Notices. Notice of funding availability

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BILLING CODE 3510-DS-M DEPARTMENT OF COMMERCE International Trade Administration [A-507-502] Certain In-Shell Raw Pistachios from Iran: Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce SUMMARY: In response to a request from Cal Pure Pistachios, Inc. (Cal Pure), a domestic interested party, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain in-shell raw pistachios (raw pistachios) from Iran. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 24, 2007).

This review covers the period July 1, 2006, through June 30, 2007. We are now rescinding this review due to Cal Pure's withdrawal of its request for review. EFFECTIVE DATE: February 20, 2008. FOR FURTHER INFORMATION CONTACT: Dena Crossland or John Drury, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-3362 or

(202)482-0195, respectively. SUPPLEMENTARY INFORMATION: Background On July 17, 1986, the Department published in the **Federal Register** a notice of the antidumping duty order on raw pistachios from Iran. *See Antidumping Duty Order; Certain In-Shell Pistachios from Iran* , 51 FR 25922 (July 17, 1986). On July 3, 2007, the Department published the opportunity to request an administrative review of the antidumping duty order on raw pistachios from Iran for the period July 1, 2006, through June 30, 2007. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 72 FR 36420 (July 3, 2007). In accordance with 19 CFR 351.213(b)(1), on July 24, 2007, Cal Pure, a domestic interested party, requested an administrative review of the sales of subject merchandise from Iran for the following companies: Ahmadi's Agricultural Production, Processing and Trade Complex (Ahmadi); Maghsoudi Farms (Maghsoudi); Rafsanjan Pistachio Producers Cooperative (RPPC); Razi Domghan Agricultural & Animal Husbandry Co. (Razi); and Tehran Negah Nima Trading Company Inc. (Nima). On August 24, 2007, the Department published in the **Federal Register** a notice of initiation of this antidumping duty administrative review covering the period July 1, 2006, through June 30, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 24, 2007). On September 10, 2007, the Department issued its antidumping duty questionnaire to Ahmadi, Maghsoudi, Nima, Razi, and RPPC. On September 26, 2007, a former representative on behalf of RPPC notified the Department that it was no longer representing RPPC and provided a new mailing address for RPPC. On September 28, 2007, the Department sent RPPC the original questionnaire to the new mailing address in Iran. *See* Memorandum to the File from Judy Lao, Analyst, through Angelica Mendoza, Program Manager, dated October 3, 2007. On October 4, 2007, the representative for Maghsoudi, Nima, and Razi informed the Department that it would not be filing responses to the Department's questionnaire as Maghsoudi, Nima, and Razi did not export or ship subject merchandise during the period of review (POR). *See* Memorandum to the File from Judy Lao, Analyst, through Angelica Mendoza, Program Manager, dated October 12, 2007. On October 5, 2007, the Department received notice that the RPPC did not receive the antidumping questionnaire, and re-sent the original questionnaire, and changed the due dates for RPPC's responses, after revising the shipping information. *See* Memorandum to the File from Judy Lao, Analyst, through Angelica Mendoza, Program Manager, dated October 9, 2007. On October 10, 2007, Ahmadi's representative informed the Department that it would not be filing responses to the Department's questionnaire as it did not export or ship subject merchandise during the POR. *See* Letter from Ahmadi's Agricultural Production, Processing and Trade Complex, dated October 10, 2007. On November 2, 2007, the Department sent a letter to RPPC because it had not responded to section A of the Department's antidumping questionnaire by the October 25, 2007, deadline. In the November, 2, 2007, letter, the Department instructed RPPC to notify the Department if it did not have any U.S. sales or shipments during the POR, or to submit its section A questionnaire response by November 9, 2007. The Department did not receive a reply from RPPC. On November 30, 2007, the Department issued a “No Shipment Inquiry” to U.S. Customs and Border Protection

