Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Notices 28177

and crystals of ZnO-type materials and

transition metal chalcogenides such as

MoS2, NbS, TaS, WS or ReS. There will

also be studies of thin film materials

that are laterally homogeneous, but

which have compositional variation

with depth. The instrument will also be

routinely incorporated into advanced

undergraduate and graduate courses,

such as CHEM 338—Advanced

Analytical Chemistry and CHEM 350—

Special Topics—Electron Microscopy

for Surface Analysis. Application

Accepted by Commissioner of Customs:

March 14, 1996.

Docket Number: 96–037. Applicant:

Massachusetts Institute of Technology,

77 Massachusetts Avenue, Cambridge,

MA 02139. Instrument: Microprobe

Laser Ablation System. Manufacturer:

VG Fisons, United Kingdom. Intended

Use: The instrument will be used for the

trace element chemical analysis of

environmental materials such as marine

sediments, fossils and rocks. The

research will be focused on the

mechanisms responsible for

fractionation of minor elements between

mineral phases, but will also include

paleoclimatological studies based on the

trace element composition of fossil

shells. Application Accepted by

Commissioner of Customs: March 15,

1996.

Docket Number: 96–038. Applicant:

Purdue University, Department of

Biological Science, Lilly Hall, West

Lafayette, IN 49707. Instrument:

Stopped-Flow Fluorimeter, Model

SX.17MV. Manufacturer: Applied

Photophysics Ltd., United Kingdom.

Intended Use: The instrument will be

used to measure the binding and

insertion of proteins into membranes

through changes in fluorescence

properties of the protein upon binding.

The ‘‘stopped-flow’’ aspect will allow

the protein to be mixed very rapidly (1/

1000 of a second, or ‘‘millisecond’’), so

that the time course of the binding

insertion of the protein into the

membrane can be followed through the

variation with time. In addition, the

instrument will be used to train

graduate and postdoctoral students in

use of fast fluorescence methods for

studies on protein structure and

conformation. Application Accepted by

Commissioner of Customs: March 15,

1996.

Docket Number: 96–039. Applicant:

Columbia University, Lamont-Doherty

Observatory, Route 9W, Palisades, NY

10964–8000. Instrument: Mass

Spectrometer, Model VG 5400.

Manufacturer: Fisons Instruments,

United Kingdom. Intended Use: The

instrument will be used for argon

isotope measurements of rocks and

minerals in investigations of the ages of

rocks for earth science questions. In

addition, the instrument will be used for

training of graduate students in methods

of noble gas analysis. Application

Accepted by Commissioner of Customs:

March 20, 1996.

Docket Number: 96–040. Applicant:

Washington University, Department of

Earth and Planetary Science, One

Brookings Drive, St. Louis, MO 63130–

4899. Instrument: ICP Mass

Spectrometer, Model Element.

Manufacturer: Finnigan MAT, Germany.

Intended Use: The instrument will be

used to provide accurate elemental and

isotopic information about the trace and

minor element compositions of

geological and environmental samples

such as rocks, meteorites, sediments,

oils, and natural waters. In addition, the

analytical capabilities of the instrument

will be used in laboratory experiments

of mineral solubility, trace element

partitioning, oxidation-reduction

reactions involving transition metals

and organic compounds and the

consequences of water/rock reactions.

The instrument will also be used for

educational purposes in undergraduate

biogeochemistry and environmental

geochemistry courses. Application

Accepted by Commissioner of Customs:

March 21, 1996.

Docket Number: 96–041. Applicant:

Medical College of Georgia, 1120 15th

Street, Augusta, GA 30912. Instrument:

Electron Microscope, Model JEM–1010.

Manufacturer: JEOL Ltd., Japan.

Intended Use: The instrument will be

used for traditional TEM studies of cell

morphology in transgenic animals,

immunoelectron microscopy of tissue

samples and subcellular fractions to

identify the localization of important

new antigens and in vitro examination

of isolated cytoskeletal structures. In

addition, the instrument will be used for

teaching graduate students and postdoctoral fellows techniques of

ultrastructural analysis. Application

Accepted by Commissioner of Customs:

March 22, 1996.

Docket Number: 96–042. Applicant:

University of Kansas, Department of

Geology, 120 Lindley Hall, Lawrence,

KS 66045. Instrument: Mass

Spectrometer, Model PlasmaQuad XS.

