Coral Reef Conservation Program Administration Matching Funds Waiver Request

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Marketing Act (7 U.S.C. 1621 et seq.)
and the Fish and Wildlife Act (16 U.S.C.
742a et seq.), is responsible for the
development and advancement of
commercial grade standards for fishery
products and better health and
sanitation standards in the industry and
for furnishing inspection, evaluation,
analytical, grading, and certification
services to interested parties. Its primary
purpose is to encourage and assist the
industry in improving the quality,
wholesomeness, safety, proper labeling,
and marketability of seafood products.
In 2006, Rosselkhoznadzor notified
the U.S. Government through the U.S.
Embassy in Moscow of a change in
Russian domestic law which allows
Russian officials to deny entry of
products into the Russian Federation in
the absence of an agreement between
the exporting country and Russia
regarding certification of the safety and
sanitary condition of fish and fishery
products for export to the Russian
Federation. Russian and U.S. officials
met several times and exchanged
correspondence regarding the new
requirements in 2008 and 2009. In
March 2009, NOAA and U.S. Food and
Drug Administration (FDA) officials met
with representatives of Russia’s
Rosselkhoznadzor. The U.S. delegation
clarified that FDA is the responsible
agency for the safety of imported food
products from the Russian Federation
and NOAA will provide certification
services to exporters shipping seafood to
the Russian Federation. In August 2009,
the U.S. agreed to allow officials of
Rosselkhoznadzor to visit selected
seafood processing firms during which
time Russian officials could observe and
determine the status of controls in place
for approved establishments of the
NOAA Seafood Inspection Program.
During the course of that visit, the
parties had a series of discussions to
arrive at the agreements found in the
MOU between the two agencies.
New Procedures for Export Health
Certification to the Russian Federation
According to the terms of the MOU,
U.S. seafood firms in the supply chain
desiring to produce, pack, store, or ship
fish and fishery products for export to
the Russian Federation are required to
meet the requirements of the NOAA
Seafood Inspection Program to be
approved establishments in accordance
with the regulations and policies of the
NOAA Seafood Inspection Program,
including but not limited to being in
regulatory good standing with the FDA.
Only such establishments meeting the
requirements and subsequently
approved by Rosselkhoznadzor may
receive certification from the NOAA

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Seafood Inspection Program for export
of fish and fishery products to the
Russian Federation. The NOAA Seafood
Inspection Program will allow a 90 day
grace period after which U.S. seafood
firms must fully comply with the new
requirements.
More specifically, each U.S. seafood
firm in the supply chain for export to
the Russian Federation must:
• Demonstrate through inspection by
the NOAA Seafood Inspection Program
that seafood products produced at each
U.S. seafood firm in the supply chain
and exported to the Russian Federation
meet the applicable Codex Alimentarius
Commission (Codex), and the
Organization for International
Epizootics (OIE) standards, and meet the
food safety objectives of U.S. and
Russian Federation laws and regulations
for seafood products
• Maintain regulatory good standing
with the FDA. Only those U.S. seafood
firms with a unique firm identification
number, either a Central File Number or
Firm Establishment Identifier, issued by
the FDA are eligible to receive an export
health certificate from the Seafood
Inspection Program for export of seafood
products to Russia.
• Demonstrate through inspection by
the NOAA Seafood Inspection Program
that each U.S. seafood firm in the
supply chain meets the Seafood
Inspection Program requirements for
inclusion on a List of Approved
Establishments. Only those
establishments on the List of Approved
Establishments will be eligible to export
seafood products to Russia. The NOAA
Seafood Inspection Program will post
the List of Approved Establishments on
the its website. (http://
www.seafood.nmfs.noaa.gov/) and
submit to Rosselkhoznadzor all changes
in the list of approved establishments
for export to the Russian Federation,
including changes resulting from audits
by Rosselkhoznadzor or the NOAA
Seafood Inspection Program. The
establishment is not finally approved
until notification is provided by
Rosselkhoznadzor. Only firms approved
by Rosselkhoznadzor will be eligible to
receive export certificates from the
NOAA Seafood Inspection Program.
In order to meet the Seafood
Inspection Program requirements as an
approved establishment, U.S. seafood
firms must contract for inspection
services by the Seafood Inspection
Program, provide a guarantee of
payment, pass an initial audit of the
seafood firm, and continually pass
audits on a minimum of a quarterly
basis. Under the terms of the contractual
agreement between the firm and the
Seafood Inspection Program, the firm

