Notices. Notice; re-open competition solicitation
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/register/2005/10/20/05-21027·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-11-M DEPARTMENT OF COMMERCE International Trade Administration [A-475-826] Certain Cut-To-Length Carbon-Quality Steel Plate Products from Italy; Notice of Extension of Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 20, 2005. FOR FURTHER INFORMATION CONTACT: Thomas Martin; Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone
(202)482-5253. SUMMARY: The Department of Commerce (“the Department”) is extending the time limit for completing the preliminary results of antidumping duty administrative review of certain cut-to-length carbon-quality steel plate products (“CTL Plate”) from Italy. SUPPLEMENTARY INFORMATION: Background The Department published an antidumping duty order on CTL Plate from Italy on February 10, 2000. *See Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-Length Carbon-Quality Steel Plate Products from France, India, Indonesia, Italy, Japan and the Republic of Korea* , 65 FR 6585 (February 10, 2000). Nucor Corporation, a domestic interested party, requested that the Department conduct an administrative review of the order. See Letter from Nucor Corporation, dated February 28, 2005. On March 23, 2005, the Department published the initiation notice of the administrative review of the antidumping duty order on CTL Plate from Italy. *See Initiation of Antidumping Duty and Countervailing Duty Reviews and Requests for Revocation in Part* , 70 FR 14643 (March 23, 2005). The deadline for issuing the preliminary results of administrative review is currently October 31, 2005. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations allow the Department to extend this deadline to a maximum of 365 days. In this case, the Department requires additional time to further analyze one respondent's claims about knowledge and the ultimate destination of subject imports. Therefore, the Department determines that it is not practicable to complete the review by October 31, 2005. For this reason, we are extending the time limit for completing the preliminary results to no later than February 28, 2005, in accordance with section 751(a)(3)(A) of the Act. We intend to issue the final results of review no later than 120 days after publication of the notice of the preliminary results. This notice is being issued and published in accordance with section 751(a)(3)(A) and 777(i)(1) of the Act. Dated: October 13, 2005. Holly A. Kuga, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5793 Filed 10-19-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-848] Notice of Extension of the Preliminary Results of New Shipper Antidumping Duty Reviews: Freshwater Crawfish Tail Meat from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“Department”) is conducting new shipper antidumping duty reviews of freshwater crawfish tail meat from the People's Republic of China (“PRC”) in response to requests by respondents Shanghai Sunbeauty Trading Co., Ltd., (“Shanghai Sunbeauty”), Jiangsu Jiushoutang Organisms-Manufactures Co., Ltd., (“Jiangsu JOM”), and Qingdao Wentai Trading Co., Ltd., (“Qingdao Wentai”). These reviews cover shipments to the United States for the period September 1, 2004, to February 28, 2005, by these three respondents. For the reasons discussed below, we are extending the preliminary results of these new shipper reviews by an additional 120 days, to no later than February 23, 2006. EFFECTIVE DATE: October 20, 2005. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Stephen Berlinguette; AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-1386 and
(202)482-3740, respectively. SUPPLEMENTARY INFORMATION: Background The Department received timely requests from Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai in accordance with 19 CFR 351.214(c) for new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the PRC. On April 29, 2005, the Department found that the requests for review with respect to Shanghai Sunbeauty, Jiangsu JOM, and Qingdao Wentai met all the regulatory requirements set forth in 19 CFR 351.214(b) and initiated these new shipper antidumping duty reviews covering the period September 1, 2004, through February 28, 2005. *See Freshwater Crawfish Tail Meat From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews* , 70 FR 23987 (May 6, 2005). Extension of Time Limits for Preliminary Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the preliminary results of a new shipper review to 300 days if it determines that the case is extraordinarily complicated (19 CFR 351.214 (i)(2)). The Department has determined that the review is extraordinarily complicated as the Department must gather additional publicly available information, issue additional supplemental questionnaires, and conduct verifications of the three respondents. Based on the timing of the case and the additional information that must be gathered and verified, the preliminary results of this new shipper review cannot be completed within the statutory time limit of 180 days. Accordingly, the Department is extending the time limit for the completion of the preliminary results by 120 days from the original October 26, 2005, deadline, to February 23, 2006, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). The final results will, in turn, be due 90 days after the date of issuance of the preliminary results, unless extended. This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act. Dated: October 14, 2005. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-5790 Filed 10-19-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta from Italy: Notice of Court Decision Not in Harmony AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 14, 2005, the United States Court of International Trade (“CIT”) held void *ab initio* the Department of Commerce's (“the Department”) initiation of the sixth administrative review of the antidumping duty order with regard to PAM, S.p.A. and JCM, Ltd. (“PAM”) in all respects. *See PAM S.p.A. & JCM, Ltd. v. United States* , Court No. 04-00082, Slip. Op. 05-124 (CIT, Sept. 14, 2005) (“ *PAM v. United States* ”). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) in *Timken Co. v. United States* , 893 F.2d 337 (Fed. Cir. 1990) (“ *Timken* ”), the Department is notifying the public that the *PAM v. United States* decision was “not in harmony” with the Department's original results. EFFECTIVE DATE: September 24, 2005. FOR FURTHER INFORMATION CONTACT: Preeti Tolani, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Room 4012, 14 th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0395. SUPPLEMENTARY INFORMATION: Background On July 1, 2002, the Department published a notice of opportunity to request an administrative review of the antidumping duty order for certain pasta from Italy. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity To Request Administrative Review* , 67 FR 44172 (July 1, 2002). In response, the Department received requests for review of thirteen respondent companies, including PAM, from domestic petitioners. 1 Petitioners served their requests for administrative reviews upon all respondent companies except for PAM. On August 27, 2002, the Department published a notice of initiation of its sixth antidumping duty administrative review covering the period of July 1, 2001, through June 30, 2002, listing PAM and twelve other companies as respondents. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 67 FR 55000 (August 27, 2002). Thereafter, PAM notified the Department that PAM was not served properly with a request for review. On August 7, 2003, the Department published its preliminary results of the sixth administrative review of the antidumping duty order where it applied adverse facts available for PAM to arrive at an antidumping margin of 45.49 percent. *See Notice of Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review and Intent Not to Revoke in Part: For the Sixth Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy* , 68 FR 47020 (August 7, 2003). On February 10, 2004, the Department published its final results, which affirmed its decisions in the preliminary results. *See Notice of Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke in Part: For the Sixth Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy* , 69 FR 6255 (Feb. 10, 2004). 1 New World Pasta Company, Dakota Growers Pasta Company, Borden Foods Corporation, and American Italian Pasta Company. PAM challenged that the initiation of this review, as well as its subsequent results, should be void *ab initio* because petitioners failed to serve their request for initiation of the review in violation of 19 C.F.R. § 351.303(f)(3)(ii) (2002). The CIT granted PAM's motions for judgment on the agency record, held void *ab initio* the initiation of the sixth administrative review of the antidumping duty order with respect to PAM, and directed the Department to rescind the sixth administrative review of the antidumping duty order with respect to PAM. Timken Notice In its decision in *Timken* , the Federal Circuit held that, pursuant to 19 U.S.C. § 1516a(e), the Department must publish notice of a decision of the CIT which is “not in harmony” with the Department's results. The CIT's decision in *PAM v. United States* was not in harmony with the Department's final antidumping duty results. Therefore, publication of this notice fulfills the obligation imposed upon the Department by the decision in *Timken* . In addition, this notice will serve to continue the suspension of liquidation. If this decision is not appealed, or if appealed, it is upheld, the Department will rescind the sixth administrative review of the antidumping duty order with respect to PAM. Dated: October 7, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5794 Filed 10-19-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-580-807] Polyethylene Terephthalate Film from Korea; Continuation of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission
(ITC)that revocation of the antidumping duty order on polyethylene terephthalate
(PET)film from Korea would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of this antidumping duty order. EFFECTIVE DATE: October 20, 2005. FOR INFORMATION CONTACT: Dana Mermelstein or Robert James, AD/CVD Operations, Offices 6 and 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone:
(202)482-1391 or
(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The antidumping duty order on PET film from Korea covers shipments of all gauges of raw, pre-treated, or primed polyethylene terephthalate film, sheet, and strip, whether extruded or co-extruded. The films excluded from this order are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches (0.254 micrometers) thick. Roller transport cleaning film which has at least one of its surfaces modified by the application of 0.5 micrometers of SBR latex has also been ruled as not within the scope of the order. PET film is currently classifiable under Harmonized Tariff Schedule
(HTS)subheading 3920.62.00.00. 1 While the HTS subheading is provided for convenience and for customs purposes, the written description remains dispositive as to the scope of the product coverage. 1 Effective July 1, 2003, the HTS subheading 3920.62.00.00 was divided into 3920.62.00.10 (metallized PET film) and 3920.62.00.90 (non-metallized PET film). Background On February 2, 2005, the Department initiated and the ITC instituted sunset reviews of the antidumping duty order on PET film from Korea pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). *See Initiation of Five-year (“Sunset”) Reviews* , 70 FR 5415 (February 2, 2005) and *Polyethylene Terephthalate
