Open Rivers Initiative Barrier Removal Project Grants, 62298-62302 [05-21617]
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Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Notices
• if neither the exporter nor the
manufacturer is a firm covered in this
review or in any previous segment of
this proceeding, the cash deposit rate
will be 42.12 percent, the all others rate
established in the less–than-fair–value
investigation. (See Notice of
Antidumping Duty Order and Sales at
Less Than Fair Value: Certain Hot–
Rolled Flat–Rolled Carbon Quality Steel
Products from Brazil, 67 FR 11093
(March 12, 2002)).
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR § 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR § 351.305. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing this
new shipper review and notice in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act.
Dated: October 24, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–6012 Filed 10–28–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–816]
Certain Stainless Steel Butt–Weld Pipe
Fittings from Taiwan: Notice of
Extension of Time Limit for the Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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SUMMARY: The Department of Commerce
(the Department) is extending the time
limit for the final results of the
administrative review of the
antidumping duty order on certain
stainless steel butt–weld pipe fittings
from Taiwan. The period of review is
June 1, 2003, through May 31, 2004.
This extension is made pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended by the Uruguay
Round Agreements Act (the Act).
EFFECTIVE DATE: October 31, 2005.
FOR FURTHER INFORMATION CONTACT:
Helen Kramer or Kristin Najdi, Office 7,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0405 and (202)
482–8221, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 11, 2005, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on certain
stainless steel butt–weld pipe fittings
from Taiwan covering the period June 1,
2003, through May 31, 2004. See 70 FR
39735. The final results for the
antidumping duty administrative review
of certain stainless steel butt–weld pipe
fittings from Taiwan are currently due
no later than November 8, 2005.
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Act
requires the Department to make a final
determination in an administrative
review within 120 days after the date on
which the preliminary determination is
published. However, if it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the final results to 180 days (or 300 days
if the Department does not extend the
time limit for the preliminary results)
from the date of publication of the
preliminary results.
In accordance with section
751(a)(3)(A) of the Act, and 19 CFR
351.213(h)(2), the Department finds that
it is not practicable to complete the
review within the original time frame
(i.e., by November 8, 2005) because of
voluminous affiliation allegations raised
in petitioners’ case briefs, requiring
more time for analysis. Because it is not
practicable to complete this
administrative review within the time
limit mandated by section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(2), the
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Department is extending the time limit
for completion of the final results of this
administrative review by 30 days, to no
later than December 8, 2005.
Dated: October 25, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–6011 Filed 10–28–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904; NAFTA Panel
Reviews; Completion of Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of Completion of Panel
Review of the final determination made
by the U.S. International Trade
Administration, in the matter of Alloy
Magnesium from Canada, CVD, New
Shipper Review, Secretariat File No.
USA–CDA–2003–1904–02.
AGENCY:
SUMMARY: Pursuant to the Order of the
Binational Panel dated September 9,
2005, affirming the final remand
determination described above, the
panel review was completed on October
21, 2005.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: On
September 9, 2005, the Binational Panel
issued an order which affirmed the final
determination of the United States
International Trade Administration
(ITA) concerning Alloy Magnesium
from Canada, CVD, New Shipper
Review. The Secretariat was instructed
to issue a Notice of Completion of Panel
Review on the 31st day following the
issuance of the Notice of Final Panel
Action, if no request for an
Extraordinary Challenge was filed. No
such request was filed. Therefore, on the
basis of the Panel Order and Rule 80 of
the Article 1904 Panel Rules, the Panel
Review was completed and the panelists
discharged from their duties effective
October 21, 2005.
Dated: October 21, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5–6013 Filed 10–28–05; 8:45 am]
BILLING CODE 3510–GT–P
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Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 051019272–5272–01; I.D.
092905B]
Open Rivers Initiative Barrier Removal
Project Grants
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of
financial assistance.
AGENCY:
SUMMARY: The NOAA Open Rivers
Initiative (ORI) provides funding to
catalyze the implementation of locallydriven barrier removal projects that
remove dams and other barriers, in
order to benefit living marine resources,
particularly diadromous fish. Projects
funded through ORI grants will have
strong on-the-ground habitat restoration
components that foster economic,
educational, and social benefits for
citizens and their communities in
addition to long-term ecological habitat
improvements for NOAA trust
resources. The role of NOAA in this
initiative is to provide funding and
technical assistance for barrier removal
projects. Proposals selected for funding
through this solicitation will be
implemented through a cooperative
agreement. Funding of up to $6,000,000
is expected to be available for the ORI
Project Grants competition in FY 2007.
The NOAA Restoration Center (RC)
within the Office of Habitat
Conservation will administer this grants
initiative, and anticipates that typical
awards will range from $50,000 to
$250,000 per project. Although a select
few may exceed this range, project
proposals requesting over $1,000,000
will not be accepted or reviewed. To
help expedite the implementation of onthe-ground components of barrier
removal projects in 2007, up to
$1,000,000 may be made available in
2006 from a related NOAA grants
program to support feasibility,
engineering, and/or design elements of
a small number of projects where the
same application also seeks funding for
on-the-ground removal activities.
DATES: Applications must be
postmarked or submitted no later than
11:59 PM EST on January 13, 2006.
ADDRESSES: Applications should be
submitted via www.grants.gov. If
applicants do not have access to the
internet, applications must be mailed to:
NOAA Fisheries, Office of Habitat
Conservation, Restoration Division (F/
HC3), 1315 East West Highway, Silver
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Spring, MD 20910–3282. ATTN: Open
Rivers Initiative Project Applications.
No facsimile or electronic mail
applications will be accepted. Electronic
Access to the full funding
announcement for this program is
available via the Grants.gov Web site:
https://www.grants.gov. The
announcement will also be available at
the NOAA Web site https://
www.ofa.noaa.gov/%7Eamd/
SOLINDEX.HTML or by contacting the
program official identified below. All
application requirements contained in
the full funding announcement must be
adhered to in submitted proposals.