(CBP)to confirm that there were no shipments or entries of raw pistachios from Iran produced and/or exported by Ahmadi, Maghsoudi, Nima, or Razi during the POR of the instant review. CBP only responds to the Department's inquiry when CBP finds that there have been shipments. CBP did not respond to the Department's inquiry, and no party submitted comments. *See* Memorandum to the File Regarding Ahmadi's Agricultural Production, Processing and Trade Complex; Maghsoudi Farms; Razi Domghan Agricultural and Animal Husbandry Co.; and Tehran Negah Nima Trading Company Inc. No Shipments of Certain In-Shell Raw Pistachios from Iran Pursuant to U.S. Customs and Border Protection Inquiry, from Dena Crossland, Analyst, through Angelica L. Mendoza, Program Manager, dated January 2, 2008. On January 14, 2008, Cal Pure withdrew its request for review with respect to Ahmadi, Maghsoudi, Nima, Razi, and RPPC. Rescission of the Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. The Secretary may extend this time limit if the Secretary decides that it is reasonable to do so. *See* 19 CFR 351.213(d)(1). Although Cal Pure's withdrew its request for review after 90 days of the date of publication of the notice of initiation, the Department determines it is reasonable under these circumstances to accept the request. Specifically, no party has objected to Cal Pures' late withdrawal and the Department has not expended significant resources to date in conducting this review. Therefore, in response to Cal Pure's withdrawal of its request for administrative reviews pursuant to 19 CFR 351.213(d)(1), the Department hereby rescinds the administrative review of the antidumping duty order on raw pistachios from Iran for the period June 1, 2006, through July 31, 2007. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of this rescission of administrative review. The Department clarified its “automatic assessment” regulation on May 6, 2003 (68 FR 23954). *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by any of the companies for which we are rescinding this review, and for which each no-shipment respondent did not know its merchandise would be exported by another company to the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. This notice 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(a)(3). Timely written notification of the return or 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. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 11, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3145 Filed 2-19-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 20, 2008. SUMMARY: The Department of Commerce (“Department”) hereby publishes a list of scope rulings completed between October 1, 2007, and December 31, 2007. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of December 31, 2007. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Juanita H. Chen, AD/CVD Operations, SEC Office, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 202-482-1904. SUPPLEMENTARY INFORMATION: Background The Department's regulations provide that the Secretary will publish in the **Federal Register** a list of scope rulings on a quarterly basis. *See* 19 CFR 351.225(o). Our most recent notification of scope rulings was published on November 5, 2007. *See Notice of Scope Rulings,* 72 FR 62438 (November 5, 2007). This current notice covers all scope rulings and anticircumvention determinations completed by Import Administration between October 1, 2007, and December 31, 2007, inclusive, and it also lists any scope or anticircumvention inquiries pending as of December 31, 2007. As described below, subsequent lists will follow after the close of each calendar quarter. *Scope Rulings Completed Between October 1, 2007, and December 31, 2007:* People's Republic of China *A-570-504: Petroleum Wax Candles from the People's Republic of China* Requestor: Lamplight Farms, Inc.; its Tiki Mosquito Candle is not included within the scope of the antidumping duty order; December 13, 2007. *A-570-504: Petroleum Wax Candles from the People's Republic of China* Requestor: Signature Brands, Inc.; Jumbo Pumpkin Candles (item #00337WM and 0033712) are included within the scope of the antidumping duty order; December 17, 2007. *A-570-803: Heavy Forged Hand Tools, With or Without Handles from the People's Republic of China* Requestor: Fiskars Brands, Inc.; the stamped machete, gator machete, and brush axe are not included within the scope of the antidumping duty order; October 29, 2007. *A-570-848: Freshwater Crawfish Tailmeat from the People's Republic of China* Requestor: Maritime Products International; breaded crawfish tailmeat is included within the scope of the antidumping duty order; November 9, 2007. *A-570-868: Folding Metal Tables and Chairs from the People's Republic of China* Requestor: International E-Z Up, Inc.; its Instant Work Bench is not within the scope of the antidumping duty order; October 4, 2007. Multiple Countries *A-533-809: Certain Forged Stainless Steel Flanges from India; A-583-821: Certain Forged Stainless Steel Flanges from Taiwan* Requestor: Lokring Technology Corporation; certain assemblies comprising stainless steel flanges from India or Taiwan welded to stainless steel “half-bodies” with swage rings, and completed in Canada, are not within the scope of the order; October 4, 2007. *A-549-821: Polyethylene Retail Carrier Bags from Thailand; A-557-813: Polyethylene Retail Carrier Bags from Malaysia; A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China* Requestor: Asia Dynamics, Inc.; certain hospital patient belongings bags (model nos. 304211, 304311, 304411, 304611, 304711, 304811, 40219, 40229) are not within the scope of the antidumping duty order; November 15, 2007. *A-549-821: Polyethylene Retail Carrier Bags from Thailand; A-557-813: Polyethylene Retail Carrier Bags from Malaysia; A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China* Requestor: Medline Industries, Inc.; certain hospital patient belongings bags (drawstring bags model nos. NON026310, NON026330, NON026370; rigid handle bags model nos. NON026320, NON026320GR, NON026340; cut out handle bags model no. NON026350) are not within the