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must allow the program to conduct
random, periodic audits of the firm to
ensure that the relevant veterinary and
sanitary requirements of the Seafood
Inspection Program are met. If an audit
reveals that an approved establishment
is not in substantial compliance with
the appropriate regulations, the Seafood
Inspection Program will cease issuing
export certificates to this establishment
and inform Rosselkhoznadzor. The
Seafood Inspection Program will inform
Rosselkhoznadzor when an
establishment is once again eligible for
exporting seafood to the Russian
Federation.
Separate and apart from the terms of
the MOU, Rozzelkhozdzor has informed
the NOAA Seafood Inspection Program
that it will request information from
U.S. seafood firms on the List of
Approved Establishments shipping
product to the Russian Federation
regarding the importer of record in the
Russian Federation. If the firm refuses to
provide this information,
Rosselkhoznadzor has stated that it may
not allow the import of product from the
firm into Russia.
Dated: August 9, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–19955 Filed 8–11–10; 8:45 am]
BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 100726313–0313–01]
RIN 0648–ZC19

Coral Reef Conservation Program
Implementation Guidelines
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final Implementation
Guidelines for the Coral Reef
Conservation Program.
AGENCY:

This document provides
NOAA’s revised Grant Program
Implementation Guidelines (Guidelines)
for the Coral Reef Conservation Program
(CRCP or Program) under the Coral Reef
Conservation Act of 2000 (Act). The Act
authorizes the Secretary of Commerce
(Secretary), through the NOAA
Administrator (Administrator) and
subject to the availability of funds, to
provide matching grants of financial
assistance for coral reef conservation
projects under the Act. NOAA revised
the Implementation Guidelines for the

SUMMARY:

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Grant Program, which were originally
published in 2002, to be applicable to
Fiscal Years (FY) 2011 through FY 2015
and published a draft of the revision in
the Federal Register notice of January
19, 2010 (75 FR 3114–3120) for review
and comment. NOAA proposes to
utilize several existing grant programs
and mechanisms to implement the
Program. Specific information about
each funding category, including
available funding, dates, detailed
application requirements and evaluation
criteria, is published in separate Federal
Register notices. In accordance with the
Act, NOAA developed a National Coral
Reef Action Strategy (Strategy) in 2002
to provide an implementation plan to
advance coral reef conservation,
including a basis for funding allocations
to be made under the Program. In
response to an external program review
in 2007, a new program manager,
development of a ‘Roadmap’ for the
future of the Program, and publication
in 2009 of the CRCP Goals and
Objectives 2010–2015 and CRCP
International Strategy, the Program
revised its Implementation Guidelines
for the Grant Program to align more
closely with the Program’s new
direction. The Department of Commerce
Pre-Award Notification Requirements
for Grants and Cooperative Agreements
contained in the Federal Register notice
of February 11, 2008 (73 FR 7696), are
applicable to solicitations under this
Program. This document is not a
solicitation for project proposals.
DATES: Effective August 12, 2010.
FOR FURTHER INFORMATION CONTACT:
Jenny Waddell, Grants and External
Funding Coordinator, OCRM/Coral
Conservation Division, NOAA National
Ocean Service, 1305 East-West
Highway, Silver Spring, MD 20910;
301–713–3155 extension 150, E-mail:
[email protected]; or Jennifer
Koss, NMFS Habitat Conservation,
NOAA National Marine Fisheries
Service, 1315 East-West Highway, Silver
Spring, MD 20910; 301–713–3459
extension 195, E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:

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I. Background
A. Overview
The Coral Reef Conservation Act of
2000 (16 U.S.C. 6401 et seq.) was
enacted on December 14, 2000, for the
following purposes:
(1) To preserve, sustain and restore
the condition of coral reef ecosystems;
(2) To promote the wise management
and sustainable use of coral reef
ecosystems to benefit local communities
and the Nation;