FOR FURTHER INFORMATION CONTACT:
Robin Bruckner, (301) 713–0174, or by
e-mail at Robin.Bruckner@noaa.gov.
SUPPLEMENTARY INFORMATION:
Summary
The principal objectives of the ORI
are to provide Federal financial and
technical assistance to locally-driven
removals of dams and other barriers to
enhance watershed health, to foster
sustainable fish populations, and to
improve community vitality and
economic growth. This will help restore
living marine and coastal resources and
their habitats and promote stewardship
and a conservation ethic for NOAA trust
resources, particularly diadromous fish.
The ORI focus is on implementing
projects that will directly benefit
diadromous species such as salmon,
sturgeon, shad, river herring, striped
bass, and American eel.
Successful applications will be those
that:
• Demonstrate collaboration among
entities such as public and nonprofit
organizations, citizen and watershed
groups, industry, corporations and
businesses, youth conservation corps,
students, landowners, academia, and
local, state, tribal governments and
Federal agencies to cooperatively
implement barrier removal projects;
• Document community benefits
related to: increased business
opportunities, removal of potential
liability, reduced flood impacts, and/or
improved opportunities for recreation,
park use, or other tangible community
benefits; and
• Are able to: achieve a net gain in
diadromous fish-accessible stream
miles, increase the number of barrier
removals in a particular watershed,
document education and outreach or
volunteer hours involved, and maximize
project partnerships.
Project partners may contribute
funding, land, technical assistance,
workforce support or other in-kind
services; promote grass-roots
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participation in the improvement of
locally important living marine
resources; and engender local
stewardship and monitoring activities to
sustain and evaluate the performance of
the barrier removal. Previous locallydriven barrier removal projects
supported by NOAA have been
successful because they had significant
local backing, depended upon citizens’
hands-on involvement, and drew
community support through strategic
outreach and education.
Electronic Access
Information on barrier removal
proposals funded to date under the
NOAA Community-based Restoration
Program can be found on the World
Wide Web at: https://
www.nmfs.noaa.gov/habitat/restoration.
As has been the case since October 1,
2004, applicants can access the full
funding announcement and download
and submit electronic grant applications
for NOAA Financial Assistance at the
grants.gov web site: https://
www.grants.gov. Applicants responding
to the ORI are strongly encouraged to
submit applications through the
grants.gov web site (see ADDRESSESS).
Initiative Priorities
Initiative priorities are focused on the
removal of fish passage barriers within
historic or present diadromous fish
habitat to achieve a net gain in
diadromous fish-accessible stream miles
and fish population recovery. Priority
consideration will be given to those
proposals that: include fish population
health benefits; are expected to have
environmentally-compatible economic
benefits resulting from the barrier
removal; will have synergistic results
due to related fish passage or restoration
activities upstream or downstream; will
improve watershed health with
measurable outcomes; and will result in
community revitalization and
stewardship. Priority will also be given
to those proposals that maximize the
number of stream miles for which
access is restored, and/or maximize the
potential for the recovery of fish
populations. Removal of complete
barriers to fish passage will be given
priority consideration, as will proposals
for which the bulk of funding will
support on-the-ground implementation
activities. Proposals that address partial
barriers will also be considered for
funding, but may receive lower priority.
In limited circumstances, the initiative
will consider remedies such as fish
ladders that are dependent on proper
stream flows, operation, and
maintenance to ensure free passage.
Proposals that request funds for
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feasibility, engineering and/or design in
addition to construction elements may
be considered to receive partial funding
in 2006 on a limited basis so that
construction elements can move
forward in a timely fashion with
funding made available in 2007. This
initiative does not fund feasibility
studies, removal, partial removal, or
replacement of barriers owned by the
Federal government or dams licensed by
the Federal Energy Regulatory
Commission (FERC). Such proposals
will be disqualified.
Restoration of access may include, but
is not limited to: complete dam removal;
notching or breaching of dams; removal
of barriers such as culverts that
completely or partially block fish
passage and replacement with bridges,
fish passable culverts or tide gates;
removal of temporary or seasonal dams
that block fish migration; or removal of
other barriers to diadromous fish
passage. Restoration activities may
include upstream and/or downstream
passage of diadromous fish.
The ORI will emphasize the selection
of barrier removal projects that
demonstrate a coordinated effort to
maximize quality diadromous fish
habitat within a watershed. Proposals
should assess the state of fish barriers/
fish access in the watershed to receive
greater consideration than those that
demonstrate little knowledge of other
barriers in the system.
Projects that restore habitats found to
be socio-economically important within
their region with regard to such issues
as commercial (e.g., fisheries) and
recreational use and/or aesthetic and
stewardship values will be favored. This
may include projects that result in
beneficial uses of newly available land
previously inundated by a reservoir.
Projects that document community
benefits related to increased business
opportunities, removal of potential
liability, and/or improved opportunities
for recreation, park use, or other
tangible community benefits will be
given priority. However, this initiative
does not fund urban redevelopment
components.
While the focus of this initiative is to
provide funding and technical expertise
to support on-the-ground
implementation of barrier removal
projects that involve significant
community support, NOAA recognizes
that accomplishing barrier removal is a
multi-faceted effort involving feasibility
studies, project design, engineering
services, permitting, construction, legal
considerations, oversight, pre- and postremoval monitoring, and education and
outreach. Applicants may therefore
apply for funding to support a
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combination of these activities in
addition to the barrier removal itself.
NOAA anticipates that up to $1,000,000
may be made available from a related
grants program to support the
feasibility, engineering, and/or design
elements of a proposal in 2006 so that
the removal activities can proceed with
additional funding awarded through
ORI to successful applicants in 2007
using a multi-year award process.