scope of the antidumping duty order; November 15, 2007. *Anticircumvention Determinations Completed Between October 1, 2007, and December 31, 2007:* None. *Scope Inquiries Terminated Between October 1, 2007, and December 31, 2007:* None. *Anticircumvention Inquiries Terminated Between October 1, 2007, and December 31, 2007:* None. *Scope Inquiries Pending as of December 31, 2007:* Italy *A-475-703: Granular Polytetrafluoroethylene Resin from Italy* Requestor: Petitioner, E.I. DuPont de Nemours & Company; whether imports of Polymist[reg] feedstock produced by the respondent Solvay Solexis, Inc. and Solvay Solexis S.p.A. are within the scope of the antidumping duty order; requested August 18, 2006; initiated October 2, 2006; preliminary ruling July 2, 2007. People's Republic of China *A-570-502: Iron Construction Castings from the People's Republic of China* Requestor: A.Y. McDonald Mfg. Co.; whether cast iron lids and bases independently sourced from the PRC for its “Arch Pattern” and “Minneapolis Pattern” curb boxes are included within the scope of the antidumping duty order; requested April 2, 2007. *A-570-827: Cased Pencils from the People's Republic of China* Requestor: Walgreen Co.; whether the “Artskills TM Draw & Sketch Kit” is included within the scope of the antidumping duty order; requested May 25, 2007. *A-570-827: Cased Pencils from the People's Republic of China* Requestor: Walgreen Co.; whether the “Artskills TM Stencil Kit” is included within the scope of the antidumping duty order; requested May 25, 2007. *A-570-827: Cased Pencils from the People's Republic of China* Requestor: The Smencil Company; whether its not yet scent applied newspaper pencils are included within the scope of the antidumping duty order; requested July 5, 2007. *A-570-864: Pure Magnesium in Granular Form from the People's Republic of China* Requestor: ESM Group Inc.; whether atomized ingots are included within the scope of the antidumping duty order; original scope ruling rescinded and vacated April 18, 2007 1 ; initiated April 18, 2007. 1 *See Notice of Scope Rulings,* 72 FR 43245, 43246 (August 3, 2007). *A-570-866: Folding Gift Boxes from the People's Republic of China* Requestor: Footstar; whether certain boxes for business cards and forms are included within the scope of the antidumping duty order; requested April 26, 2007. *A-570-866: Folding Gift Boxes from the People's Republic of China* Requestor: Hallmark Cards, Inc.; whether its “FunZip” gift presentation is included within the scope of the antidumping duty order; requested June 1, 2007. *A-570-875: Non-Malleable Cast Iron Pipe Fittings from the People's Republic of China* Requestor: Taco Inc.; whether black cast iron flange, green ductile iron flange and cast iron “Twin Tee” are included within the scope of the antidumping duty order; requested September 6, 2007. *A-570-882: Refined Brown Aluminum Oxide from the People's Republic of China* Requestor: 3M Company; whether certain semi-friable and heat-treated, specialty aluminum oxides are within the scope of the antidumping duty order; requested September 19, 2006; initiated January 17, 2007. *A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China* Requestor: Majestic International; whether certain polyethylene gift bags (UPC codes starting with 8-51603- and ending with: 00002-3, 00004-7, 00140-2, 00141-9, 00142-6, 00041-2, 00040-5, 00052-8, 00059-7, 00066-5, 00068-9, 00071-9, 00072-6, 00075-7, 00076-4, 00092-4, 00093-1, 00094-8, 00098-6, 00131-0, 00132-7, 00133-4, 00144-0, 00145-7, 00152-5, 00153-2, 00155-6, 00156-3, 00160-0, 00163-1, 00165-5, 00166-2, 00175-4, 00176-1, 00181-5, 00183-9, 00226-3, 00230-0, 00231-7, 00246-1, 00251-5, 00252-2, 00253-9, 00254-6, 00255-3, 00256-0, 00257-7, 00259-1, 00260-7, 00262-1, 00263-8, 00300-0, 00301-7, 00302-4, 00303-1, 00305-5, 00306-2, 00307-9, 00308-6, 00309-3, 00350-5, 00351-2, 00352-9, 00353-6, 00354-3, 00355-0, 00356-7, 00357-4, 00358-1) are included within the scope of the antidumping duty order; requested June 2, 2007. *A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China* Requestor: DMS Holdings, Inc.; whether certain MABIS Healthcare hospital bags (biohazard disposal bag nos. 75-860-010, 75-860-080, 75-864-080; isolation bag no. 75-850-000; patient set-up bag nos. 75-833-000, 75-842-000, 75-970-550, 75-973-550, 75-979-550; personal belongings bag nos. 75-010-850, 75-011-850, 75-013-850, 75-014-850, 75-019-850, 75-032-850, 75-033-850, 75-036-850, 75-037-850, 75-038-850, 75-046-850, 75-047-850, 75-075-850, 75-105-850, 75-109-850, 75-110-850, 75-111-850, 75-117-850, 75-118-850, 75-120-850, 75-834-000, 75-838-000, 75-839-000, 75-844-000, 75-845-000, 75-847-000; kit packing bag nos.75-801-000, 75-802-000, 75-803-000, 75-804-000, 75-862-000, 75-863-000, 75-865-000) are included within the scope of the antidumping duty order; requested June 8, 2007. *A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China* Requestor: Medline Industries, Inc.; whether certain hospital patient belongings bags and surgical kit bags (drawstring bags model nos. DS500C, DS400C, DONDS600, 38667, 7510, 42818, 25117, 28614, 42817; rigid handle bag model no. 26900) are included within the scope of the antidumping duty order; requested June 15, 2007. *A-570-886: Polyethylene Retail Carrier Bags from the People's Republic of China* Requestor: Rayton Produce Packaging Inc.; whether its promotional bag (model #F-OPPAPEJZLG) is included within the scope of the antidumping duty order; requested November 20, 2007. *A-570-890: Wooden Bedroom Furniture from the People's Republic of China* Requestor: AP Industries; whether convertible cribs (model nos. 1000-0100; 1000-0125; 1000-0160; 1000-1195/2195; 1000-2145; and 1000-2165) are included within the scope of the antidumping duty order; requested June 26, 2007. *A-570-890: Wooden Bedroom Furniture from the People's Republic of China* Requestor: Dutailier Group, Inc.; whether its convertible cribs (infant crib to toddler bed; model numbers 1230C8, 3500C8, 5400C8, 5500C8, and 6200C8) are included within the scope of the antidumping duty order; requested September 21, 2007. *A-570-890: Wooden Bedroom Furniture from the People's Republic