Federal Register, Volume 75 Issue 71 (Wednesday, April 14, 2010)

[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19358-19363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8545]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 0907081109-0180-06]
RIN 0648-ZC10

Availability of Grant Funds for FY 2010

AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).

ACTION: Notice of availability of grant funds for FY 2010.

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SUMMARY: NOAA publishes this notice to solicit proposals for grant
funding for three NOAA Sea Grant Programs: (1) Sea Grant Aquaculture
Research Program 2010; (2) NOAA Sea Grant Aquaculture Extension and
Technology Transfer 2010; and (3) NOAA Sea Grant Aquatic Invasive
Species 2010. This notice supplements the agency's solicitation for
applications published on January 19, 2010 entitled ``Availability of
Grant Funds for Fiscal Year 2010'' (75 FR 3209).

DATES: Proposals must be received by the date and time specified under
each program listed in the SUPPLEMENTARY INFORMATION section of this
document.

ADDRESSES: Proposals must be submitted to the program address listed in
the SUPPLEMENTARY INFORMATION section of this document. NOAA's
discretionary grant fund notices may be found on the Internet at
Grants.gov. The URL for Grants.gov is http://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: For those applicants without Internet
access, you may request a copy of the full funding opportunity
announcement and/or application kit from the person listed as the
information contact under each program.

SUPPLEMENTARY INFORMATION: Applicants must comply with all requirements
contained in the Federal Funding Opportunity announcement for each of
the programs listed in this notice. The Federal Funding Opportunity
announcements are available at http://www.grants.gov.
The list of grant opportunities under NOAA Project Competitions
(below) describes the basic information and requirements for the
competitive grant/cooperative agreement programs offered by NOAA. These
programs are open to anyone who meets the eligibility criteria
specified under each entry. To be considered for an award under one of
the described competitive grant/cooperative agreement programs,
eligible applicants must submit a complete and responsive application
to the appropriate address by the deadline specified in this notice. An
award is made upon conclusion of the evaluation and selection process
for the respective program.

Table of Contents

I. Background
II. NOAA Project Competitions--Oceanic and Atmospheric Research
(OAR)
1. NOAA Sea Grant Aquaculture Research Program 2010
2. NOAA Sea Grant Aquaculture Extension and Technology Transfer
2010
3. NOAA Sea Grant Aquatic Invasive Species 2010
III. Relevant NOAA Mission Goal
IV. Classification

I. Background

In this notice, NOAA announces that three programs are making funds
available for financial assistance awards. Each entry for the following
grant opportunities provides: A description of the program, funding
availability, statutory authority, Catalog of Federal Domestic
Assistance (CFDA) number, application deadline, address for submitting
proposals, selection criteria, evaluation criteria, information
contacts, eligibility requirements, cost sharing requirements, and
intergovernmental review under Executive Order 12372. Interested
applicants should consult the January 19, 2010 Federal Register Notice
entitled ``Availability of Grant Funds for Fiscal Year 2010'' (75 FR
3209) for additional information about submitting an application to
NOAA.

II. NOAA Project Competitions

Oceanic and Atmospheric Research (OAR)

1. NOAA Sea Grant Aquaculture Research Program 2010
Summary Description: NOAA Sea Grant will make available up to
$6,000,000 for a national competition to fund aquaculture research
projects for FY 2010 to FY 2011, as part of the overall plan to support
the development of environmentally and economically sustainable ocean,
coastal or Great Lakes aquaculture. The Federal Funding Opportunity
(FFO) announcement for this competition is available on http://grants.gov under FFO number NOAA-OAR-SG-2010-2002488.
Funding Availability: Depending on FY 2011 Congressional
appropriations and the quality of proposals, Sea Grant expects to have
available up to $6,000,000 for aquaculture research projects for FY
2010 to FY 2011, with individual research projects funded at a total of
$50,000 to $400,000 in federal

[[Page 19359]]

funding (or $75,000 to $600,000 total funding, including required non-
Federal matching funds) for up to a two-year period. Additional match
may be applied, if appropriate. Given the anticipated amount of funding
and the anticipated number and quality of proposals submitted,
approximately 15 projects of average Federal funding of $400,000 are
anticipated.
Statutory Authority: 33 U.S.C. 1121 et seq.