Although barrier removals themselves
are often not suitable for volunteer
involvement, projects should involve an
outreach and/or volunteer component
tied to the overall barrier removal goals
and activities to receive greater
consideration. Additionally, projects
must have pre- and post-project
monitoring components.
Implementation of on-the-ground
barrier removal projects must have
clearly identified goals (broad in scope)
and specific, measurable objectives.
Evaluating these objectives must involve
monitoring during the project period of
at least one structural and one
functional parameter, as supported by
Title I of the Estuaries and Clean Waters
Act of 2000, to ensure a basic level of
assessment of project success.
Monitoring must be conducted in a
timely fashion with a frequency and
length of time appropriate for each
parameter in the context of the project
objectives and type. Examples of
structural and functional monitoring
parameters for barrier removal project
types are available on the World Wide
Web at https://www.nmfs.noaa.gov/
habitat/restoration, and assistance in
refining the objectives and/or selecting
appropriate parameters is available from
NOAA staff working with the ORI (see
FOR FURTHER INFORMATION CONTACT).
NOAA will consider funding more
than one project under a single award,
however all projects should be
sufficiently developed as per the
guidelines and information
requirements listed in this document for
an application to be competitive, and all
projects should be able to be completed
within the award period specified
below.
Funding Availability
This solicitation announces that
funding of up to $6,000,000 is expected
to be available for ORI Project Grants in
FY 2007. NOAA anticipates that typical
project awards will range from $50,000
to $250,000. Applications requesting
less than $30,000 or more than
$1,000,000 from ORI will not be
accepted under this solicitation. To help
expedite the implementation of on-theground components of barrier removal
projects in 2007, up to $1,000,000 may
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be available in 2006 from a related
NOAA grant program to support
feasibility, engineering, and/or design
elements of a small number of projects
where the same application also seeks
funding for on-the-ground removal
activities. NOAA does not guarantee
that sufficient funds will be available to
make awards for all proposals. The
number of awards to be made as a result
of this solicitation will depend on the
number of eligible applications
received, the amount of funds requested
for initiating barrier removal projects by
the applicants, the merit and ranking of
the proposals, and the amount of funds
made available to the ORI by Congress.
NOAA anticipates that between 30
and 50 awards will be made as a result
of this solicitation. The exact amount of
funds that may be awarded will be
determined in pre-award negotiations
between the applicant and NOAA
representatives. Publication of this
document does not obligate NOAA to
award any specific project or obligate all
or any parts of any available funds.
Authority
The Secretary of Commerce is
authorized under the Fish and Wildlife
Coordination Act, 16 U.S.C. 661, as
amended by the Reorganization Plan
No. 4 of 1970, to provide grants or
cooperative agreements for dam and
barrier removal activities to restore
fisheries habitat.
Catalogue of Federal Domestic
Assistance (CFDA)
11.463, Habitat Conservation
Eligibility
Eligible applicants are institutions of
higher education, other non-profits,
industry and commercial (for profit)
organizations, organizations under the
jurisdiction of foreign governments,
international organizations, and state,
local and Indian tribal governments
whose projects have the potential to
benefit NOAA trust resources.
Applications from Federal agencies or
employees of Federal agencies will not
be considered. Federal agencies are
strongly encouraged to work with states,
non-governmental organizations,
national service clubs or youth corps
organizations and others that are eligible
to apply.
The Department of Commerce/
National Oceanic and Atmospheric
Administration (DOC/NOAA) is
strongly committed to broadening the
participation of historically black
colleges and universities, Hispanicserving institutions, tribal colleges and
universities, and institutions that work
in under served areas. The ORI
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encourages proposals from or involving
any of the above institutions.
Cost Sharing or Matching Requirements
A major goal of the ORI will be to
provide seed money for projects that
leverage funds and other contributions
from a broad public and private sector
to implement locally important barrier
removals to benefit living marine and
coastal resources. To this end,
applicants are encouraged to
demonstrate a minimum 1:1 nonFederal match for ORI funds requested
to conduct the proposed project. NOAA
strongly encourages applicants to
leverage as much investment as
possible. Applicants with less than 1:1
match will not be disqualified, however,
applicants should note that cost sharing
is an element considered in Evaluation
Criterion ι4: ‘‘Project Costs.’’
Match to NOAA funds can come from
a variety of public and private sources
and can include in-kind goods and
services and volunteer labor. Federal
funds are not considered matching
funds. Applicants are permitted to
combine contributions from additional
non-Federal partners in order to meet
the 1:1 match expected, as long as such
contributions are not being used to
match any other funds. Applicants are
also permitted to apply federally
negotiated indirect costs in excess of
Federal share limits.
Applicants whose proposals are
selected for funding will be bound by
the percentage of cost sharing reflected
in the award document signed by the
NOAA Grants Officer. Successful
applicants should be prepared to
carefully document matching
contributions, including the overall
number of volunteers and in-kind
participation hours devoted to
individual barrier removal projects.
Letters of commitment for any secured
resources that will be used as match for
an award under this solicitation should
be submitted as an attachment to the
application. Applicants should consider
the timing of potential match and
awards to reflect the fact that the
majority of funds will not be available
until fiscal year 2007. Match must be
applied to the project during the award
period.
Intergovernmental Review
Applications under this initiative are
subject to the provisions of Executive
Order 12372, ‘‘Intergovernmental
Review of Federal Programs.’’
Applicants are required to complete
item 16 on SF–424 regarding clearance
by the State Single Point of Contact
(SPOC) established as a result of the
Executive Order. To find out about and
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comply with a State’s process under
Executive Order 12372, the names,
addresses and phone numbers of
participating SPOC’s are available on
the internet at: https://
www.whitehouse.gov/omb/grants/
spoc.html.