of China* Requestor: Armel Enterprises, Inc.; whether children's playroom and accent furniture is included within the scope of the antidumping duty order; requested September 24, 2007. *A-570-890: Wooden Bedroom Furniture from the People's Republic of China* Requestor: Shermag Inc.; whether the Three-in-One Crib (model #2056-48, 2110-49, and 2045-48) are included within the scope of the antidumping duty order; requested November 2, 2007. *A-570-890: Wooden Bedroom Furniture from the People's Republic of China* Requestor: Target Corporation; whether the Shabby Chic secretary desk and mirror are included within the scope of the antidumping duty order; requested November 30, 2007. *A-570-891: Hand Trucks from the People's Republic of China* Requestor: Northern Tool & Equipment Co.; whether a high-axle torch cart (item #164771) is included within the scope of the antidumping duty order; requested March 27, 2007. *A-570-891: Hand Trucks from the People's Republic of China* Requestor: WelCom Products, Inc.; whether its “miniature” Magna Cart is included within the scope of the antidumping duty order; requested August 20, 2007. *A-570-891: Hand Trucks from the People's Republic of China* Requestor: Eastman Outdoors, Inc.; whether its deer cart (model #9930) is included within the scope of the antidumping duty order; requested October 17, 2007. *A-570-891: Hand Trucks from the People's Republic of China* Requestor: WelCom Products, Inc.; whether its MCX Magna Cart is included within the scope of the antidumping duty order; requested November 19, 2007. *A-570-898: Chlorinated Isocyanurates from the People's Republic of China* Requestor: BioLab, Inc.; whether chlorinated isocyanurates originating in the People's Republic of China, that are packaged, tableted, blended with additives, or otherwise further processed in Canada by Capo Industries, Ltd., before entering the U.S., are included within the scope of the antidumping duty order; requested November 22, 2006; preliminary ruling October 9, 2007. *A-570-898: Chlorinated Isocyanurates from the People's Republic of China* Requestor: BioLab, Inc.; whether chlorinated isocyanurates originating in the People's Republic of China, that are packaged, tableted, blended with additives, or otherwise further processed in Vietnam before entering the U.S., are included within the scope of the antidumping duty order; requested August 15, 2007. *A-570-899: Artist Canvas from the People's Republic of China* Requestor: Tara Materials, Inc.; whether artist canvas purchased in the U.S. that has been woven, primed with gesso, and cut to size in the U.S. and shipped to the PRC for assembling (i.e., wrapping and stapling to the wooden frame) and returned to the U.S. are included within the scope of the antidumping duty order; requested July 23, 2007. *A-570-901: Lined Paper Products from the People's Republic of China* Requestor: Lakeshore Learning Materials; whether certain printed educational materials, product numbers RR973 and RR974 (Reader's Book Log); GG185 and GG186 (Reader's Response Notebook); GG181 and GG182 (The Writer's Notebook); RR673 and RR674 (My Word Journal); AA185 and AA186 (Mi Diario de Palabras); RR630 and RR631 (Draw & Write Journal); AA786 and AA787 (My First Draw & Write Journal); AA181 and AA182 (My Picture Word Journal); GG324 and GG325 (Writing Prompts Journal); EE441 and EE442 (Daily Math Practice Journal Grades 1-3); EE443 and EE444 (Daily Math Practice Journal Grades 4-6); EE651 and EE652 (Daily Language Practice, Grades 1-3); EE653 and EE654 (Daily Language Practice Journal, Grades 4-6), are included within the scope of the antidumping duty order; requested December 7, 2006; initiated May 7, 2007. Multiple Countries *A-423-808 and C-423-809: Stainless Steel Plate in Coils from Belgium; A-475-822: Stainless Steel Plate in Coils from Italy; A-580-831: Stainless Steel Plate in Coils from South Korea; A-583-830: Stainless Steel Plate in Coils from Taiwan; A-791-805 and C-791-806: Stainless Steel Plate in Coils from South Africa* Requestor: Ugine & ALZ Belgium N.V.; whether stainless steel products with an actual thickness of less than 4.75 mm, regardless of nominal thickness, are within the scope of the antidumping and countervailing duty orders; requested June 8, 2007; initiated July 23, 2007. *Anticircumvention Rulings Pending as of December 31, 2007:* People's Republic of China *A-570-001: Potassium Permanganate from the People's Republic of China* Requestor: Specialty Products International, Inc.; whether sodium permanganate is later-developed merchandise that is circumventing the antidumping duty order; requested October 10, 2006. *A-570-868: Folding Metal Tables and Chairs from the People's Republic of China* Requestor: Meco Corporation; whether the common leg table (a folding metal table affixed with cross bars that enable the legs to fold in pairs) produced in the PRC is a minor alteration that circumvents the antidumping duty order; requested October 31, 2005; initiated June 1, 2006. *A-570-894: Certain Tissue Paper Products from the People's Republic of China* Requestor: Seaman Paper Company; whether imports of tissue paper from Vietnam made out of jumbo rolls of tissue paper from the PRC are circumventing the antidumping duty order; requested July 19, 2006; initiated September 5, 2006. Interested parties are invited to comment on the completeness of this list of pending scope and anticircumvention inquiries. Any comments should be submitted to the Deputy Assistant Secretary for AD/CVD Operations, Import Administration, International Trade Administration, 14th Street and Constitution Avenue, NW., Room 1870, Washington, DC 20230. This notice is published in accordance with 19 CFR 351.225(o). Dated: February 11, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3147 Filed 2-19-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 080211154-8161-01] RIN 0648-XF53 2008 Sea Scallop Research Set-Aside Program AGENCY: Northeast Fisheries Science Center Program Office (NEFSC), National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of funding availability. SUMMARY: NMFS requests scallop research proposals to utilize total allowable catch