Catalog of Federal Domestic Assistance (CFDA) Number: 11.417, Sea
Grant Support

Application Deadline: Proposals must be submitted by 5 p.m. Eastern
Time, May 25, 2010, regardless of where they are submitted. State Sea
Grant Programs must forward applications unchanged to Grants.gov by
5:00 p.m. Eastern Time, June 8, 2010. Applications that are not
received by the deadline will not be reviewed.
Address for Submitting Proposals: Applicants from Sea Grant states
must submit applications to the addresses provided by the appropriate
State Sea Grant Program. Contact information for Sea Grant Programs is
available at http://www.seagrant.noaa.gov/nsi/2010/eligible_2010.htm
or may also be obtained by contacting the Information Contact listed
below.
Applicants NOT From Sea Grant States may submit their applications
to a nearby State Sea Grant Program office, or directly to Grants.gov
(by the same date that applicants in Sea Grant states must send to
their Sea Grant Program).
If submitted electronically via Grants.gov, please indicate FFO
number NOAA-OAR-SG-2010-2002488 in the application.
If a Sea Grant Program or an applicant not from a Sea Grant State
does not have proven internet access, contact the Information Contact
listed below for submission instructions.
Evaluation Criteria:
1. Importance and/or relevance and applicability of proposed
project to the National Sea Grant program goals (maximum 25 points).
This ascertains whether there is intrinsic value in the proposed
work and/or relevance to NOAA, Federal, regional, State, or local
activities. For this competition, this ascertains:
(a) If the impact of the proposed work will increase domestic
marine aquaculture production, contribute to environmental
sustainability, and advance the state of the industry, science, or
state-of the-art methods for marine aquaculture;
(b) The degree to which the proposal contributes to the following
three top priorities for FY 2010 and FY 2011:
(1) Research on technical aspects of innovative mitigation or
`smart design' approaches to aquaculture, such as integrated multi-
trophic aquaculture or other ways to design aquaculture production in
an ecosystem management context; (2) Development of planning tools or
approaches to aid site selection for new or expanded aquaculture
facilities in the context of coastal and marine spatial planning
efforts, including planning and zoning tools for coastal managers; and
(3) Research on the social and economic issues associated with current
and new marine aquaculture; and
(c) If the proposal includes a concrete, unambiguous specific
desired outcome, and has a good chance of achieving that outcome
(including meeting stated performance measure targets).
2. Technical/scientific merit (maximum 35 points).
This 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 this competition, this ascertains:
(a) The quality of the work plan, and if it includes (if
appropriate) plans for identifying and conducting future research or
other future actions;
(b) If the proposal includes all components (research, outreach,
extension, etc) necessary to achieve the desired outcome and an
effective plan to integrate all components;
(c) If the proposal includes one or more of the performance
measures identified in section I.A of the FFO, with targets. If it does
not include these, does it include well-formed, outcome-based
performance measures, with targets, and credibly demonstrate how
achieving these performance measure targets will lead to increased
targets for one or more of the performance measures in section I.A of
the FFO; and
(d) If the proposal includes a way to objectively determine its
success at achieving its outcomes.
3. Overall qualifications of applicants (maximum 10 points).
This ascertains whether the applicant possesses the necessary
education, experience, training, facilities, and administrative
resources to accomplish the project. This includes their record of
achievement with previous funding.
4. Project costs (maximum 15 points).
The budget is evaluated to determine if it is realistic and
commensurate with the project needs and time-frame.
5. Outreach and education (maximum 15 points).
This criterion assesses whether this project provides a focused and
effective education and outreach strategy regarding NOAA's mission to
protect the Nation's natural resources. For this competition, this
ascertains if the proposal includes a clear and objective work plan for
outreach strategy and specific activities to maximize dissemination of
results to stakeholders.
Selection Procedures and Factors: Upon receipt of a full
application by NOAA, an initial administrative review will be conducted
to determine compliance with requirements and completeness of the
application. A merit review will also be conducted to produce a rank
order of the proposals. The NOAA Program Officer may review the ranking
of the proposals and make recommendations to the Selecting Official
based on the administrative and/or merit review(s) and selection
factors listed below. The Selecting Official selects proposals after
considering the administrative and/or merit review(s) and
recommendations of the Program Officer. In making the final selections,
the Selecting Official will award in rank order unless the proposal is
justified to be selected out of rank order based upon one or more of
the selection factors below. The Program Officer and/or Selecting
Official may negotiate the funding level of the proposal. The Selecting
Official makes final award recommendations to the Grants Officer
authorized to obligate the funds.
The selection factors that the Selecting Official may use are:
1. Availability of funding.
2. Balance and distribution of funds.
a. Geographically.
b. By type of institutions.
c. By type of partners.
d. By research areas.
e. By project types.
3. Duplication of other projects funded or considered for funding
by NOAA or other Federal agencies.
4. Program priorities and policy factors.
5. Applicant's prior award performance.
6. Partnerships and/or Participation of targeted groups.
7. Adequacy of information necessary for NOAA staff to make a
National Environmental Protection Act (NEPA) determination and draft
necessary documentation before recommendations for funding are made to
the Grants Officer.
Information Contacts: Agency contact for information regarding the
NOAA Sea Grant Aquaculture Research Program 2010 should be directed to
Dr. Gene Kim, 301-734-1281; via e-mail at
oar.hq.sg[email protected]">oar.hq.sg[email protected]; Mailing Address: NOAA Sea Grant;