(PET)Film from Korea, Investigation No. 731-TA-459 (Second Review)* , 70 FR 5473 (February 2, 2005). As a result of its review, the Department found that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of margins likely to prevail were the order to be revoked. *See Polyethylene Terephthalate Film from Korea; Five year (Sunset) Reviews of Antidumping Duty Order; Final Results* , 70 FR 53627 (September 9, 2005). On October 3, 2005, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on PET film from Korea would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See USITC Publication 3800 (September 2005) and *Polyethylene Terephthalate
(PET)Film from Korea, Investigation No. 731-TA-459 (Second Review)* , 70 FR 58748 (October 7, 2005). Determination As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on PET film from Korea. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order will be the date of publication in the **Federal Register** of this Notice of Continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of this order not later than February 2010. This five-year (sunset) review and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: October 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5792 Filed 10-19-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-588-702, A-580-813, A-583-816] Certain Stainless Steel Butt-Weld Pipe Fittings from Japan, South Korea, and Taiwan; Continuation of Antidumping Duty Orders AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission
(ITC)that revocation of the antidumping duty orders on certain stainless steel butt-weld pipe fittings (pipe fittings) from Japan, South Korea, and Taiwan would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of these antidumping duty orders. EFFECTIVE DATE: October 20, 2005. FOR FURTHER INFORMATION: Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone:
(202)482-1391. SUPPLEMENTARY INFORMATION: Background On February 2, 2005, the Department and the ITC instituted sunset reviews of the antidumping duty orders on pipe fittings from Japan, South Korea, and Taiwan pursuant to section 751(c) of the Act. *See Initiation of Five-year (“Sunset”) Reviews* , 70 FR 5415 (Feb. 2, 2005). As a result of its review, the Department found that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked. *See Certain Stainless Steel Butt-Weld Pipe Fittings from Japan, South Korea, and Taiwan; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders* , 70 FR 53631 (Sept. 9, 2005). On October 3, 2005, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty orders on pipe fittings from Japan, Korea, and Taiwan would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. *See* USITC Publication 3801 (September 2005) and *Stainless Steel Butt-Weld Pipe Fittings from Japan, Korea, and Taiwan* , Inv. Nos. 731-TA-376, 563, and 564 (Second Review) 70 FR 58748 (Oct. 7, 2005). Scope of the Orders Japan The products covered by this order include certain stainless steel butt-weld pipe and tube fittings, or SSPFs. These fittings are used in piping systems for chemical plants, pharmaceutical plants, food processing facilities, waste treatment facilities, semiconductor equipment applications, nuclear power plants and other areas. This merchandise is classifiable under the Harmonized Tariff Schedules of the United States (HTSUS) subheading 7307.23.0000. While the HTSUS subheading is provided for convenience and for customs purposes, the written product description remains dispositive as to the scope of the product coverage. South Korea The products subject to this order are certain welded stainless steel butt-weld pipe fittings (pipe fittings), whether finished or unfinished, under 14 inches in inside diameter. Pipe fittings are used to connect pipe sections in piping systems where conditions require welded connections. The subject merchandise can be used where one or more of the following conditions is a factor in designing the piping system:
(1)Corrosion of the piping system will occur if material other than stainless steel is used;
(2)contamination of the material in the system by the system itself must be prevented;
(3)high temperatures are present;
(4)extreme low temperatures are present;
(5)high pressures are contained within the system. Pipe fittings come in a variety of shapes, and the following five are the most basic: “elbows,” “tees,” “reducers,” “stub ends,” and “caps.” The edges of finished fittings are beveled. Threaded, grooved, and bolted fittings are excluded from this review. The pipe fittings subject to this order are classifiable under subheading 7307.23.00 of the HTSUS. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Taiwan The products subject to this order are certain stainless steel butt-weld pipe fittings, whether finished or unfinished, under 14 inches inside diameter. Certain welded stainless steel butt-weld pipe fittings (pipe fittings) are used to connect pipe sections in piping systems where conditions require welded connections. The subject merchandise is used where one or more of the following conditions is a factor in designing the piping system:
(1)Corrosion of the piping system will occur if material other than stainless steel is used;
(2)contamination of the material in the system by the system itself must be prevented;
(3)high temperatures are present;
(4)extreme low temperatures are present; and