(TAC)and Days-at-Sea

(DAS)that have been set aside by the New England Fishery Management Council (Council) to fund scallop research endeavors under the 2008 Atlantic Sea Scallop Research Set-Aside Program (Scallop RSA Program). No Federal funds are provided for research under this notification. Rather, the Scallop RSA Program funds scallop research and compensates participating vessels through the sale of scallops harvested under the research set-aside quota. Priority will be given to research proposals that address the following research priorities as identified by NMFS and the Council: Intensive industry-based access area surveys; Other surveys, including areas not surveyed by the annual NMFS survey; Scallop biology; Identification and evaluation of methods to reduce groundfish bycatch; Identification and evaluation of methods to reduce habitat impacts; Habitat characterization research; Sea turtle/scallop fishery interaction research; Scallop stock assessment and population dynamics research; Area management research; and Research that will facilitate the transition of the NFMS Northeast scallop dredge survey. DATES: Full proposals must be received by 5 p.m., eastern standard time, on March 21, 2008. ADDRESSES: Application information is available at *http://www.grants.gov* . Electronic copies of the Standard Forms for submission of research proposals may be found on the Internet in a PDF (Portable Document Format) version at *http://www.ago.noaa.gov/grants/appkit.shtml* . Delays may be experienced when registering with Grants On-line near the end of a solicitation period. Therefore, NOAA strongly recommends that you do not wait until the application deadline date to begin the application process through Grants.gov. Applicants without Internet access may contact Cheryl Corbett, NMFS, Northeast Fisheries Science Center, 166 Water Street, Woods Hole, MA 02543, by phone 508-495-2070, fax 508-495-2004, or email *cheryl.corbett@noaa.gov* . To apply for this NOAA Federal funding opportunity, please go to *http://www.grants.gov* , and use the following funding opportunity # NMFS-NEFSC-2008-2001277. FOR FURTHER INFORMATION CONTACT: Information may be obtained from Deirdre Boelke, New England Fishery Management Council, by phone