Manufacturer: Fisons Instruments, Inc,

United Kingdom. Intended Use: The

instrument will be used to measure the

chemical composition of natural

igneous rocks, minerals, ground water,

brines and carbonates to determine the

concentration of a wide range of

elements. The resulting geochemical

data will be used to further many areas

of basic research in the Geology

Department. The instrument will also be

used in the training of graduate students

in the techniques of geochemical

analysis. Application Accepted by

Commissioner of Customs: March 27,

1996.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 96–13969 Filed 6–3–96; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

[Docket No. 950616159–6146–03; I.D.

052496C]

RIN 0648–ZA16

Fishing Capacity Reduction Program

(FCRP)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of proposed program and

request for comments.

SUMMARY: NMFS issues this notice to

describe the proposed FCRP

requirements and to solicit comments

on the proposal. The proposed FCRP is

a $25 million program designed to

provide grants to the owners of fishing

vessels participating in the Northeast

multispecies limited access groundfish

fishery who are willing to scrap or make

their vessels permanently ineligible to

participate in any of the fisheries of the

United States and to surrender all

associated Federal fish harvesting

permits.

DATES: Comments must be submitted on

or before July 1, 1996.

ADDRESSES: Comments should be sent to

the Financial Services Division,

National Marine Fisheries Service, 1315

East West Hwy., Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Michael Grable, (301) 713–2390, fax

(301) 589–2686.

SUPPLEMENTARY INFORMATION:

I. Background

Under the provisions of Public Law

103–211, the Emergency Supplemental

Appropriations Act of 1994, $2 million

was made available as part of the

Northeast Fisheries Assistance Program

for a pilot FCRP, which was called the

Fishing Capacity Reduction

Demonstration Program (pilot program).

The purpose of this program was to test

an approach for permanently reducing

the fishing capacity in the Northeast

multispecies groundfish fishery. On

October 11, 1995, NOAA announced
28178 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Notices

that 114 vessel owners, with vessels

worth over $52 million and representing

31 percent of the active groundfish

capacity, applied to participate in the

pilot program. Under the pilot program,

NOAA has made grant awards to 11

vessel owners totaling $1.89 million. In

addition to the 11 Federal multispecies

limited access fishing permits

surrendered under the pilot program, an

additional 15 limited access fishing

permits for the summer flounder, ocean

quahog, squid, mackerel, and butterfish

fisheries were retired as well. Overall,

the pilot program has proven that a

vessel removal program can be

successfully designed and implemented,

and that there is substantial interest

within the fishing industry to

participate in such a program.

As a result of the August 2, 1995,

declaration of a fishery resource disaster

by the Secretary of Commerce

(Secretary), $25 million in emergency

disaster assistance has been made

available to NOAA for an expanded

fishing capacity reduction program. The

authority for this program is contained

in section 308(d) of the

Interjurisdictional Fisheries Act (IFA) of

1986 (16 U.S.C. 4107(d)), as amended.

Recent amendments to the IFA

require that as a condition of awarding

assistance under this program, the

Secretary shall prohibit the vessel from

being used for fishing and require that

the vessel be (a) scrapped or otherwise

disposed of in a manner approved by

the Secretary; or (b) donated to a

nonprofit organization and thereafter

used only for purposes of research,

education, or training; or (c) used for

another non-fishing purpose, provided

the Secretary determines that adequate

measures are in place to ensure that the

vessel cannot reenter any fishery. The

amendments to the IFA also state that

any vessel prohibited from fishing

under this program will be permanently

ineligible to hold a fishery endorsement.

NMFS has preliminarily determined

that the only effective way to ensure

that a vessel cannot reenter any state or

Federal fishery is to require that a

vessel’s Coast Guard document has a

permanent restriction prohibiting that

vessel from holding a fishery

endorsement. Consequently, successful

applicants with undocumented vessels

would be required to scrap their vessels.

Like the pilot program, voluntary

sinking will be allowed as long as it is

conducted in compliance with all

applicable Federal, state and local

environmental laws and regulations.