(5)high pressures are contained within the system. Pipe fittings come in a variety of shapes, with the following five shapes the most basic: “elbows,” “tees,” “reducers,” “stub ends,” and “caps.” The edges of finished pipe fittings are beveled. Threaded, grooved, and bolted fittings are excluded from this review. The pipe fittings subject to this order are classifiable under subheading 7307.23.00 of the HTSUS. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Determination As a result of the determinations by the Department and the ITC that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on pipe fittings from Japan, South Korea, and Taiwan. U.S. Customs and Border Protection
(CBP)will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the **Federal Register** of this Notice of Continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than October 2010. These five-year (sunset) reviews and notices are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: October 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-5791 Filed 10-19-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 030602141-5255-26] Availability of Grants Funds for Fiscal Year 2006 AGENCY: Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice; re-open competition solicitation. SUMMARY: The National Oceanic and Atmospheric Administration, Oceanic and Atmospheric Research publishes this notice to reopen the competitive solicitation for the Ballast Water Technology Demonstration Program (Research, Development, Testing and Evaluation Facility). DATES: The new deadline for the receipt of preliminary proposals for the Ballast Water Technology Demonstration Program (Research, Development, Testing and Evaluation Facility) is 5 p.m. EDT October 27, 2005 for both electronic and paper applications. The deadline for receipt of FULL proposals remains unchanged at 4 p.m. EST, January 6, 2006. ADDRESSES: The address for submitting Proposals electronically is: *http://www.grants.gov/* . (Electronic submission is strongly encouraged). Paper submissions should be sent to the National Sea Grant Office, Attn: Mrs. Geraldine Taylor, SG-Ballast Water, 1315 East-West Highway, R/SG, Rm. 11732, Silver Spring, MD 20910. Telephone number for express mail applications is 301-713-2445. Full proposals should be submitted through *Grants.gov* . FOR FURTHER INFORMATION CONTACT: Dorn Carlson, NOAA National Sea Grant Office, 301-713-2435; via Internet at *Dorn.Carlson@noaa.gov* ; or Pamela Thibodeaux, U.S. Fish and Wildlife Service, 703-358-2493; via Internet at P *amela_Thibodeaux@fws.gov* . Further background information can be obtained from the above information contacts, or on the Ballast Water Program Web site, *http://www.seagrant.noaa.gov/research/ nonindigenous/ballast* . SUPPLEMENTARY INFORMATION: This program was originally solicited in the **Federal Register** on June 30, 2005, as part of the June, 2005 NOAA Omnibus solicitation. The original deadline for receipt of preliminary proposals was 4 p.m., EDT, on September 23, 2005. NOAA re-opens the solicitation period to provide the public more time to submit preliminary proposals. The new deadline for the receipt of proposals is October 27, 2005, for both electronic and paper applications. All applications that are received between September 23, 2005 and the date of publication of this notice will be considered timely. All other requirements for this solicitation remain the same. The deadline for receipt of FULL proposals remains unchanged at 4 p.m. EST, January 6, 2006. The preliminary proposal solicitation for the other Ballast Water Technology Demonstration Program (Treatment Technology Demonstration Projects) is not reopened, and the submission deadline for full proposals in that competition remains unchanged. Limitation of Liability Funding for programs listed in this notice is contingent upon the availability of Fiscal Year 2006 appropriations. Applicants are hereby given notice that funds have not yet been appropriated for the programs listed in this notice. In no event will NOAA or the Department of Commerce be responsible for proposal preparation costs if these programs fail to receive funding or are 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. Universal Identifier Applicants should be aware that they are required to provide a Dun and Bradstreet Data Universal Numbering System
(DUNS)number during the application process. See the October 30, 2002 **Federal Register** , Vol. 67, No. 210, pp. 66177-66178, for additional information. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711 or via the Internet ( *http://www.dunandbradstreet.com* ). 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 Web site: *http://www.nepa.noaa.gov/* , including our NOAA Administrative Order 216-6 for NEPA, *http://www.nepa.noaa.gov/NAO216_6_TOC.pdf* , and the Council on Environmental Quality implementation regulations, *http://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 feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. The failure to do so shall be grounds for not selecting an application. In some cases if additional information is required after an application is selected, funds can be withheld by the Grants Officer under a special award condition requiring the recipient to submit additional environmental compliance information sufficient to enable NOAA to make an assessment on any impacts that a project may have on the environment. 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. Paperwork Reduction Act This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Standard Forms 424, 424A, 424B, SF-LLL, and CD-346 has been approved by the Office of Management and Budget
(OMB)under the respective control numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Executive Order 12866 This notice has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/ Regulatory Flexibility Act Prior notice and an opportunity for public 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 13, 2005. Mark E. Brown, Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 05-21027 Filed 10-19-05; 8:45 am]
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