[[Page 19360]]

1315 East-West Highway, SSMC3, R/SG; Silver Spring, MD 20910.
Eligibility: Institutions of higher education, nonprofit
organizations, commercial organizations, State, local and Indian tribal
governments and individuals are eligible. Federal agencies and their
personnel are not permitted to receive Federal funding under this
competition; however, Federal scientists can serve as partners or co-
Principal Investigators on research proposals. Directors of the state
Sea Grant Programs are not eligible to compete for funds under this
announcement, although for administrative purposes, they will be
considered to be the Principal Investigator for all awards made to
their state programs.
Cost Sharing Requirements: Non-Federal matching funds equal to at
least 50 percent of the Federal funding request must be provided. In-
kind contributions can count towards this matching requirement.
Intergovernmental Review: Applications under this Program are not
subject to Executive Order 12372, ``Intergovernmental Review of Federal
Programs.''
2. NOAA Sea Grant Aquaculture Extension and Technology Transfer 2010
Summary Description: NOAA Sea Grant will make available up to
$4,800,000 for a national competition to fund aquaculture extension
efforts for FY 2010 to FY 2012, as part of the overall plan to enhance
aquaculture extension (including technology transfer) to support the
development of environmentally and economically sustainable ocean,
coastal or Great Lakes aquaculture. Aquaculture extension is expected
to be conducted in cooperation and partnership with state and Federal
aquaculture agencies and regional management efforts. The Federal
Funding Opportunity (FFO) announcement for this competition is
available on http://grants.gov under FFO number NOAA-OAR-SG-2010-
2002491.
Funding Availability: Depending on FY 2011 and FY 2012
Congressional appropriations and the quality of proposals, Sea Grant
expects to have available up to $4,800,000 for aquaculture extension
efforts for FY 2010 to FY 2012. Each Sea Grant Program can submit up to
two separate proposals. Each individual proposal can be requested at a
total of $50,000 to $300,000 in Federal funding (or $75,000 to $450,000
total funding, including required non-Federal matching funds) for up to
a three-year period; however, the maximum annual amount for each
proposal is $100,000 in Federal funding per year. Given the anticipated
amount of funding and the anticipated number and quality of proposals
submitted, approximately 16 projects of average Federal funding
$300,000 are anticipated.
Statutory Authority: 33 U.S.C. 1121 et seq.

Catalog of Federal Domestic Assistance (CFDA) Number: 11.417, Sea
Grant Support.