Evaluation and Selection
Reviewers will assign scores to
proposals ranging from 0 to 100 points
based on the following five standard
NOAA evaluation criteria and
respective weights specified below.
1. Importance and Applicability of
Proposal (30 points)
This criterion ascertains whether
there is intrinsic value in the proposed
work and/or relevance to NOAA,
Federal, regional, state or local
activities.
2. Technical/Scientific Merit (30 points)
This criterion assesses whether the
approach is technically sound and/or
innovative, if the methods are
appropriate, and whether there are clear
project goals and objectives.
3. Overall Qualifications of Applicants
(10 points)
This criterion ascertains whether the
applicant possesses the necessary
education, experience, demonstrated
commitment, training, facilities, and
administrative resources to accomplish
the project.
4. Project Costs (15 points)
This criterion evaluates the project’s
budget to determine if it is realistic and
commensurate with the project needs
and time-frame.
5. Outreach, Education and Community
Involvement (15 points)
NOAA assesses whether the project
provides a focused and effective
education and outreach strategy
regarding NOAA’s mission.
Applications will be screened by
NOAA staff to determine if they are
eligible, complete and in accordance
with instructions detailed in the
standard NOAA Grants Application
Package. Applications that present
narrative information in the same order
as the evaluation criteria set out above
are likely to be more competitive, as
reviewers will be more easily able to
identify information that directly
translates to scoring. Eligible barrier
removal proposals will undergo a
technical review, ranking, and selection
process. As appropriate during this
process, the NOAA Restoration Center
will solicit individual technical
evaluations of each project proposed
and may request evaluations from other
NOAA offices, the Regional Fishery
Management Councils, other Federal
and state agencies, such as state coastal
management agencies and state fish and
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wildlife agencies, and private and
public sector barrier removal experts
who have knowledge of a specific
applicant or project. Proposals also will
be reviewed by NOAA regional and
headquarters staff to determine how
well they meet the stated aims of the
ORI, and how well the proposal meets
the goals of the NOAA Office of Habitat
Conservation (OHC) and the NOAA
Habitat Program as these goals are
incorporated into the evaluation criteria.
Applications for barrier removal
projects will be evaluated by at least
three individual technical reviewers,
including those mentioned in the above
paragraph, according to the criteria and
weights listed in this solicitation and
described in detail in the Federal
Funding Opportunity. The reviewers
will independently evaluate each
application and provide a score.
Composite project scores, a rank order
of applications, and reviewer comments
and will be presented to the Director of
the NOAA Restoration Center (Director).
The Director, in consultation with OHC
staff, will select the proposals to be
recommended to the Grants
Management Division (GMD) for
funding and will determine the amount
of funds available for each approved
proposal. The proposals shall be
recommended in rank order unless the
proposal is justified to be selected out
of rank order based upon one or more
of the following factors:
1. The availability of funding;
2. The balance/distribution of funds:
(a) geographically, (b) by type of
institutions, (c) by type of partners, (d)
by research areas, and (e) by project
types;
3. Duplication of other projects
funded or considered for funding by
NOAA and/or other Federal agencies;
4. Initiative priorities and policy
factors as set out in the full funding
opportunity available on grants.gov;
5. The applicant’s prior award
performance;
6. Partnerships and/or participation of
targeted groups; and
7. Adequacy of information necessary
for NOAA staff to make a NEPA
determination and draft necessary
documentation before funding
recommendations are acted upon by
GMD.
Hence, awards may not necessarily be
made to the highest scoring proposals.
Unsuccessful applicants will be notified
that their proposal was not among those
recommended for funding. Unsuccessful
applications submitted in hard copy
will be kept on file until the close of the
following fiscal year then destroyed.
Successful applicants generally will
be identified approximately 90–120
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days after the close of this solicitation
on January 13, 2006. The earliest date
for receipt of most awards will be
approximately 60 days after the 2007
fiscal year appropriation is enacted,
when all NOAA/applicant final
negotiations and NEPA analysis and
documentation supporting cooperative
agreement activities have been
completed. Applicants should consider
this selection and processing time in
developing requested start dates for
proposed barrier removal activities;
NOAA suggests reasonable start dates of
winter/spring 2007.
National Environmental Policy Act
(NEPA)
NOAA must analyze the potential
environmental impacts, as required by
the National Environmental Policy Act
(NEPA), for applicant projects or
proposals which are seeking NOAA
federal funding opportunities. Detailed
information on NOAA compliance with
NEPA can be found at the following
NOAA NEPA website: https://
www.nepa.noaa.gov/, including our
NOAA Administrative Order 216–6 for
NEPA, https://www.nepa.noaa.gov/
NAO216l6lTOC.pdf, and the Council
on Environmental Quality
implementation regulations, https://
ceq.eh.doe.gov/nepa/regs/ceq/
toclceq.htm).
Consequently, as part of an
applicant’s package, and under their
description of their program activities,
applicants are required to provide
detailed information on the activities to
be conducted, locations, sites, species
and habitat to be affected, possible
construction activities, and any
environmental concerns that may exist
(e.g., the use and disposal of hazardous
or toxic chemicals, introduction of nonindigenous species, impacts to
endangered and threatened species,
aquaculture projects, and impacts to
coral reef systems).
In addition to providing specific
information that will serve as the basis
for any required impact analyses,
applicants may also be requested to
assist NOAA in drafting of an
environmental assessment, if NOAA
determines an assessment is required.
Applicants will also be required to
cooperate with NOAA in identifying
and implementing feasible measures to
reduce or avoid any identified adverse
environmental impacts of their
proposal. The failure to do so shall be
grounds for the denial of an application.
Pre-Award Notification Requirements
for Grants and Cooperative Agreements
The Department of Commerce PreAward Notification Requirements for
VerDate Aug<31>2005
15:29 Oct 28, 2005
Jkt 208001
Grants and Cooperative Agreements
contained in the Federal Register notice
of December 30, 2004 (69 FR 78389) are
applicable to this solicitation.