For documented vessels that obtain

the necessary fishery endorsement

restriction, NMFS is considering

allowing the transfer of a vessel to a

public entity or nonprofit organization

for research (including fisheries

research), education, training,

humanitarian, safety, or law

enforcement purposes, but will

entertain comments on other

appropriate reuses. If a vessel is

transferred, NMFS is proposing that the

entity to which the vessel is transferred

will be required to scrap it once the

vessel has served the purpose for which

it was transferred to that entity. NMFS

also specifically requests comment on

the possibilities of vessel reuse and the

transfer of vessels to private and public

foreign entities, as well as domestic

entities, for the limited purposes set

forth in the amended IFA.

II. Definitions

Regulated groundfish species—those

species that are regulated under the

Northeast Multispecies Fishery

Management Plan and are limited to

cod, haddock, pollock, yellowtail

flounder, winter flounder, gray sole,

American plaice, windowpane flounder,

white hake and redfish.

Valid multispecies limited access

permit—those limited access permits

defined in the regulations implementing

the Northeast Multispecies Fishery

Management Plan, as amended by

Amendment 7, 50 CFR part 651.4(b). To

be valid, a permit must be free of all

permit sanctions, pending or otherwise,

at the time that the application is

submitted, and at the time of closing.

III. Proposed Program

The purpose of the FCRP is to reduce

permanently the maximum effective

fishing capacity within the groundfish

fishery through the removal of fishing

vessels and limited access fishing

permits. Like the pilot program, the

FCRP is a voluntary market based

program intended to remove the greatest

amount of effective capacity at the

lowest cost and targeted at full-time

groundfish vessels. It will also allow the

applicant to establish a price for offered

vessels and permits that will be scored

in a competitive manner. Unlike the

pilot program, NMFS is proposing that

all fishing vessels with a valid

multispecies limited access permit be

eligible.

Based on comments received during

the pilot program, NMFS is considering

changes to the scoring method used in

determining a vessel owner’s score.

Outlined below are the three

alternatives currently under

consideration:

Alternative I. This alternative would

use the same eligibility requirements

and formula as the pilot program. Only

vessels that derived 65 percent or more

of their gross revenues from the sale of

regulated groundfish species during any

3 of the 4 years between 1991 and 1994

would be eligible. The performance of a

vessel would continue to be measured

by the average gross revenues from the

sale of regulated groundfish species

during the 3 years selected.

Alternative II. Under this alternative,

the 65 percent regulated species

threshold would be dropped, allowing

any vessel with a valid multispecies

limited access permit to be eligible,

regardless of the percentage of their

income generated from the sale of

regulated groundfish species. The

performance of a vessel would continue

to be measured by the average annual

gross revenues from the sale of regulated

groundfish species.

Alternative III. This alternative would

retain the 65 percent regulated species

threshold, but allow vessel owners to

use all gross revenues, as opposed to

gross revenues from the sale of regulated

groundfish species, when calculating

vessel performance.

NMFS is particularly interested in

receiving comments on the alternatives

discussed above.

The following sections describe the

proposed requirements and the

application, scoring, ranking, and

selection processes NMFS intends to

follow under the FCRP.

IV. How To Apply

A. Eligible Applicants

Applications for FCRP financial

assistance will only be considered from

owners of eligible fishing vessels, in

accordance with the procedures set

forth in this notice. An owner may be

an individual who is a citizen or

national of the United States, or a

citizen of the Northern Mariana Islands,

or a corporation, partnership,

association (non profit or otherwise),

trust, or other nongovernmental entity,

if such an entity is a citizen within the

meaning of section 802 of the Shipping

Act, 1916, as amended (46 U.S.C. App.

802). Federal Government agencies or

employees, including full-time, parttime, and intermittent personnel, and

Fisheries Management Council members

and employees are not eligible to submit

an application. Vessel owners may not

have earned more than $2,000,000 in

net revenues from commercial fishing in

any of the 3 years between 1991–1994

chosen by the applicant to determine

eligibility.

For a vessel to be eligible for the

FCRP, it must meet the following

conditions:

1. Have a valid multispecies limited

access fishing permit free of any permit
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Notices 28179

sanctions, pending or otherwise, both at

time of application and at closing.

Vessel owners will be required to

surrender such permits along with all

other Federal fishing permits issued to

that vessel if awarded financial

assistance under the FCRP.