Application Deadline: Proposals must be submitted by 5 p.m. Eastern
Time, May 25, 2010. Applications that are not received by the deadline
will not be reviewed.
Address for Submitting Proposals: Proposals must be submitted
through Grants.gov by the Sea Grant Program. If an applicant does not
have internet access, contact the Information Contact listed below.
Evaluation Criteria:
1. Importance and/or relevance and applicability of proposed
project to the National Sea Grant program goals (maximum 25 points).
This ascertains whether there is intrinsic value in the proposed
work and/or relevance to NOAA, federal, regional, State, or local
activities. For this competition, this ascertains:
(a) The degree of impact of the proposed work to increase domestic
ocean, coastal or Great Lakes aquaculture production, contribute to
environmental sustainability, and advance the state of the industry,
science, or state-of the-art methods for marine aquaculture; and
(b) The degree to which the proposal includes a concrete,
unambiguous specific desired outcome, and has a good chance of
achieving that outcome (including meeting stated performance measure
targets).
2. Technical/scientific merit (maximum 20 points).
This 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 this competition, this ascertains:
(a) The quality of the work plan, including (if appropriate) plans
for identifying and conducting future research, extension, or other
actions;
(b) If the proposal includes all components (research, outreach,
extension, etc) necessary to achieve the desired outcome. Is there an
effective plan for integrating all components?;
(c) If the proposal includes one or more of the performance
measures identified in section I.A of the FFO, with targets. If it does
not include these, does it include well-formed, outcome-based
performance measures, with targets, and credibly demonstrate how
achieving these performance measure targets will lead to increased
targets for one or more of the performance measures in section I.A of
the FFO; and
(d) If the proposal includes a way to objectively determine its
success at achieving its outcomes.
3. Overall qualifications of applicants (maximum 10 points).
This ascertains whether the applicant possesses the necessary
education, experience, training, facilities, and administrative
resources to accomplish the project. This includes their record of
achievement with previous funding.
4. Project costs (maximum 20 points).
The budget is evaluated to determine if it is realistic and
commensurate with the project needs and time-frame. This includes
assessment of the described plans for how the aquaculture extension
personnel capacity will be maintained when funding from this
competition terminates.
5. Outreach and education (maximum 25 points).
Assesses whether this project provides a focused and effective
education and outreach strategy regarding NOAA's mission to protect the
Nation's natural resources. For this competition, this ascertains if
the proposal includes a clear and objective work plan for outreach
strategy and specific activities to maximize dissemination of results
to stakeholders.
Selection Procedures and Factors: Upon receipt of a full
application by NOAA, an initial administrative review will be conducted
to determine compliance with requirements and completeness of the
application. A merit review will also be conducted to produce a rank
order of the proposals.
The NOAA Program Officer may review the ranking of the proposals
and make recommendations to the Selecting Official based on the
administrative and/or merit review(s) and selection factors listed
below. The Selecting Official selects proposals after considering the
administrative and/or merit review(s) and recommendations of the
Program Officer. In making the final selections, the Selecting Official
will award in rank order unless the proposal is justified to be
selected out of rank order based upon one or more of the selection
factors below. The Program Officer and/or Selecting Official may
negotiate the funding level of the proposal. The Selecting Official
makes final award recommendations to the Grants Officer authorized to
obligate the funds.

[[Page 19361]]