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(3) To develop sound scientific
information on the condition of coral
reef ecosystems and the threats to such
ecosystems;
(4) To assist in the preservation of
coral reefs by supporting conservation
programs, including projects that
involve affected local communities and
non-governmental organizations;
(5) To provide financial resources for
those programs and projects; and
(6) To establish a formal mechanism
for the collecting and allocating of
monetary donations from the private
sector to be used for coral reef
conservation projects. Under section
6403 of the Act, the Secretary, through
the NOAA Administrator
(Administrator) and subject to the
availability of funds, is authorized to
provide matching grants of financial
assistance for coral reef conservation
projects. Section 408(c) of the Act
authorizes up to $8,000,000 annually for
projects under the Program.
As required under section 6403(j) of
the Act, NOAA developed
Implementation Guidelines for the
Grant Program in 2002 and revised and
refined those Guidelines in 2009. The
Guidelines published in this notice will
update and replace the existing
guidelines in order to shift focus toward
implementation of the Program’s 20year Goals and Objectives and
International Strategy in an effort to
narrow and sharpen the focus of the
Program.
Each fiscal year the Program will
publish notices of funding availability
in the Federal Register and make the
associated Federal Funding Opportunity
announcement available on Grants.gov,
to describe the availability of funds
under each grant category and solicit
project proposals.
B. Comments and Responses, and
Changes to the Proposed Guidelines
The following summarizes the
comments submitted in response to the
Draft Guidelines published in the
Federal Register on January 19, 2010
(75 FR 3114–3120), and NOAA’s
responses.
Comment 1: A commenter
representing a regional Fishery
Management Council wanted to know
how the legislative requirement that
40% of grant funding be provided to the
Atlantic/Caribbean and 40% to the
Pacific will affect each of the four
funding categories individually.
Response: The 40%–40% requirement
in the Coral Reef Conservation Act of
2000 pertains to the Coral Reef
Conservation Grants Program Overall
and is not applied to any individual
funding category. Selection of projects

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across the program will be based on the
merit of the proposed activities,
regardless of the funding category under
which the proposal was submitted.
Comments from the four Fishery
Management Councils eligible for
funding under this program were also
received in response to supplemental
information provided to the councils
about the funding category to which
they will be eligible to apply. The
comments received on both the
Guidelines and the supplemental
information were considered but did not
result in alterations to the final
Guidelines. Interested parties may
obtain access to the supplemental
information provided to the councils by
contacting [email protected]. Any
comments received on the supplemental
information will be considered during
subsequent revisions, if any, to the
Guidelines. In summary, the Guidelines
were not changed from the Draft
published in the Federal Register on
January 19, 2010 based on comments
received by the Program.
II. Electronic Access
The Coral Reef Conservation Act of
2000 can be found on the Internet at:
http://thomas.loc.gov/ (Select Bill Text,
then select 106th Congress, search on
Bill Number HR 1653, select H.R.
1653.EH). Information on the U.S. Coral
Reef Task Force, established June 11,
1998 under Executive Order 13089, can
be found at: http://coralreef.gov. The
National Coral Reef Action Strategy,
which was published in 2002, is
available at: http://coris.noaa.gov/
activities/actionstrategy/. The CRCP
Goals and Objectives 2010–2015, which
were published in 2009, can be found
at: http://coralreef.noaa.gov/aboutcrcp/
strategy/currentgoals/resources/
3threats_go.pdf and the CRCP
International Strategy, also published in
2009, is available at: http://
coralreef.noaa.gov/aboutcrcp/strategy/
currentgoals/resources/intl_strategy.pdf
Coral reef management priorities
identified by State and Territorial
partner agencies can be found in the
Jurisdictional Coral Reef Management
Priorities documents available at: http://
coralreef.noaa.gov/aboutcrcp/strategy/
reprioritization/managementpriorities.
III. Coral Reef Conservation Program
The objective of the Grant Program is
to provide financial assistance for coral
reef conservation programs and projects
consistent with the Act, the National
Coral Reef Action Strategy, the CRCP
Goals and Objectives 2010–2015 and
CRCP International Strategy, which
were published in June 2009. NOAA’s
role in administering the Grant Program

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is to strengthen and support the
development and implementation of
sound coral reef conservation projects,
as well as ensure that the most
beneficial projects are recommended for
funding.
IV. Applicant Eligibility Requirements
As per section 6403(c) of the Act,
eligible applicants include: Any natural
resource management authority of a
state or other government authority with
jurisdiction over coral reefs or whose
activities directly or indirectly affect
coral reefs or coral reef ecosystems, or
educational or non-governmental
institutions with demonstrated expertise
in the conservation of coral reefs. Each
category of funding under this Program,
as described in Section VII of this
document, encompasses a specific
subgroup of eligible applicants.
As a matter of policy, funding of
Federal agency activities under this
Program will be a low priority unless
such activities are an essential part of a
cooperative project with other eligible
governmental or non-governmental
entities.
NOAA agencies are not eligible for
funding under this Program, as funding
for such activities is provided for under
section 6406 of the Act (National
Program).