Limitation of Liability
BILLING CODE 3510–22–S
In no event will NOAA or the
Department of Commerce be responsible
for proposal preparation costs if this
initiative fails to receive funding or is
cancelled because of other agency
priorities. Publication of this
announcement does not oblige NOAA to
award any specific project or to obligate
any available funds. Recipients and subrecipients are subject to all Federal
laws, agency policies, regulations and
procedures applicable to Federal
financial assistance awards.
Paperwork Reduction Act
This notification involves collectionof-information requirements subject to
the Paperwork Reduction Act. The use
of Standard Forms 424, 424A, 424B, and
SF-LLL and CD–346 has been approved
by the Office of Management and
Budget (OMB) under OMB control
numbers 0348–0043, 0348–0044, 0348–
0040, 0348–0046 and 0605–0001
respectively. 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
It has been determined that this notice
is not significant for purposes of
Executive Order 12866.
Executive Order 13132 (Federalism)
It has been determined that this notice
does not contain policies with
Federalism implications as that term is
defined in Executive Order 13132.
Administrative Procedure Act/
Regulatory Flexibility Act
Prior notice and an opportunity for
public comment are not required by the
Administrative Procedure Act or any
other law for rules concerning public
property, loans, grants, benefits, and
contracts (5 U.S.C. 553(a)(2)). Because
notice and opportunity for comment are
not required pursuant to 5 U.S.C. 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Dated: October 26, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–21617 Filed 10–26–05; 1:26 pm]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 102505A]
Endangered Species; File No. 1450
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
SUMMARY: Notice is hereby given that
Jane Provancha, Dynamac Corporation,
100 Spaceport Way, Cape Canaveral, FL
32920, has been issued a permit to take
green (Chelonia mydas) and loggerhead
(Caretta caretta) sea turtles for purposes
of scientific research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521;
Southeast Region, NMFS, 263 13th
Ave South, St. Petersburg, FL 33701;
phone (727)824–5312; fax (727)824–
5309.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman or Carrie Hubard,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On
January 26, 2004, notice was published
in the Federal Register (69 FR 3568)
that a request for a scientific research
permit to take green and loggerhead sea
turtles had been submitted by the abovenamed individual. The requested permit
has been issued under the authority of
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.)
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The permit holder has been
authorized to conduct research on green
and loggerhead sea turtles in the waters
of Mosquito Lagoon, Florida. Turtles
will be captured in a large mesh (9 in/
22 cm) tangle net and retained on a
vessel for the collection of
morphometric data, flipper and PIT
tagging, photographs, blood sampling,
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Notices]
[Pages 62298-62302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21617]
[[Page 62299]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 051019272-5272-01; I.D. 092905B]
Open Rivers Initiative Barrier Removal Project Grants
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of financial assistance.
-----------------------------------------------------------------------
SUMMARY: The NOAA Open Rivers Initiative (ORI) provides funding to
catalyze the implementation of locally-driven barrier removal projects
that remove dams and other barriers, in order to benefit living marine
resources, particularly diadromous fish. Projects funded through ORI
grants will have strong on-the-ground habitat restoration components
that foster economic, educational, and social benefits for citizens and
their communities in addition to long-term ecological habitat
improvements for NOAA trust resources. The role of NOAA in this
initiative is to provide funding and technical assistance for barrier
removal projects. Proposals selected for funding through this
solicitation will be implemented through a cooperative agreement.
Funding of up to $6,000,000 is expected to be available for the ORI
Project Grants competition in FY 2007. The NOAA Restoration Center (RC)
within the Office of Habitat Conservation will administer this grants
initiative, and anticipates that typical awards will range from $50,000
to $250,000 per project. Although a select few may exceed this range,
project proposals requesting over $1,000,000 will not be accepted or
reviewed. To help expedite the implementation of on-the-ground
components of barrier removal projects in 2007, up to $1,000,000 may be
made available in 2006 from a related NOAA grants program to support
feasibility, engineering, and/or design elements of a small number of
projects where the same application also seeks funding for on-the-
ground removal activities.
DATES: Applications must be postmarked or submitted no later than 11:59
PM EST on January 13, 2006.
ADDRESSES: Applications should be submitted via www.grants.gov. If
applicants do not have access to the internet, applications must be
mailed to: NOAA Fisheries, Office of Habitat Conservation, Restoration
Division (F/HC3), 1315 East West Highway, Silver Spring, MD 20910-3282.
ATTN: Open Rivers Initiative Project Applications. No facsimile or
electronic mail applications will be accepted. Electronic Access to the
full funding announcement for this program is available via the
Grants.gov Web site: https://www.grants.gov. The announcement will also
be available at the NOAA Web site https://www.ofa.noaa.gov/%7Eamd/
SOLINDEX.HTML or by contacting the program official identified below.
All application requirements contained in the full funding announcement
must be adhered to in submitted proposals.
FOR FURTHER INFORMATION CONTACT: Robin Bruckner, (301) 713-0174, or by
e-mail at Robin.Bruckner@noaa.gov.
SUPPLEMENTARY INFORMATION:
Summary
The principal objectives of the ORI are to provide Federal
financial and technical assistance to locally-driven removals of dams
and other barriers to enhance watershed health, to foster sustainable
fish populations, and to improve community vitality and economic
growth. This will help restore living marine and coastal resources and
their habitats and promote stewardship and a conservation ethic for
NOAA trust resources, particularly diadromous fish. The ORI focus is on
implementing projects that will directly benefit diadromous species
such as salmon, sturgeon, shad, river herring, striped bass, and
American eel.