The selection factors that the Selecting Official may use are:
1. Availability of funding.
2. Balance and distribution of funds.
a. Geographically.
b. By type of institutions.
c. By type of partners.
d. By research areas.
e. By project types.
3. Duplication of other projects funded or considered for funding
by NOAA or other Federal agencies.
4. Program priorities and policy factors.
5. Applicant's prior award performance.
6. Partnerships and/or Participation of targeted groups.
7. Adequacy of information necessary for NOAA staff to make a
National Environmental Protection Act (NEPA) determination and draft
necessary documentation before recommendations for funding are made to
the Grants Officer.
Information Contacts: Agency contact for information regarding the
NOAA Sea Grant Aquaculture Extension and Technology Transfer 2010
should be directed to Dr. Gene Kim, 301-734-1281; via e-mail at
oar.hq.sg[email protected]">oar.hq.sg[email protected]; Mailing Address: NOAA Sea Grant; 1315
East-West Highway, SSMC3, R/SG; Silver Spring, MD 20910.
Eligibility: The following entities are eligible to apply to this
funding opportunity: Sea Grant College Programs, Sea Grant
Institutional Programs, the Guam Sea Grant Project, the Lake Champlain
Sea Grant Project, and the Sea Grant National Law Center.
Other interested parties are encouraged to work with the Sea Grant
programs in their region to explore opportunities for partnering.
Contact information for all eligible state Sea Grant programs can be
found at http://www.seagrant.noaa.gov/nsi/2010/eligible_2010.htm or
may also be obtained by contacting the Information Contact listed
above.
Cost Sharing Requirements: Non-Federal matching funds equal to at
least 50 percent of the Federal funding request must be provided. In-
kind contributions can count towards this matching requirement.
Intergovernmental Review: Applications under this Program are not
subject to Executive Order 12372, ``Intergovernmental Review of Federal
Programs.''
3. NOAA Sea Grant Aquatic Invasive Species 2010
Summary Description: NOAA Sea Grant will make available $2,000,000
in 2010 and up to $2,000,000 in 2011, if appropriations are available,
to Sea Grant programs to support integrated projects of research,
outreach, extension, education and/or management, addressing regional
aquatic invasive species priorities for U.S. coastal, ocean, and Great
Lakes areas. The opportunity seeks especially to support projects that
address NOAA-relevant regional aquatic invasive species priorities
identified by Sea Grant Regional Research Plans, by NOAA Regional
Collaboration Teams, by the Aquatic Nuisance Species (ANS) Task Force
Regional Panels, and in ANS State Management Plans. The Federal Funding
Opportunity (FFO) announcement for this competition is available on
http://grants.gov under FFO number NOAA-OAR-SG-2010-2002380.
Funding Availability: A total of $2,000,000 of Federal Sea Grant
funds in FY 2010 and up to $2,000,000 in FY 2011 is anticipated to be
offered, depending on appropriations. Up to 11 awards are anticipated
to be made, depending the number, quality, and request amounts of
applications received. Federal funding requests must be no higher than
$400,000 and no lower than $20,000. An exception to the $400,000 upper
limit is if a single integrated project addresses an invasive species
issue in multiple Sea Grant regions. If this is done, the maximum
amount that can be requested is $400,000 times the number of regions
involved.
Statutory Authority: Authority for this FFO is provided by 33
U.S.C. 1121 et seq., as amended.

Catalog of Federal Domestic Assistance (CFDA) Number: 11.417, Sea
Grant Support.

Application Deadline: Applications must be received by 5 p.m.
Eastern time May 17, 2010. Applications that are not received by the
deadline will not be reviewed.
Address for Submitting Proposals: Applications should be submitted
to Grants.gov. Applicants who do not have access to the Internet should
request submission information from the Information Contact listed
below.
Evaluation Criteria:
1. Importance and/or relevance and applicability of proposed
project to the program goals (40 percent).
This ascertains whether there is intrinsic value in the proposed
work and/or relevance to NOAA, Federal, regional, State, or local
activities. For this competition, this criterion ascertains:
(a) Does the proposal address a significant recognized regional
aquatic invasive species issue?
(b) If the proposed project is successful, will it contribute
significantly to the resolution of this issue?
(c) Does the proposal include a concrete, unambiguous specific
desired outcome, and does the project have a good chance of achieving
that outcome (including meeting stated performance measure targets)?
2. Technical/scientific merit (40 percent).
This 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 this competition, this criterion
assesses:
(a) The quality of the work plan, including (if appropriate) plans
for identifying and selecting future research or other future actions;
(b) Does the proposal include all components (research, outreach,
extension, etc) necessary to achieve the desired outcome? Is there an
effective plan for integrating all components?
(c) Does the proposal include one or more of the performance
measures identified in section I.A of the FFO, with targets? If it does
not include these, does it include well-formed, outcome-based
performance measures, with targets, and credibly demonstrate how
achieving these performance measure targets will lead to increased
targets for one or more of the performance measures in section I.A of
the FFO?
(d) Does the proposal include a way to objectively determine its
success at achieving its outcomes?
3. Overall qualifications of applicants (5 percent).
This ascertains whether the applicant possesses the necessary
education, experience, training, facilities, and administrative
resources to accomplish the project. For this competition this
criterion ascertains whether the proposed leader and team possess the
necessary education, experience, breadth, facilities, and
administrative resources to accomplish the project.
4. Project costs (10 percent).
The Budget is evaluated to determine if it is realistic and
commensurate with the project needs and time-frame. For this
competition, this criterion also assesses the degree to which costs
have been minimized and inter-institutional and partnership activities
have been incorporated in order to leverage funds and resources.
5. Outreach and education (5 percent).
NOAA assesses whether this project provides a focused and effective