(978)465-0492, fax

(978)465-3116, or e-mail *dboelke@nefmc.org* , from Cheryl Corbett, NMFS, Northeast Fisheries Science Center, by phone 508-495-2070, fax 508-495-2004, or email *cheryl.corbett@noaa.gov* , or from Ryan Silva, NMFS, Northeast Regional Office, by phone

(978)281-9326, fax

(978)281-9135, or email *ryan.silva@noaa.gov* . SUPPLEMENTARY INFORMATION: Framework 19 to the Fishery Management Plan (FMP), establishes scallop fishery management measures for the 2008 and 2009 fishing years. As part of the management measures, Framework 19 allows NMFS to utilize total allowable catch

(TAC)and Days-at-Sea

(DAS)to fund scallop research endeavors under the 2008 Atlantic Sea Scallop Research Set-Aside Program (Scallop RSA Program). No Federal funds are provided for research under this notification. Rather, the Scallop RSA Program funds scallop research and compensates participating vessels through the sale of scallops harvested under the research set-aside quota. Priority will be given to research proposals that address the following research priorities as identified by NMFS and the Council:

(1)Intensive industry-based access area surveys;

(2)Other surveys, including areas not surveyed by the annual NMFS survey;

(3)Scallop biology;

(4)Identification and evaluation of methods to reduce groundfish bycatch;

(5)Identification and evaluation of methods to reduce habitat impacts;

(6)Habitat characterization research;

(7)Sea turtle/scallop fishery interaction research;

(8)Scallop stock assessment and population dynamics research;

(9)Area management research; and

(10)Research that will facilitate the transition of the NFMS Northeast scallop dredge survey. Framework 19 landings per unit effort and economic impact analyses were used to establish a value on the proposed DAS and TAC set-asides. Framework 19 projects the average price per pound of scallops in the 2008 fishing year to be between $7.70 and $8.47. The average daily open area catch rate for the 2008 scallop fishing year (March 1, 2008 - February 28, 2009) is projected to be 1,176 lb (533 kg) per DAS. Using the more conservative price estimate of $7.70, the DAS and TAC set aside values as currently proposed by Framework 19 are estimated as follows:

(1)The DAS set-aside for the open fishing areas is 235 DAS with a value of $2,127,972;

(2)the research TAC set-aside for the Nantucket Lightship Closed Area

(NLCA)would be 110,000 lb (50 metric tons (mt)), with a value of $847,000; and

(3)the research TAC set-aside from the Elephant Trunk Scallop Access Area

(ETAA)would be 440,000 lb (200 mt), with a value of $3,388,000. Thus, for fishing year 2008, the total value of the set-asides available for scallop-related research is approximately $6,362,972 (33 percent from the open area DAS set-aside, 13 percent from the NLCA, 53 percent from the ETAA). Researchers must specify the amount of set-aside (TAC or DAS, as appropriate) sought from each area. *ELECTRONIC ACCESS:* The full text of the full funding opportunity announcement for this program can be accessed via the Grants.gov web site at *http://www.grants.gov* . The announcement will also be available by contacting the program officials identified under FOR FURTHER INFORMATION CONTACT . Applicants must comply with all requirements contained in the full funding opportunity announcement. *STATUTORY AUTHORITY:* Statutory authority for this program is provided under sections 303(b)(11), 402(e), and 404(c) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1853(b)(11), 16 U.S.C. 1881a(e), and 16 U.S.C. 1881(c), respectively. Statutory authority for entering into cooperative agreements and other financial agreements with nonprofit organizations is found at 15 U.S.C. 1540. The ability to set aside scallop TAC and DAS is authorized through the scallop FMP. *CFDA:* 11.454, Unallied Management Projects *FUNDING AVAILABILITY:* No Federal funds are provided for sea scallop research under this notice. Funds are generated through the sale of set-aside scallops. The Federal government will issue Letters of Authorization

