicants are hereby notified

that they are encouraged, to the extent

feasible, to purchase American-made

equipment and products with funding

under this program.

7. Preaward Activities. If applicants

incur any costs prior to an award being
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices 25635

made, they do so solely at their own risk

of not being reimbursed by the

Government. Notwithstanding any

verbal or written assurance that may

have been received, there is no

obligation on the part of DOC to cover

Preaward costs.

VII. Classification

A notice of availability of financial

assistance for this program will also

appear in the Commerce Business Daily.

This action has been determined to be

not significant for purposes of E.O.

12866.

Applications under this program are

subject to E.O. 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

The application mentioned in this

notice is subject to the Paperwork

Reduction Act. It has been approved by

the Office of Management and Budget

under control numbers 0348–0043,

0348–0044, and 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 Paperwork

Reduction Act, unless that collection

displays a current valid OMB Control

Number.

Authority: Public Law 104–91.

Dated: May 16, 1996.

Michael J. Nelson,

Acting Director, Procurement, Grants and

Administrative Services, Office of Finance

and Administration.

[FR Doc. 96–12768 Filed 5–17–96; 2:27 pm]

BILLING CODE 3510–12–U

National Oceanic and Atmospheric

Administration

[I.D. 051396F]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of permit 988,

amendment 1 to permit 942, and

modification 2 to permit 962.

SUMMARY: Notice is hereby given that

NMFS issued Permit 988, Amendment 1

to Permit 942, and Modification 2 to by

Permit 962, permits to take listed sea

turtles for the purpose of scientific

research, subject to certain conditions

set forth therein.

ADDRESSES: The applications, permits,

and related documents are available for

review by appointment in the following

offices:

Office of Protected Resources, F/PR8,

NMFS, 1315 East-West Hwy., Room

13307, Silver Spring, MD 20910–3226

(301–713–1401); and

Director, Southeast Region, NMFS,

NOAA, 9721 Executive Center Drive, St.

Petersburg, FL 33702–2432 (813–893–

3141) for Permits 942 and 962

or

Director, Southwest Region, NMFS,

NOAA, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213

(310–980–4016) for Permit 988.

SUPPLEMENTARY INFORMATION: Notice

was published on January 23, 1996 (61

FR 1748) that an application had been

filed by Dr. Peter Dutton of NMFS

Southwest Fisheries Science Center and

Donna McDonald of Ocean Planet

Research, Inc. (P602) to take listed sea

turtles for scientific research as

authorized by the Endangered Species

Act of 1973 (ESA) (16 U.S.C. 1531–

1543) and NMFS regulations governing

listed fish and wildlife permits (50 CFR

parts 217–222). The applicants

requested authorization to capture 50

green (Chelonia mydas), 5 olive ridley

(Lepidochelys olivacea), and 5

loggerhead (Caretta caretta) sea turtles

in San Diego Bay. The turtles would be

measured, weighed, have blood and

stomach samples taken, and have tags

and transmitters attached. The purpose

of the research is to reassess the status

of sea turtles in San Diego Bay. The

applicants requested a 5-year permit. On

May 10, 1996, NMFS issued Permit 988

authorizing the above research.

Notice was published on February 29,

1996 (61 FR 7776) that a four-year

extension to Permit 962 had been

requested by Carlos Diez and Robert van

Dam of the University of Central Florida

(P509B) to take listed sea turtles for

scientific research as authorized by the

ESA. On May 10, 1996, NMFS issued

Modification 2 to Permit 962, extending

it until May 31, 2000. The applicants are

authorized to capture listed sea turtles

in Puerto Rico.

On April 25, 1996, as authorized by

the ESA, NMFS issued Amendment 1 to

Permit 942 held by Jane Anne

Provancha of the Dynamac Corporation

(P576). This amendment updated the

permit conditions regarding netting to

capture sea turtles, so as to avoid

interaction with any species not

authorized in the permit.

Issuance of this permit, modification,

and amendment, as required by the

ESA, was based on a finding that these

actions: (1) Were applied for in good

faith, (2) will not operate to the

disadvantage of the listed species that

are the subject of the actions, and (3) are

consistent with the purposes and

policies set forth in section 2 of the

ESA.

Dated: May 14, 1996.

Eric H. Ostrovsky,

Acting Chief, Endangered Species Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 96–12784 Filed 5–21–96; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 050896A]

Marine Mammals; Permit No. 728

(P36C)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of modification.

SUMMARY: Notice is hereby given that

permit no. 728, issued to Dr. Bernd

Wu ̈rsig and Dr. Graham Worthy, Marine

Mammal Research Program, Department

of Marine Biology, Texas A&M

University, P.O. Box 1675, Galveston,

TX 77553–1675, to take Atlantic

bottlenose dolphins (Tursiops

truncatus) was extended until December

31, 1996.

ADDRESSES: The modification and

related documents are available for

review upon written request or by

appointment in the following offices:

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13130 Silver Spring,

MD 20910 (301/713–2289); and

Southeast Region, NMFS, 9721

Executive Center Drive, North, St.

Petersburg, FL 33702–2532 (813/570–

5301).

SUPPLEMENTARY INFORMATION: The

subject modification has been issued

under the authority of the Marine

Mammal Protection Act of 1972, as

amended (16 U.S.C. 1361 et seq.) and

the provisions of paragraphs (d) and (e)

of § 216.33 of the Regulations Governing

the Taking and Importing of Marine

Mammals (50 CFR part 216).

Dated: May 13, 1996.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 96–12782 Filed 5–21–96; 8:45 am]

BILLING CODE 3510–22–F

Patent and Trademark Office

Notice of Two Year Exclusivity Period;

DAYPRO Oxaprozin

AGENCY: Patent and Trademark Office,

Commerce.