[[Page 19362]]

education and outreach strategy regarding NOAA's mission to protect the
Nation's natural resources. For this competition, this criterion
assesses the quality of proposed outreach and education activities to
contribute to achieving the desired objective, as well as to
effectively communicate the results of this project after it is
completed, to maximize its usefulness in future similar efforts.
Selection Procedures and Factors: Upon receipt of a full
application by NOAA, an initial administrative review will be conducted
to determine compliance with requirements and completeness of the
application. A merit review will also be conducted to produce a rank
order of the proposals. The NOAA Program Officer may review the ranking
of the proposals and make recommendations to the Selecting Official
based on the administrative and/or merit review(s) and selection
factors listed below. The Selecting Official selects proposals after
considering the administrative and/or merit review(s) and
recommendations of the Program Officer. In making the final selections,
the Selecting Official will award in rank order unless the proposal is
justified to be selected out of rank order based upon one or more of
the selection factors below. The Program Officer and/or Selecting
Official may negotiate the funding level of the proposal. The Selecting
Official makes final award recommendations to the Grants Officer
authorized to obligate the funds.
The selection factors that the Selecting Official may use are:
1. Availability of funding.
2. Balance and distribution of funds.
a. Geographically.
b. By type of institutions.
c. By type of partners.
d. By research areas.
e. By project types.
3. Duplication of other projects funded or considered for funding
by NOAA or other Federal agencies.
4. Program priorities and policy factors.
5. Applicant's prior award performance.
6. Partnerships and/or Participation of targeted groups.
7. Adequacy of information necessary for NOAA staff to make a
National Environmental Protection Act (NEPA) determination and draft
necessary documentation before recommendations for funding are made to
the Grants Officer.
Information Contact: Dorn Carlson, National Sea Grant College
Program, 1315 East-West Highway, R/SG, Rm 11710, Silver Spring, MD
20910; tel: (301) 713-1080; e-mail: [email protected].
Eligibility: The following entities are eligible to apply to this
funding opportunity: Sea Grant Colleges, Sea Grant Institutional
Programs, the Lake Champlain Sea Grant Project, the Guam Sea Grant
Project, and the Sea Grant National Law Center.
Other interested parties are encouraged to work with the Sea Grant
programs in their region to explore opportunities for partnering.
Contact information for all eligible state Sea Grant programs and
projects can be found at http://www.seagrant.noaa.gov/nsi/2010/eligible_2010.htm or may also be obtained by contacting Dorn Carlson
listed in Agency Contacts.
Cost Sharing Requirements: Matching funds equal to at least 50
percent of the Federal funding request must be provided.
Intergovernmental Review: Applications under this program are not
subject to Executive Order 12372, ``Intergovernmental Review of Federal
Programs.''

III. Relevant NOAA Mission Goal

Protect, Restore and Manage the Use of Coastal and Ocean Resources
Through Ecosystem-Based Management

Coastal areas are among the most developed in the Nation. More than
half the population lives on less than one-fifth of the land in the
contiguous United States. Furthermore, employment in near shore areas
is growing three times faster than population. Coastal and marine
waters support over 28 million jobs and provide a tourism destination
for nearly 90 million Americans a year. The value of the ocean economy
to the United States is over $115 billion. The value added annually to
the national economy by the commercial and recreational fishing
industry alone is over $48 billion. U.S. aquaculture sales total almost
$1 billion annually. With its Exclusive Economic Zone of 3.4 million
square miles, the United States manages the largest marine territory of
any nation in the world.
Funded proposals should help achieve the following outcomes:
1. Healthy and productive coastal and marine ecosystems that
benefit society.
2. A well-informed public that acts as a steward of coastal and
marine ecosystems.
Program Names for this Mission Goal:
1. NOAA Sea Grant Aquaculture Research Program 2010.
2. NOAA Sea Grant Aquaculture Extension and Technology Transfer
2010.
3. NOAA Sea Grant Aquatic Invasive Species 2010.