Successful applications will be those that:
Demonstrate collaboration among entities such as public
and nonprofit organizations, citizen and watershed groups, industry,
corporations and businesses, youth conservation corps, students,
landowners, academia, and local, state, tribal governments and Federal
agencies to cooperatively implement barrier removal projects;
Document community benefits related to: increased business
opportunities, removal of potential liability, reduced flood impacts,
and/or improved opportunities for recreation, park use, or other
tangible community benefits; and
Are able to: achieve a net gain in diadromous fish-
accessible stream miles, increase the number of barrier removals in a
particular watershed, document education and outreach or volunteer
hours involved, and maximize project partnerships.
Project partners may contribute funding, land, technical
assistance, workforce support or other in-kind services; promote grass-
roots participation in the improvement of locally important living
marine resources; and engender local stewardship and monitoring
activities to sustain and evaluate the performance of the barrier
removal. Previous locally-driven barrier removal projects supported by
NOAA have been successful because they had significant local backing,
depended upon citizens' hands-on involvement, and drew community
support through strategic outreach and education.
Electronic Access
Information on barrier removal proposals funded to date under the
NOAA Community-based Restoration Program can be found on the World Wide
Web at: https://www.nmfs.noaa.gov/habitat/restoration. As has been the
case since October 1, 2004, applicants can access the full funding
announcement and download and submit electronic grant applications for
NOAA Financial Assistance at the grants.gov web site: https://
www.grants.gov. Applicants responding to the ORI are strongly
encouraged to submit applications through the grants.gov web site (see
ADDRESSESS).
Initiative Priorities
Initiative priorities are focused on the removal of fish passage
barriers within historic or present diadromous fish habitat to achieve
a net gain in diadromous fish-accessible stream miles and fish
population recovery. Priority consideration will be given to those
proposals that: include fish population health benefits; are expected
to have environmentally-compatible economic benefits resulting from the
barrier removal; will have synergistic results due to related fish
passage or restoration activities upstream or downstream; will improve
watershed health with measurable outcomes; and will result in community
revitalization and stewardship. Priority will also be given to those
proposals that maximize the number of stream miles for which access is
restored, and/or maximize the potential for the recovery of fish
populations. Removal of complete barriers to fish passage will be given
priority consideration, as will proposals for which the bulk of funding
will support on-the-ground implementation activities. Proposals that
address partial barriers will also be considered for funding, but may
receive lower priority. In limited circumstances, the initiative will
consider remedies such as fish ladders that are dependent on proper
stream flows, operation, and maintenance to ensure free passage.
Proposals that request funds for
[[Page 62300]]
feasibility, engineering and/or design in addition to construction
elements may be considered to receive partial funding in 2006 on a
limited basis so that construction elements can move forward in a
timely fashion with funding made available in 2007. This initiative
does not fund feasibility studies, removal, partial removal, or
replacement of barriers owned by the Federal government or dams
licensed by the Federal Energy Regulatory Commission (FERC). Such
proposals will be disqualified.
Restoration of access may include, but is not limited to: complete
dam removal; notching or breaching of dams; removal of barriers such as
culverts that completely or partially block fish passage and
replacement with bridges, fish passable culverts or tide gates; removal
of temporary or seasonal dams that block fish migration; or removal of
other barriers to diadromous fish passage. Restoration activities may
include upstream and/or downstream passage of diadromous fish.
The ORI will emphasize the selection of barrier removal projects
that demonstrate a coordinated effort to maximize quality diadromous
fish habitat within a watershed. Proposals should assess the state of
fish barriers/fish access in the watershed to receive greater
consideration than those that demonstrate little knowledge of other
barriers in the system.
Projects that restore habitats found to be socio-economically
important within their region with regard to such issues as commercial
(e.g., fisheries) and recreational use and/or aesthetic and stewardship
values will be favored. This may include projects that result in
beneficial uses of newly available land previously inundated by a
reservoir. Projects that document community benefits related to
increased business opportunities, removal of potential liability, and/
or improved opportunities for recreation, park use, or other tangible
community benefits will be given priority. However, this initiative
does not fund urban redevelopment components.
While the focus of this initiative is to provide funding and
technical expertise to support on-the-ground implementation of barrier
removal projects that involve significant community support, NOAA
recognizes that accomplishing barrier removal is a multi-faceted effort
involving feasibility studies, project design, engineering services,
permitting, construction, legal considerations, oversight, pre- and
post-removal monitoring, and education and outreach. Applicants may
therefore apply for funding to support a combination of these
activities in addition to the barrier removal itself. NOAA anticipates
that up to $1,000,000 may be made available from a related grants
program to support the feasibility, engineering, and/or design elements
of a proposal in 2006 so that the removal activities can proceed with
additional funding awarded through ORI to successful applicants in 2007
using a multi-year award process. Although barrier removals themselves
are often not suitable for volunteer involvement, projects should
involve an outreach and/or volunteer component tied to the overall
barrier removal goals and activities to receive greater consideration.
Additionally, projects must have pre- and post-project monitoring
components.
Implementation of on-the-ground barrier removal projects must have
clearly identified goals (broad in scope) and specific, measurable
objectives. Evaluating these objectives must involve monitoring during
the project period of at least one structural and one functional
parameter, as supported by Title I of the Estuaries and Clean Waters
Act of 2000, to ensure a basic level of assessment of project success.
Monitoring must be conducted in a timely fashion with a frequency and
length of time appropriate for each parameter in the context of the
project objectives and type. Examples of structural and functional
monitoring parameters for barrier removal project types are available
on the World Wide Web at https://www.nmfs.noaa.gov/habitat/restoration,
and assistance in refining the objectives and/or selecting appropriate
parameters is available from NOAA staff working with the ORI (see FOR
FURTHER INFORMATION CONTACT).
NOAA will consider funding more than one project under a single
award, however all projects should be sufficiently developed as per the
guidelines and information requirements listed in this document for an
application to be competitive, and all projects should be able to be
completed within the award period specified below.