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V. Eligible Coral Reef Conservation
Activities
As described in section 6403(g) of the
Act, projects considered for funding
under this Program must be consistent
with the National Coral Reef Action
Strategy. Concordance with the
Program’s 20-year Goals and Objectives
and International Strategy guidance
documents published in 2009 to narrow
and sharpen the priorities included in
the National Coral Reef Action Strategy
will be an additional criterion in
evaluating eligible projects and
activities. In addition, coral reef
management priorities identified in
2010 by states, territories and
commonwealths containing coral reef
ecosystems through a formal
management priority setting process
will be considered when evaluating and
selecting proposals. Further, the
Administrator may not approve a
project proposal unless it will enhance
the conservation of coral reefs by
addressing at least one of the following:
(1) Implementing coral conservation
programs which promote sustainable
development and ensure effective, longterm conservation of coral reefs;
(2) Addressing the conflicts arising
from the use of environments near coral
reefs or from the use of corals, species

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associated with coral reefs, and coral
products;
(3) Enhancing compliance with laws
that prohibit or regulate the taking of
coral products or species associated
with coral reefs or regulate the use and
management of coral reef ecosystems;
(4) Developing sound scientific
information on the condition of coral
reef ecosystems or the threats to such
ecosystems, including factors that cause
coral disease;
(5) Promoting and assisting to
implement cooperative coral reef
conservation projects that involve
affected local communities,
nongovernmental organizations, or
others in the private sector;
(6) Increasing public knowledge and
awareness of coral reef ecosystems and
issues regarding their long term
conservation;
(7) Mapping the location and
distribution of coral reefs;
(8) Developing and implementing
techniques to monitor and assess the
status and condition of coral reefs;
(9) Developing and implementing
cost-effective methods to restore
degraded coral reef ecosystems; or
(10) Promoting ecologically sound
navigation and anchorages near coral
reefs.
VI. Program Funding and Distribution
Section 6408(c) of the Act authorizes
$8,000,000 annually for financial
assistance awards administered by the
Coral Reef Conservation Grant Program.
The number of individual awards to be
made each year will depend on the total
amount of funds appropriated for coral
reef activities within NOAA and the
portion of those funds that are allocated
to the Grant Program. More information
about each category of funding,
including the anticipated amount of
funding available, suggested ranges for
funding requests, and specific funding
categories under which an applicant
may choose to apply, will be published
in annual solicitations published in the
Federal Register.
Program funding awarded during any
given fiscal year will be distributed, per
section 6403(d) of the Act, in the
following manner:
(1) No less than 40 percent of funds
available shall be awarded for coral reef
conservation projects in the Pacific
Ocean within the maritime areas and
zones subject to the jurisdiction or
control of the United States;
(2) No less than 40 percent of funds
available shall be awarded for coral reef
conservation projects in the Atlantic
Ocean, Gulf of Mexico and the
Caribbean Sea within the maritime areas

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and zones subject to the jurisdiction or
control of the United States; and
(3) Remaining funds shall be awarded
for projects that address emerging
priorities or threats, including
international priorities or threats,
identified by the Administrator. When
identifying emerging threats or
priorities, the Administrator may
consult with the U.S. Coral Reef Task
Force.
The above allocation provision
applies to the Grant Program as a whole
and not necessarily to individual
funding categories.
VII. Funding Categories and
Mechanisms
In order to ensure adequate funding
for each of the purposes envisioned
under the Act and to provide for a
balanced overall Program, existing
NOAA programs will be used to award
funds in the funding categories
described below. Each of the categories
described below references the general
activity and applicant eligibility
requirements associated with proposals
submitted therein. Specific activity and
applicant eligibility information and
proposal evaluation criteria for each
category will be published in annual
solicitations for proposals, consistent
with the Guidelines.
(1) CRCP State and Territorial Coral
Reef Conservation Cooperative
Agreements support U.S. state and
territorial government coral reef
conservation management and
monitoring activities, as described in
Section V (1–10) of this document
(section 6403(g) of the Act) for the
purposes of monitoring and
comprehensively managing coral reef
ecosystems and associated fisheries
within their jurisdictions. Monitoring of
coral reef ecosystems under this
category includes the collection,
analysis, and reporting of long-term
coral reef monitoring data pursuant to
scientifically valid methodologies and
protocols. These awards are intended to
fund activities that are consistent with
the CRCP Goals and Objectives 2010–
2015 (http://coralreef.noaa.gov/
aboutcrcp/strategy/currentgoals/
resources/3threats_go.pdf), the
Jurisdictional Coral Reef Management
Priorities documents (http://
coralreef.noaa.gov/aboutcrcp/strategy/
reprioritization/managementpriorities)
or both. Eligibility to receive an award
is limited to the agency that was
designated by the respective governors
as the official point of contact agency.
These proposals will be reviewed and
awarded by the National Ocean Service
(NOS) Office of Ocean and Coastal