2. Be active and functioning at the

time the vessel owner submits an

application, which means that a vessel

must have made at least two fishing

trips (of any duration for any species)

during the 2-month period prior to the

final date for the submission of

applications for FCRP assistance, and be

capable of fishing for groundfish in

Federal waters under its own power at

the time of application.

3. Depending on which alternative is

chosen, one of the following would

apply:

Alternative I. Have derived 65 percent

or more of its gross annual revenues

from the sale of regulated groundfish

species in any 3 of the 4 years between

1991 and 1994. This means that

successful applicants must be able to

prove that 65 percent or more of the

gross revenues (for the vessel involved)

in any 3 years between 1991, 1992,

1993, and 1994, was from the sale of

regulated groundfish species.

Alternative II. There would be no 65

percent regulated species threshold.

Vessel owners would not be required to

show that they generated a certain level

of revenues from the sale of regulated

groundfish species.

Alternative III. Vessel owners must

satisfy the 65 percent threshold

requirement, as in Alternative I.

B. Submission of Applications

Vessel owners will be given 60 days

from the date of publication in the

Federal Register of the final FCRP

Notice to submit an FCRP application

form. The form may request the

following information: Owner and

vessel name, vessel number, gross

revenues from all landings, and gross

revenues from groundfish landings only.

Proof of eligibility need not be

submitted with the application.

Applicants will be required to submit

one signed original application. No

facsimile applications will be accepted.

Proof of receipt may be obtained by

sending an application by certified mail,

return receipt requested. The

anticipated time required to process

applications is 120 days from the

closing date of the solicitation.

All multispecies limited access

fishing permit holders will be mailed a

copy of the application form along with

a copy of the Federal Register notice

announcing the availability of funds

under the FCRP. Applications will also

be made available at the NMFS Regional

Office at One Blackburn Drive,

Gloucester, MA 01930–2298.

V. Application Review and Scoring

All timely submitted and completed

applications will be assigned a score

calculated by the following method:

Step A—Identify Bid

The bid is the dollar amount

submitted by the applicant in the

application.

Step B—Calculate Vessel Performance

Depending on which alternative is

chosen, vessel performance would be

calculated by one of the following

methods:

Alternative I. Vessel performance

would be determined by averaging the

annual revenues from the sale of

regulated groundfish species harvested

by that vessel for any 3 of the 4 years

during the qualifying period (1991,

1992, 1993, 1994). Applicants could

only use revenues from those years in

which 65 percent or more of gross

revenues was derived from the sale of

regulated groundfish species.

Alternative II. Vessel performance

would be determined by averaging the

annual revenues from the sale of

regulated groundfish species harvested

by that vessel for any 3 of the 4 years

during the qualifying period, regardless

of the percentage this represented of a

vessel’s gross revenues.

Alternative III. Vessel performance

would be determined by averaging the

annual gross revenues from the sale of

all fish harvested by that vessel for any

3 of the 4 years during the qualifying

period. Applicants could only use gross

revenues from those years in which 65

percent or more of the gross revenues

were derived from the sale of regulated

groundfish species.

Step C—Determine Vessel Score

Depending on which alternative is

chosen, a vessel score would be

calculated using one of the following

formulas:

Alternative I

SCORE BID = (average annual revenues from sale of regulated groundfish

species from any 3 of 4 years during qualifying period)

Gross revenues may only be used from those years in which an applicant can prove that 65 percent or more

of the revenues were derived from the sale of regulated groundfish species.

Alternative II

SCORE

BID = (average annual revenues from the sale of regulated groundfish

species from any 3 of 4 years during qualifying period)

No 65 percent regulated species threshold requirement.

Alternative III

SCORE

BID = (average annual gross revenues for any

 3 of 4 years during qualifying period)

Gross revenues may only be used

from those years in which an applicant

can prove that 65 percent or more of the

revenues were derived from the sale of

regulated groundfish species.

Determining a bid amount is

extremely important, since this will be

a key factor in the success of an
28180 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Notices

applicant. If the bid is too high in

relation to the vessel’s overall

performance, the bid may not be

competitive. In the pilot program,

successful applicants submitted bids

that resulted in scores between 0.494

and 0.725. Applicants will need to

carefully consider all costs involved

with receiving financial assistance

under the FCRP, including satisfying

vessel liens, vessel scrapping, vessel

transfer costs, and tax consequences.