Funding Availability
This solicitation announces that funding of up to $6,000,000 is
expected to be available for ORI Project Grants in FY 2007. NOAA
anticipates that typical project awards will range from $50,000 to
$250,000. Applications requesting less than $30,000 or more than
$1,000,000 from ORI will not be accepted under this solicitation. To
help expedite the implementation of on-the-ground components of barrier
removal projects in 2007, up to $1,000,000 may be available in 2006
from a related NOAA grant program to support feasibility, engineering,
and/or design elements of a small number of projects where the same
application also seeks funding for on-the-ground removal activities.
NOAA does not guarantee that sufficient funds will be available to make
awards for all proposals. The number of awards to be made as a result
of this solicitation will depend on the number of eligible applications
received, the amount of funds requested for initiating barrier removal
projects by the applicants, the merit and ranking of the proposals, and
the amount of funds made available to the ORI by Congress.
NOAA anticipates that between 30 and 50 awards will be made as a
result of this solicitation. The exact amount of funds that may be
awarded will be determined in pre-award negotiations between the
applicant and NOAA representatives. Publication of this document does
not obligate NOAA to award any specific project or obligate all or any
parts of any available funds.
Authority
The Secretary of Commerce is authorized under the Fish and Wildlife
Coordination Act, 16 U.S.C. 661, as amended by the Reorganization Plan
No. 4 of 1970, to provide grants or cooperative agreements for dam and
barrier removal activities to restore fisheries habitat.
Catalogue of Federal Domestic Assistance (CFDA)
11.463, Habitat Conservation
Eligibility
Eligible applicants are institutions of higher education, other
non-profits, industry and commercial (for profit) organizations,
organizations under the jurisdiction of foreign governments,
international organizations, and state, local and Indian tribal
governments whose projects have the potential to benefit NOAA trust
resources. Applications from Federal agencies or employees of Federal
agencies will not be considered. Federal agencies are strongly
encouraged to work with states, non-governmental organizations,
national service clubs or youth corps organizations and others that are
eligible to apply.
The Department of Commerce/National Oceanic and Atmospheric
Administration (DOC/NOAA) is strongly committed to broadening the
participation of historically black colleges and universities,
Hispanic-serving institutions, tribal colleges and universities, and
institutions that work in under served areas. The ORI
[[Page 62301]]
encourages proposals from or involving any of the above institutions.
Cost Sharing or Matching Requirements
A major goal of the ORI will be to provide seed money for projects
that leverage funds and other contributions from a broad public and
private sector to implement locally important barrier removals to
benefit living marine and coastal resources. To this end, applicants
are encouraged to demonstrate a minimum 1:1 non-Federal match for ORI
funds requested to conduct the proposed project. NOAA strongly
encourages applicants to leverage as much investment as possible.
Applicants with less than 1:1 match will not be disqualified, however,
applicants should note that cost sharing is an element considered in
Evaluation Criterion 4: ``Project Costs.''
Match to NOAA funds can come from a variety of public and private
sources and can include in-kind goods and services and volunteer labor.
Federal funds are not considered matching funds. Applicants are
permitted to combine contributions from additional non-Federal partners
in order to meet the 1:1 match expected, as long as such contributions
are not being used to match any other funds. Applicants are also
permitted to apply federally negotiated indirect costs in excess of
Federal share limits.
Applicants whose proposals are selected for funding will be bound
by the percentage of cost sharing reflected in the award document
signed by the NOAA Grants Officer. Successful applicants should be
prepared to carefully document matching contributions, including the
overall number of volunteers and in-kind participation hours devoted to
individual barrier removal projects. Letters of commitment for any
secured resources that will be used as match for an award under this
solicitation should be submitted as an attachment to the application.
Applicants should consider the timing of potential match and awards to
reflect the fact that the majority of funds will not be available until
fiscal year 2007. Match must be applied to the project during the award
period.
Intergovernmental Review
Applications under this initiative are subject to the provisions of
Executive Order 12372, ``Intergovernmental Review of Federal
Programs.'' Applicants are required to complete item 16 on SF-424
regarding clearance by the State Single Point of Contact (SPOC)
established as a result of the Executive Order. To find out about and
comply with a State's process under Executive Order 12372, the names,
addresses and phone numbers of participating SPOC's are available on
the internet at: https://www.whitehouse.gov/omb/grants/spoc.html.
Evaluation and Selection
Reviewers will assign scores to proposals ranging from 0 to 100
points based on the following five standard NOAA evaluation criteria
and respective weights specified below.
1. Importance and Applicability of Proposal (30 points)
This criterion ascertains whether there is intrinsic value in the
proposed work and/or relevance to NOAA, Federal, regional, state or
local activities.
2. Technical/Scientific Merit (30 points)
This criterion assesses whether the approach is technically sound
and/or innovative, if the methods are appropriate, and whether there
are clear project goals and objectives.
3. Overall Qualifications of Applicants (10 points)
This criterion ascertains whether the applicant possesses the
necessary education, experience, demonstrated commitment, training,
facilities, and administrative resources to accomplish the project.
4. Project Costs (15 points)
This criterion evaluates the project's budget to determine if it is
realistic and commensurate with the project needs and time-frame.
5. Outreach, Education and Community Involvement (15 points)
NOAA assesses whether the project provides a focused and effective
education and outreach strategy regarding NOAA's mission.