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Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices
Resource Management (OCRM) under
CFDA 11.482.
(2) CRCP Domestic Coral Reef
Conservation Grants provide funding to
non-governmental entities not eligible
under other categories, for the purpose
of implementing cooperative coral reef
conservation, protection, restoration, or
education projects, as described in
Section V (1–10) of this document
(section 6403(g) of the Act) and
consistent with the CRCP Goals and
Objectives 2010–2015), the
Jurisdictional Coral Reef Management
Priorities documents or both. These
proposals will be reviewed and awarded
by the National Ocean Service (NOS)
Office of Ocean and Coastal Resource
Management (OCRM) under CFDA
11.482.
(3) CRCP Fishery Management
Council Coral Reef Conservation
Cooperative Agreements support
projects to conserve, protect and restore
coral reef habitats and associated fishery
populations within the U.S. Exclusive
Economic Zone, with the overall goal of
improving the management of coral
reefs and associated organisms through
the avoidance of fishing impacts,
application of ecosystem management
or similar approaches and practices, as
described in Section V (3) of this
document (section 6403(g)(3) of the Act)
and consistent with the CRCP Goals and
Objectives 2010–2015. Eligible
applicants include the four Regional
Fishery Management Councils with
jurisdiction over coral reefs, as
established under the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et
seq.). These proposals will be reviewed
and awarded by the NMFS Office of
Habitat Conservation under CFDA
11.441.
(4) CRCP International Coral Reef
Conservation Cooperative Agreements
will be awarded for the purpose of
implementing cooperative coral reef
conservation activities as described in
Section V (1–10) of this document
(section 6403(g) of the Act) and
consistent with priorities identified in
the Program’s International Strategy
published in June 2009. Eligible
applicants include international
governmental and non-governmental
entities, including those in the Freely
Associated States of the Pacific. These
proposals will be reviewed and awarded
by the National Ocean Service (NOS)
Office of Ocean and Coastal Resource
Management (OCRM) under CFDA
11.482.
Annual solicitations published in the
Federal Register will establish the
annual priorities for that funding
category, the range of funds available

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and the specific evaluation criteria for
each funding category. NOAA may add
additional funding categories in the
annual solicitation based on available
funding and/or the Program’s coral reef
conservation priorities. Selected
applications may be funded and awards
administered by NOAA, through either
NMFS or NOS. Generally, one award
will be made for each proposal accepted
for funding. NOAA will determine the
most appropriate funding mechanisms
(grant, cooperative agreement, or
interagency agreement) for selected
individual projects, in consultation with
the applicant, and based on the degree
of direct NOAA involvement with the
project beyond the provision of
financial assistance. Substantial federal
involvement in cooperative agreements
may include participation of NOAA/
CRCP staff in the planning,
development and implementation of
projects and/or provision of technical
assistance, and will vary based on the
category of funding, type of project, and
type and experience of the award
recipient. Proposals from non-Federal
applicants that are selected for funding
will be funded either through a project
grant or cooperative agreement. Selected
Federal proposals will be funded
through interagency agreements;
however, under the Program, such
agreements must include a local sponsor
of the coral reef conservation project.
VIII. Matching Funds
As per section 6403(b)(1) of the Act,
Federal funds for any coral conservation
project funded under this Program may
not exceed 50 percent of the total costs
of such project, and NOAA strongly
encourages applicants to leverage as
much investment as possible. Matching
funds may comprise a variety of public
and private sources and can include inkind contributions and other non-cash
support, but all matching funds must be
from non-Federal sources. Federal funds
may not be considered as matching
funds. Details regarding the proposed
match will be specified in the notice of
funding availability.
For applicants who cannot meet the
match requirement, as per section
6403(b)(2) of the Act, the Secretary may
waive all or part of the matching
requirement if the Administrator
determines that the project meets the
following two requirements:
(1) No reasonable means are available
through which an applicant can meet
the matching requirement, and
(2) The probable benefit of such
project outweighs the public interest in
such matching requirement.
Notwithstanding any other provision
herein, and in accordance with 48