Applicants may wish to consider selling

vessel gear and equipment separately as

a way of reducing the amount of a bid.

Vessel owners may retain removable

gear and equipment for private

disposition.

VI. Ranking of Applications

Applications will be ranked, starting

with the lowest score. The Assistant

Administrator for Fisheries, NOAA, will

determine which applications are

eligible with competitive bids based on

the ranking of the applications. NMFS

may initially find eligible more

applications than it can fund but will

investigate all such applications in

order of their ranking. NMFS will

reserve the right to reject any or all

applications and may solicit additional

applications. If additional applications

are solicited, all applications submitted

previously and not determined to be

eligible with competitive bids will be

considered rejected. NMFS will notify

eligible applicants with competitive

bids in writing. However, eligible

applicants are not guaranteed funding

by simply having a competitive bid;

they will be subject to a thorough

investigation described in section VII.

VII. Investigation of Applications

A representative from the NMFS

Financial Services Division will contact

eligible applicants with competitive

bids regarding the following:

1. Ensuring that applicants meet all

eligibility requirements and can

document all claims made in their

applications.

2. Determining what debts exist

against the vessel offered in the

application, including any outstanding

civil penalties or fines.

3. Determining how applicants will

satisfy all vessel liens before scrapping

or transferring the vessels. Eligible

applicants will have to provide written

evidence of vessel lienors’ willingness

to satisfy vessel liens for specific

amounts.

4. Ensuring availability of

documentation required to support

eligible applications, including the

following:

a. Multispecies limited access fishing

permit. The applicant may provide a

copy of the permit to NMFS, but the

actual permit must be surrendered at the

time of grant award closing.

b. Proof of landings. Depending on

which alternative is chosen, NMFS may

require proof that 65 percent or more of

a vessel’s gross revenues came from the

sale of regulated groundfish species in

3 of the 4 years during the qualifying

period. Landing slips or sales tickets

may be used to verify claimed revenues.

c. Proof of gross revenues. Depending

on which alternative is chosen, vessel

owners may be required to prove the

annual gross revenues from the sale of

all species for the 3 years selected from

the qualifying period of 1991 through

1994. Documentation to support income

may include, but is not limited to,

individual or corporate tax returns, or

fish sale receipts accompanied by vessel

settlement reports. NMFS may require

sworn affidavits from the reporting

party regarding the accuracy of the

information contained in supporting

documentation. Sales that cannot be

substantiated will not be included in the

calculation of either gross revenues or

revenues from regulated groundfish

species.

d. Documentation of fishing

capability. Documentation that vessel

made at least two fishing trips (of any

duration for any species) during the 2-

month period prior to the final date of

the submission of application for FCRP

assistance.

NMFS will provide legal notice of the

names of vessels and their owners for

which an investigation has been

successfully completed. Proprietary

information submitted by applicants

will only be disclosed to Federal

officials who are responsible for the

FCRP or otherwise when required by

court order or other applicable law. This

information is subject to the Freedom of

Information Act.

VIII. Establishment of Award Terms

Representatives from the NMFS

Financial Services Division will

establish the programmatic terms of

each financial assistance award for

eligible applications validated during

the investigation process. These terms

will be binding on the applicants and

will control the applicant’s post award

rights and obligations. Terms of the

award will address such matters as how

the outstanding liens on the vessels will

be satisfied and how the vessel covered

in the application will be scrapped or

transferred to an eligible entity for an

eligible use. Award terms will also

include provisions to ensure that

applicants do not violate fisheries laws

and regulations prior to closing. At their

own expense, applicants may choose to

retain closing attorneys to represent

their interests. To the extent necessary,

closing attorneys will be required to pay

grant funds to vessel lienors in return

for lien releases. Should vessel liens

exceed the amount of the FCRP award,

attorneys must obtain funds from

applicants and exchange them for lien

releases.