Applications will be screened by NOAA staff to determine if they
are eligible, complete and in accordance with instructions detailed in
the standard NOAA Grants Application Package. Applications that present
narrative information in the same order as the evaluation criteria set
out above are likely to be more competitive, as reviewers will be more
easily able to identify information that directly translates to
scoring. Eligible barrier removal proposals will undergo a technical
review, ranking, and selection process. As appropriate during this
process, the NOAA Restoration Center will solicit individual technical
evaluations of each project proposed and may request evaluations from
other NOAA offices, the Regional Fishery Management Councils, other
Federal and state agencies, such as state coastal management agencies
and state fish and wildlife agencies, and private and public sector
barrier removal experts who have knowledge of a specific applicant or
project. Proposals also will be reviewed by NOAA regional and
headquarters staff to determine how well they meet the stated aims of
the ORI, and how well the proposal meets the goals of the NOAA Office
of Habitat Conservation (OHC) and the NOAA Habitat Program as these
goals are incorporated into the evaluation criteria.
Applications for barrier removal projects will be evaluated by at
least three individual technical reviewers, including those mentioned
in the above paragraph, according to the criteria and weights listed in
this solicitation and described in detail in the Federal Funding
Opportunity. The reviewers will independently evaluate each application
and provide a score. Composite project scores, a rank order of
applications, and reviewer comments and will be presented to the
Director of the NOAA Restoration Center (Director). The Director, in
consultation with OHC staff, will select the proposals to be
recommended to the Grants Management Division (GMD) for funding and
will determine the amount of funds available for each approved
proposal. The proposals shall be recommended in rank order unless the
proposal is justified to be selected out of rank order based upon one
or more of the following factors:
1. The availability of funding;
2. The balance/distribution of funds: (a) geographically, (b) by
type of institutions, (c) by type of partners, (d) by research areas,
and (e) by project types;
3. Duplication of other projects funded or considered for funding
by NOAA and/or other Federal agencies;
4. Initiative priorities and policy factors as set out in the full
funding opportunity available on grants.gov;
5. The applicant's prior award performance;
6. Partnerships and/or participation of targeted groups; and
7. Adequacy of information necessary for NOAA staff to make a NEPA
determination and draft necessary documentation before funding
recommendations are acted upon by GMD.
Hence, awards may not necessarily be made to the highest scoring
proposals. Unsuccessful applicants will be notified that their proposal
was not among those recommended for funding. Unsuccessful applications
submitted in hard copy will be kept on file until the close of the
following fiscal year then destroyed.
Successful applicants generally will be identified approximately
90-120
[[Page 62302]]
days after the close of this solicitation on January 13, 2006. The
earliest date for receipt of most awards will be approximately 60 days
after the 2007 fiscal year appropriation is enacted, when all NOAA/
applicant final negotiations and NEPA analysis and documentation
supporting cooperative agreement activities have been completed.
Applicants should consider this selection and processing time in
developing requested start dates for proposed barrier removal
activities; NOAA suggests reasonable start dates of winter/spring 2007.
National Environmental Policy Act (NEPA)
NOAA must analyze the potential environmental impacts, as required
by the National Environmental Policy Act (NEPA), for applicant projects
or proposals which are seeking NOAA federal funding opportunities.
Detailed information on NOAA compliance with NEPA can be found at the
following NOAA NEPA website: https://www.nepa.noaa.gov/, including our
NOAA Administrative Order 216-6 for NEPA, https://www.nepa.noaa.gov/
NAO216_6_TOC.pdf, and the Council on Environmental Quality
implementation regulations, https://ceq.eh.doe.gov/nepa/regs/ceq/toc_
ceq.htm).
Consequently, as part of an applicant's package, and under their
description of their program activities, applicants are required to
provide detailed information on the activities to be conducted,
locations, sites, species and habitat to be affected, possible
construction activities, and any environmental concerns that may exist
(e.g., the use and disposal of hazardous or toxic chemicals,
introduction of non-indigenous species, impacts to endangered and
threatened species, aquaculture projects, and impacts to coral reef
systems).
In addition to providing specific information that will serve as
the basis for any required impact analyses, applicants may also be
requested to assist NOAA in drafting of an environmental assessment, if
NOAA determines an assessment is required. Applicants will also be
required to cooperate with NOAA in identifying and implementing
feasible measures to reduce or avoid any identified adverse
environmental impacts of their proposal. The failure to do so shall be
grounds for the denial of an application.
Pre-Award Notification Requirements for Grants and Cooperative
Agreements
The Department of Commerce Pre-Award Notification Requirements for
Grants and Cooperative Agreements contained in the Federal Register
notice of December 30, 2004 (69 FR 78389) are applicable to this
solicitation.
Limitation of Liability
In no event will NOAA or the Department of Commerce be responsible
for proposal preparation costs if this initiative fails to receive
funding or is cancelled because of other agency priorities. Publication
of this announcement does not oblige NOAA to award any specific project
or to obligate any available funds. Recipients and sub-recipients are
subject to all Federal laws, agency policies, regulations and
procedures applicable to Federal financial assistance awards.
Paperwork Reduction Act
This notification involves collection-of-information requirements
subject to the Paperwork Reduction Act. The use of Standard Forms 424,
424A, 424B, and SF-LLL and CD-346 has been approved by the Office of
Management and Budget (OMB) under OMB control numbers 0348-0043, 0348-
0044, 0348-0040, 0348-0046 and 0605-0001 respectively. 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
It has been determined that this notice is not significant for
purposes of Executive Order 12866.
Executive Order 13132 (Federalism)
It has been determined that this notice does not contain policies
with Federalism implications as that term is defined in Executive Order
13132.
Administrative Procedure Act/Regulatory Flexibility Act
Prior notice and an opportunity for public comment are not required
by the Administrative Procedure Act or any other law for rules
concerning public property, loans, grants, benefits, and contracts (5
U.S.C. 553(a)(2)). Because notice and opportunity for comment are not
required pursuant to 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are inapplicable. Therefore, a regulatory flexibility analysis has not
been prepared.
Dated: October 26, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-21617 Filed 10-26-05; 1:26 pm]
BILLING CODE 3510-22-S