IV. Classification

Limitation of Liability

In no event will NOAA or the Department of Commerce be responsible
for proposal preparation costs. Publication of this announcement does
not oblige NOAA to award any specific project or to obligate any
available funds.

Universal Identifier

For programs that have deadline dates on or after October 1, 2003,
applicants should be aware that they may be required to provide a Dun
and Bradstreet Data Universal Numbering System (DUNS) number during the
application process. See the October 30, 2002 Federal Register, (67 FR
661770 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, NEPA Questionnaire, http://www.nepa.noaa.gov/questionnaire.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

[[Page 19363]]

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.

Compliance With Department of Commerce Bureau of Industry and Security
Export Administration Regulations

a. This section applies to the extent that this notice results in
financial assistance awards involving access to export-controlled
information or technology.
b. In performing a financial assistance award, the recipient may
gain access to export-controlled information or technology. The
recipient will then be responsible for compliance with all applicable
laws and regulations regarding export-controlled information and
technology, including deemed exports. The recipient shall establish and
maintain throughout performance of the financial assistance award
effective export compliance procedures at non-NOAA facilities. At a
minimum, these export compliance procedures must include adequate
controls of physical, verbal, visual, and electronic access to export-
controlled information and technology.
c. Definitions.
1. Deemed export. The Export Administration Regulations (EAR)
define a deemed export as any release of technology or source code
subject to the EAR to a foreign national, both in the United States and
abroad. Such release is ``deemed'' to be an export to the home country
of the foreign national. 15 CFR 734.2(b)(2)(ii).
2. Export-controlled information and technology. Export-controlled
information and technology is information and technology subject to the
EAR (15 CFR parts 730 et seq.), implemented by the DOC Bureau of
Industry and Security, or the International Traffic Arms Regulations
(ITAR) (22 CFR parts 120-130), implemented by the Department of State,
respectively. This includes, but is not limited to, dual-us items,
defense articles and any related assistance, services, software or
technical data as defined in the EAR and ITAR.
d. The recipient shall control access to all export-controlled
information and technology that it possesses or that comes into its
possession in performance of a financial assistance award, to ensure
that access is restricted, or licensed, as required by applicable
Federal laws, Executive Orders, and/or regulations.
e. Nothing in the terms of this section is intended to change,
supersede, or waive any of the requirements of applicable Federal laws,
Executive Orders or regulations.
f. The recipient shall include this clause, including this
paragraph (f), in all lower tier transactions (subawards, contracts,
and subcontracts) under the financial assistance award that may involve
access to export-controlled information technology.

NOAA implementation of Homeland Security Presidential Directive--12

If the performance of a financial assistance award, if approved by
NOAA, requires recipients to have physical access to Federal premises
for more than 180 days or access to a Federal information system, any
items or services delivered under a financial assistance award shall
comply with the Department of Commerce personal identity verification
procedures that implement Homeland Security Presidential Directive--12,
FIPS PUB 201, and the Office of Management and Budget Memorandum M-05-
24. The recipient shall insert this clause in all subawards or
contracts when the subaward recipient or contractor is required to have
physical access to a Federally controlled facility or access to a
Federal information system.

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 February 11, 2008 (73 FR 7696) 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, CD-346, SF 424 Research and Related Family, SF
424 Short Organizational Family, SF 424 Individual Form family has been
approved by the Office of Management and Budget (OMB) under the
respective control numbers 4040-0004, 0348-0044, 0348-0040, 0348-0046,
0605-0001, 4040-0001, 4040-0003, and 4040-0005.
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: April 9, 2010.
Terry Bevels,
Acting Chief Financial Officer, Office of Oceanic and Atmospheric
Research, National Oceanic and Atmospheric Administration.
[FR Doc. 2010-8545 Filed 4-13-10; 8:45 am]
BILLING CODE 3510-PJ-P