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U.S.C. 1469a(d), this Program shall
waive any requirement for local
matching funds for any project under
$200,000 (including in kind
contributions) to the governments of
Insular Areas, defined as the
jurisdictions of the U.S. Virgin Islands,
Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands.
IX. Application Process
NOAA will publish in the Federal
Register annual notifications soliciting
project proposals under the categories
described above and pursuant to these
Guidelines. Applications submitted in
response to solicitation notices will be
screened for eligibility and conformance
with the Guidelines.
To submit a proposal, a complete
NOAA standard grants application
package must contain the elements
listed in section 6403(e) of the Act,
which is provided below. Applicants
are directed to the annual solicitation/
FFO for filing instructions and the
Department of Commerce Pre-Award
Notification Requirements for Grants
and Cooperative Agreements published
in the Federal Register on February 11,
2008 (73 FR 7696) for award terms and
conditions.
A more detailed description of
specific application requirements will
be published in the annual solicitation;
however, pursuant to section 6403(e) of
the Act, each application must include
the following elements:
(1) A cover sheet with the name of the
individual or entity responsible for
conducting the project;
(2) A description of the qualifications
of the individual(s) who will conduct
the project;
(3) A succinct statement of the
purpose(s) of the project, including the
specific geographic location where the
project will be carried out;
(4) An estimate of the funds and time
required to complete the project
including: a detailed breakdown by
category of cost estimates as they relate
to specific aspects of the project, with
appropriate justification for both the
Federal and non-Federal shares;
(5) Evidence of support for the project
by appropriate representatives of states
or other government jurisdictions in
which the project will be conducted,
including obtaining or proceeding to
obtain all applicable State and/or
Federal permits, consultations, and
consistencies. U.S. state or territorial
applicants must also provide evidence
of coordination with all relevant state or
territorial agencies, including a list of
agencies consulted in developing the
proposal;

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(6) Information regarding the amount
of matching funding available to the
applicant. In the case of a waiver
request, the applicant must provide a
detailed justification explaining the
need for the waiver including attempts
to obtain sources of matching funds,
how the benefit of the project outweighs
the public interest in providing match,
and any other extenuating
circumstances preventing the
availability of match;
(7) A description of how the project
meets one or more of the goals and
objectives stated in Section V of this
document (section 6403(g) of the Act)
and contributes to conservation needs
identified in the CRCP Goals and
Objectives 2010–2015 (http://
coralreef.noaa.gov/aboutcrcp/strategy/
currentgoals/resources/3threats_go.pdf),
the Jurisdictional Coral Reef
Management Priorities documents
(http://coralreef.noaa.gov/aboutcrcp/
strategy/reprioritization/
managementpriorities) and/or the CRCP
International Strategy (http://
coralreef.noaa.gov/aboutcrcp/strategy/
currentgoals/resources/intl_strategy.pdf)
as appropriate; and
(8) Any other information the
Administrator considers necessary for
evaluating the eligibility of the project
for funding under this title.
Applicants are requested to indicate
under which category(s) (as described in
Section VII of this document) they are
seeking funds, and are encouraged to
submit only one comprehensive
application per solicitation.
X. Project Review
As per section 6403(f) of the Act,
NOAA will review eligible coral reef
conservation proposals using an
external governmental review and
merit-based peer review. After such
reviews, NOAA will implement an
internal ranking and selection process.
The overall project review and selection
process will include the following five
steps:
(1) NOAA will request and consider
written comments on the proposal from
each Federal agency, state government,
or other government jurisdiction,
including the relevant regional Fishery
Management Councils established under
the Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), or any National
Marine Sanctuary, with jurisdiction or
management authority over coral reef
ecosystems in the area where the project
is to be conducted. Pursuant to this
requirement of the Act, NOAA will
apply the following standard in
requesting comments: (A) Proposals for
projects in state or territorial waters,