IX. Award Closing Procedures

After the NMFS Financial Services

Division has established the award

terms for each eligible and validated

application, and the NOAA Grants

Management Division has reviewed and

approved these applications for

compliance with the administrative

requirements in section X, applicants

will be notified in writing of the award

by the grants officer and a closing date

will be set. Applicants may be required

to have an attorney present at the

closing. If a vessel is going to be

scrapped, 75 percent of the award will

be available at the closing. The

remaining 25 percent will be available

only when applicants provide proof of

vessel scrapping. If these arrangements

have been made by the time of closing,

100 percent of the award may be

available at that time. Vessel scrapping

must occur promptly. If a vessel is going

to be transferred to an eligible entity, the

transfer must also occur at the closing

and 75 percent of the award will be

available at that time. The remaining 25

percent will be available when the

applicant shows proof that the

transferred vessel has a permanent

restriction on its certificate of

documentation prohibiting that vessel

from participating in the fisheries of the

United States. If these arrangements

have been made by closing, 100 percent

of the award may be available at that

time. NMFS reserves the right to

terminate financial assistance

negotiations with an applicant if, in the

opinion of NMFS, there are material

adverse changes in an applicant’s ability

to meet the terms and conditions of a

FCRP award agreement.

X. Administrative Requirements

A. Primary Applicant Certification

Applicants whose applications are

selected for funding will be required to

submit a completed Standard Form

424B, ‘‘Assurances—Non-Construction

Programs’’ and Form CD–511,

‘‘Certification Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying,’’ and the
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Notices 28181

following explanations are hereby

provided:

1. Nonprocurement debarment and

suspension. Prospective participants (as

defined at 15 CFR 26.105) are subject to

15 CFR part 26, ‘‘Nonprocurement

Debarment and Suspension,’’ and the

related section of the certification form

prescribed above applies;

2. Drug-free workplace. Grantees (as

defined at 15 CFR 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;

3. Anti-lobbying. Persons (as defined

at 15 CFR 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; and

4. Anti-lobbying disclosure. Any

applicant who 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.

5. Lower tier certifications. Applicants

shall require applicants/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 the

Department of Commerce (Department).

SF–LLL submitted by any tier recipient

or subrecipient should be submitted to

the Department in accordance with the

instructions contained in the award

document.

B. Other Requirements

1. Federal policies and procedures.

FCRP grant recipients and subrecipients

are subject to all Federal laws and

Federal and Department policies,

regulations, and procedures applicable

to Federal financial assistance awards.

Federal assistance funds cannot be used

to pay for a Federal debt.

2. Name check review. 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. 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).

3. Financial management

certification/preaward accounting

survey. At the discretion of the NOAA

Grants Officer, applicants may be

required to have their financial

management systems certified by an

independent public accountant as being

in compliance with Federal standards

specified in the applicable Office of

Management and Budget (OMB)

Circulars prior to execution of the

award. Any first-time applicant for

Federal grant funds may be subject to a

pre-award accounting survey by the

Department prior to execution of the

award.

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 or to its subrecipients who

have an outstanding delinquent Federal

debt or fine 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

the Department 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. Pre-award activities. If applicants

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 or written assurance that may

have been received, there is no

obligation on the part of the Department

to cover pre-award costs.

Classification

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.’’

This notice contains a collection-ofinformation requirement subject to the

Paperwork Reduction Act. The

collection of this information has been

approved by the OMB (OMB control

number 0648–0289). Public reporting

burden for preparation of the grant

application is estimated to be 1 hour per

response including the time for

reviewing instructions, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. An additional 15 hour

reporting burden is estimated for those

applicants who are accepted by NMFS,

including time needed to document the

income claims on their applications,

how outstanding liens on their vessels

will be satisfied, and how the vessels

will be scrapped. Send comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, to Michael Grable,

Financial Services Division (see

ADDRESSES). Notwithstanding any other

provision of the 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.

Dated: May 29, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 96–13953 Filed 5–30–96; 4:21 pm]

BILLING CODE 3510–22–W

[I.D. 052496A]

South Atlantic Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The South Atlantic Fishery

Management Council (Council) will

hold a public meeting of its Scientific

and Statistical Committee, Mackerel

Advisory Panel, a joint meeting of its

Mackerel Advisory Panel and

Committee, and a Council session.

DATES: The meetings will be held from

June 10 to June 14, 1996. See

SUPPLEMENTARY INFORMATION for specific

dates and times.

ADDRESSES: The meetings will be held at

the Pier House, One Duval Street, Key

West, FL; telephone: (305) 296-4600,

(800) 327-8340.