(LOAs)that provide special fishing privileges in response to sea scallop research proposals selected to participate in the 2008 Scallop RSA Program. Funds generated from RSA landings shall be used to cover the cost of the research activities, including vessel costs, and to compensate vessels for expenses incurred during the collection of set-aside scallops. For example, these funds could be used to pay for gear modifications, monitoring equipment, additional provisions (e.g., fuel, ice, food for scientists) or the salaries of research personnel. The Federal Government is not liable for any costs incurred by the researcher or vessel owner. Any additional funds generated through the sale of set-aside scallops above the cost of the research activities shall be retained by the vessel owner as compensation for the use of his/her vessel. *ELIGIBILITY:* 1. Eligible applicants include, but are not limited to, institutions of higher education, hospitals, other nonprofits, commercial organizations, individuals, state, local, and Native American tribal governments. Federal agencies and institutions are not eligible to receive Federal assistance under this notice. Additionally, employees of any Federal agency or Regional Fishery Management Council (Council) are ineligible to submit an application under this program. However, Council members who are not Federal employees may submit an application. 2. DOC/NOAA supports cultural and gender diversity and encourages women and minority individuals and groups to submit applications to the RSA program. In addition, 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 underserved areas. DOC/NOAA encourages proposals involving any of the above institutions. 3. DOC/NOAA encourages applications from members of the fishing community and applications that involve fishing community cooperation and participation. *COST SHARING REQUIREMENTS:* None required. *EVALUATION AND SELECTION PROCEDURES:* The general evaluation criteria and selection factors that apply to full applications to this funding opportunity are summarized below. The evaluation criteria for full applications will have different weights and details. Further information about the evaluation criteria and selection factors can be found in the full funding opportunity announcement. *EVALUATION CRITERIA FOR PROJECTS:* The review panel convened by NMFS to evaluate proposals submitted in response to this request for proposals (see the Review and Selection Process section of this document), will evaluate proposals by assigning scores up to the maximum indicated for each of the following criteria: 1. *Importance and/or relevance and applicability of the proposed project:* This criterion ascertains whether there is intrinsic value in the proposed work and/or relevance to NOAA, Federal, regional, state, or local activities. For the 2008 Scallop RSA Program, provide a clear definition of the problem, need, issue, or hypothesis to be addressed. The proposal should describe its relevance to RSA program priorities and detail how the data gathered from the research will be used to enhance the understanding of the fishery resource or contribute to the body of information on which management decisions are made. (25 points) 2. *Technical/scientific merit:* 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. For the 2008 RSA Program, proposals should provide a clear definition of the approach to be used, including descriptions of field work, theoretical studies, and laboratory analysis to support the proposed research. (25 points) 3. *Overall qualifications of the project:* This criterion assesses whether the applicant and team members possess the necessary education, experience, training, facilities, and administrative resources to accomplish the project. For the 2008 RSA Program, proposals should provide adequate justification as to how the project is likely to achieve its stated objectives. Projects should demonstrate support, cooperation, and/or collaboration with the fishing industry. (15 points) 4. *Project costs:* This criterion evaluates the budget to determine if it is realistic and commensurate with the project needs and time frame. For the 2008 RSA program, cost-effectiveness of the project will be considered. (25 points) 5. *Outreach and education:* This criterion assesses whether the project involves a focused and effective education and outreach strategy regarding NOAA's mission to protect the Nations natural resources. For the 2008 RSA Program, proposals should provide identification of anticipated benefits, potential users, likelihood of success, and methods of disseminating results. (10 points) *REVIEW AND SELECTION PROCESS:* At the request of NOAA, applications may be reviewed and evaluated by the Council before they are submitted to NOAA, or, if not first reviewed by the Council, reviewed by the Technical Review Team convened by NOAA, which consist of NOAA Scientist and related Industry experts. Both the Council review and the NOAA review are included to allow the Council to retain its responsibility to consider research in fishery management plans and to allow NOAA to conduct the reviews if the overall Council process prohibits their review in a timely manner. If the Council is requested to review the proposals, the proposals will be reviewed in a public meeting process by representatives of the Council, based on the criteria described in the Evaluation Criteria section of this document. The Council's representatives will then make recommendations to the Council. The Council will consider recommendations of its representatives; the criteria described in the Evaluation Criteria section of this document, and may also consider the program policy factors listed below. The Council will then make its recommendations to the Regional Administrator through a formal vote or by consensus recommendations, as determined appropriate by the Council. Recommendations from the Council will be given to the Regional Administrator in rank order based on average scores of the projects, taking into consideration the numerical scores based on the criteria described in the Evaluation Criteria section of this document, and consideration of program policy factors listed below. If the Council does not participate in the evaluation of the proposals, NOAA will solicit written technical evaluations from a Technical Review Team, which consists of three or more NOAA Scientist and related Industry experts to determine the technical merit of the proposal and to provide a rank score of the project based on the criteria described in the Evaluation Criteria section of this document. Following completion of the technical evaluation, NOAA will convene a Management Review Panel, containing members from the Council's Scallop or Research Steering Committees and technical experts, to review and individually critique the scored proposals to enhance NOAA's understanding of the proposals. Initial successful applicants may be required, in consultation with NMFS, to further refine/modify the study methodology as a condition of project approval. No consensus recommendations will be made by the Committee members, technical experts, or by the review panel. *SELECTION FACTORS FOR PROJECTS:* Upon implementation of the merit review, the proposal will be presented in rank order, to the Selecting Official for final funding recommendations. A program officer may first make recommendations to the Selecting Official by applying the selection factors below. The Selecting Official shall award in the rank order unless the proposal is justified to be selected out of rank order based upon one or more of the following factors: 1. Availability of funds. 2. Balance/distribution of funds: a. geographically, b. by type of institutions, c. by type of patterns, d. by research areas, and e. by project types. 3. Whether this project duplicates other projects funded or considered for funding by NOAA or other Federal agencies. 4. Program priorities and policy factors. 5. Applicants prior award performance. 6. partnerships and/or participation of targeted groups. 7. Adequacy of information necessary to conduct a NEPA analysis and determination. Key program policy concerns are:

(1)the time of year the research activities are to be conducted;

(2)the ability of the proposal to meet the experimental fishery requirements discussed under the Permits and Approvals section of this document;

(3)redundancy of research projects; and

(4)logistical concerns. Therefore, the highest scoring projects may not necessarily be selected for an award. Subsequent approval by the NOAA Grants Officer will allow NMFS, as applicable, to exempt selected vessel(s) from regulations of the Atlantic Sea Scallop FMP. For example, NOAA may authorize selected vessel(s) to exceed scallop possession limits, take additional trips into Access Area(s), or take trips that are exempt from DAS regulations to compensate the vessel for incurred research expenses. All sea scallop research must be conducted in accordance with provisions approved by NOAA and provided in an LOA or Exempted Fishing Permit

(EFP)issued by NMFS. Based on the final funding recommendations of the Selecting Official, TAC and DAS set-asides will be awarded according to rank. If a requested set-aside has been fully utilized by a higher ranked proposal, TAC and/or DAS will be awarded from a different set-aside. Once all the TAC and/or DAS set-asides have been awarded or all qualified proposals have been funded, whichever comes first, the selection process will end. For proposals that request exemptions from existing regulations (e.g., possession limits, closed areas, etc.), the impacts of the proposed exemptions must be analyzed. Any applicants who request regulatory exemptions that extend beyond the DAS or TAC set-aside proposed in Framework 19 will be required to adhere to the regulations governing the issuance of an EFP by NMFS. As appropriate, NMFS will consult with the Councils and successful applicants to secure the information required for granting an exemption if issuance of an EFP is necessary for the research to be conducted. No usage of RSA TAC or DAS will be allowed until NMFS notifies the applicant that the applicant's EFP request is approved. Unsuccessful applications will be returned to the submitter. Successful applications will be incorporated into the award document. *INTERGOVERNMENTAL REVIEW:* Applicants will need to determine if their State participates in the intergovernmental review process. This information can be found at the following website: *www.whitehouse.gov/omb/grants/spoc.html* . This information will assist applicants in providing either a Yes or No response to Item 16 of the Application Form, SF-424, entitled “Application for Federal Assistance.” *LIMITATION OF LIABILITY:* 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. *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: *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:* 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, and 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, nor shall a 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 for the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: February 12, 2008. Samuel D. Rauch III Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E8-3142 Filed 2-19-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Availability of Seats for the Florida Keys National Marine Sanctuary Advisory Council AGENCY: Office of National Marine Sanctuaries

(ONMS)National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice and request for applications. SUMMARY: The Florida Keys National Marine Sanctuary (FKNMS) is seeking applications for the following vacant seats on its Sanctuary Advisory Council (council): Citizen at Large—Upper Keys (alternate), Conservation and Environment [2 of 2] (member), Fishing—Charter Sports Fishing (alternate), and South Florida Ecosystem Restoration (member). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; residency in the Sanctuary area; and philosophy regarding the protection and management of marine resources. Applicants who are chosen for seats normally serve three-year terms, pursuant to the Council's charter. DATES: Applications are due by March 14, 2008. ADDRESSES: Application packages may be obtained from the Sanctuary Advisory Council and Volunteer Coordinator at *Lilli.Ferguson@noaa.gov,* from the Web site at *http://www.floridakeys.noaa.gov,* by telephone at

(305)292-0311 x245 or in writing at Florida Keys National Marine Sanctuary, 33 East Quay Rd., Key West, FL 33040. Completed applications should be sent to the same address listed above. FOR FURTHER INFORMATION CONTACT: Lilli Ferguson at the above address, e-mail or telephone number. SUPPLEMENTARY INFORMATION: Information concerning the council, including past meeting minutes and member contact information can be found at the sanctuary Web site. Authority: 16 U.S.C. Sections 1431, *et seq.* (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: February 11, 2008. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Oceanic and Atmospheric Administration. [FR Doc. 08-747 Filed 2-19-08; 8:45 am]

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