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including Federal marine protected
areas in such waters (e.g. National
Marine Sanctuaries), will be submitted
to that state or territorial government’s
designated U.S. Coral Reef Task Force
point of contact for comment; (B)
proposals for projects in Federal waters
will be submitted to the relevant Fishery
Management Council for comment; (C)
proposals for projects which require
Federal permits will be submitted to the
Federal agency which issued the permit
for comment; (D) proposals for projects
in Federal marine protected areas
managed by Federal agencies (e.g.
National Wildlife Refuges, National
Parks, National Marine Sanctuaries, etc.)
will be submitted to the respective
Federal management authority for
comment; and (E) NOAA will seek
comments from other government
entities, authorities, and/or
jurisdictions, including international
entities for projects proposed outside of
U.S. waters, as necessary based on the
nature and scope of the proposed
project.
(2) Each NOAA program office will
provide for a merit-based peer review
and standardized documentation of that
review for proposals considered
appropriate for funding under their
respective category(s). Each proposal
will be reviewed by a minimum of three
individuals with knowledge of the
subject of the proposal. Each reviewer
will submit a separate and individual
review, and reviewers will not provide
a consensus opinion. The identities of
the peer reviewers will be kept
anonymous to the degree permitted by
law. Specific evaluation criteria for
projects submitted under each funding
category will be published in the
category’s respective annual Federal
Register solicitation.
(3) Each NOAA Coral Reef
Conservation Program Office will
subsequently implement an internal
review process to rank each proposal
that is appropriate for funding under
their program based upon consideration
of: comments and recommendations
from the reviews under paragraphs (1)
and (2), and their evaluation of each
proposal consistent with the five criteria
identified within the notice of funding
availability.
(4) A NOAA review panel made up of
representatives from each relevant
Program office will review the project
rankings from each program office and
make consensus-based, final project
selections and funding
recommendations to be presented to the
NOAA Administrator, or his designee,
for final approval. The review panel and
Administrator, or designee, will ensure
that the Act requirements for geographic

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funding distribution and consistency
with the overall Program goals have
been met. NOAA reserves the right to
consult with applicants, prior to making
an award, to determine the exact
amount of funds to be awarded, as well
as the most appropriate funding
category and mechanism under which
to consider the project for funding; and
(5) NOAA will provide written
notification of a proposal’s approval or
disapproval to each applicant within 6
months of submitting a coral reef
conservation proposal. Similarly, NOAA
will also provide written notification of
a project’s approval to each State or
other government jurisdiction that
provided comments and/or reviews.
Definitions
In this Program:
(1) Administrator means the
Administrator of the National Oceanic
and Atmospheric Administration.
(2) Conservation means the use of
methods and procedures necessary to
preserve or sustain corals and associated
species as diverse, viable, and selfperpetuating coral reef ecosystems,
including all activities associated with
resource management, such as
assessment, conservation, protection,
restoration, sustainable use, and
management of habitat; mapping;
habitat monitoring; assistance in the
development of management strategies
for marine protected areas and marine
resources consistent with the National
Marine Sanctuaries Act (16 U.S.C. 1431
et seq.) and the Magnuson-Stevens
Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.); law
enforcement; conflict resolution
initiatives; community outreach and
education; and that promote safe and
ecologically sound navigation.
(3) Cooperative Agreement means a
legal instrument reflecting a
relationship between the Department of
Commerce (DoC) and a recipient
whenever: (1) The principal purpose of
the relationship is to transfer money,
property, services or anything of value
to accomplish a public purpose of
support or stimulation authorized by
Federal statute, and (2) substantial
involvement (e.g. collaboration,
participation, or intervention by DoC in
the management of the project) is
anticipated between DoC and the
recipient during performance of the
contemplated activity.
(4) Coral means species of the phylum
Cnidaria, including—(A) all species of
the orders Antipatharia (black corals),
Scleractinia (stony corals), Gorgonacea
(horny corals), Stolonifera (organpipe
corals and others), Alcyanacea (soft
corals), and Coenothecalia (blue coral),

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jlentini on DSKJ8SOYB1PROD with NOTICES

Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices
of the class Anthozoa; and (B) all
species of the order Hydrocorallina (fire
corals and hydrocorals) of the class
Hydrozoa.
(5) Coral Reef means any reefs or
shoals composed primarily of corals.
(6) Coral Reef Ecosystem means coral
and other species of reef organisms
(including reef plants) associated with
coral reefs, and the non-living
environmental factors that directly
affect coral reefs, that together function
as an ecological unit in nature.
(7) Coral Products means any living or
dead specimens, parts, or derivatives, or
any product containing specimens,
parts, or derivatives, of any species
referred to in paragraph (4).
(8) Grant means a legal instrument
reflecting a relationship between DoC
and a recipient whenever: (1) The
principal purpose of the relationship is
to transfer money, property, services, or
anything of value in order to accomplish
a public purpose of support or
stimulation authorized by Federal
statute, and (2) no substantial
involvement is anticipated between DoC
and the recipient during the
performance of the contemplated
activity.
(9) Interagency Agreement, for the
purposes of these Guidelines, means a
written document containing specific
provisions of governing authorities,
responsibilities, and funding, entered
into between NOAA and another
Federal agency where NOAA is funding
the other Federal agency, pursuant to
the Act.
(10) Secretary means the Secretary of
Commerce.
(11) State means any State of the
United States that contains a coral reef
ecosystem within its seaward
boundaries, American Samoa, Guam,
the Northern Mariana Islands, Puerto
Rico, and the Virgin Islands, and any
other territory or possession of the
United States, or separate sovereign in
free association with the United States,
that contains a coral reef ecosystem
within its seaward boundaries.
Classification: This is a continuing
Program and is currently included in
the Catalog of Federal Domestic
Assistance under the Coral Reef
Conservation Program (11.482) and
Regional Fishery Management Councils
(11.441). The Program uses existing
NOAA Federal assistance application
package requirements per 15 CFR parts
14 and 24.
The program will determine NEPA
compliance on a project by project basis.
This action has been determined to be
not significant for purposes of Executive
Order 12866.

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The use of the standard grants
application package referred to in this
notice involves collection of
information requirements subject to the
Paperwork Reduction Act. The use of
Standard Forms 424, 424A, 424B, and
SF–LLL have been approved by OMB
under the respective control numbers
0348–0043, 0348–0044, 0348–0040, and
0348–0046.
The collection of information related
(1) requests for a waiver of matching
funds and (2) comments related to
project review as described in Section X
of this document have been approved by
the Office of Management and Budget
(OMB), control number 0648–0448,
under the Paperwork Reduction Act.
The public reporting burden is
estimated to average one hour per
response for comments on a proposed
project from each agency with
jurisdiction over coral reef ecosystems
in the area where the project is to be
conducted and one hour per response
for a request for a waiver of matching
funds. This estimate includes the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Send comments on these or any other
aspects of the collection of information
to NOAA Office of Ocean and Coastal
Resource Management at the address
listed in the FOR FURTHER INFORMATION
CONTACT section of this notice, and to
OMB at the Office of Information and
Regulatory Affairs, Office of
Management and Budget, Washington,
DC 20503 (Attention: NOAA Desk
Officer).
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
Paperwork Reduction Act, unless that
collection displays a currently valid
OMB control number.
Dated: August 6, 2010.
Donna Rivelli,
Deputy Associate Assistant Administrator for
Management and CFO/CAO, Ocean Services
and Coastal Zone Management.

DEPARTMENT OF COMMERCE
International Trade Administration
National Superconducting Cyclotron
Laboratory of Michigan State
University; Notice of Decision on
Applications for Duty-Free Entry of
Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5 p.m. in Room
3720, U.S. Department of Commerce,
14th and Constitution Ave., NW.,
Washington, DC.
Docket Number: 10–043. Applicant:
National Superconducting Cyclotron
Laboratory of Michigan State University.
Instrument: Radio Frequency
Quadropole Accelerator (RFQ).
Manufacturer: Institut fur Angewandte
Physik, Germany. Intended Use: See
notice at 75 FR 40775, July 14, 2010.
Comments: None received. Reasons:
Unique characteristics of this
instrument pertinent for the intended
purposes include the reachable power
and electrode voltage level, simple
tuning of rod-voltage flatness, and
simple resonance frequency tuning in
order to guarantee the required ion
beam properties. No other RFQ structure
can deliver these features in the
according frequency range of 80.5 MHz.
Decision: Approved. We know of no
instruments of equivalent scientific
value to the foreign instrument, for such
purposes as this is intended to be used
and with the unique characteristics
described above, that was being
manufactured in the United States at the
time of its order.
Dated: August 6, 2010.
Gregory W. Campbell,
Acting Director, Subsidies Enforcement
Office, Import Administration.
[FR Doc. 2010–19942 Filed 8–11–10; 8:45 am]
BILLING CODE 3510–DS–P

[FR Doc. 2010–19889 Filed 8–11–10; 8:45 am]
BILLING CODE 3510–08–P

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