[Federal Register: June 6, 2002 (Volume 67, Number 109)]
[Page 38934-38939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



National Oceanic and Atmospheric Administration


Fish and Wildlife Service


Maritime Administration

[Docket No. 020418091-2091-01]
RIN 0648-ZB20

Ballast Waster Treatment Technology Demonstration Program: 
Request for Proposals for FY 2002

AGENCIES: National Sea Grant College Program, National Oceanic and 
Atmospheric Administration, Department of Commerce; Fish and Wildlife 
Service, Department of the Interior; and Maritime Administration, 
Department of Transportation.

ACTION: Notice of request for proposals.


SUMMARY: The purpose of this notice is to advise the public that the 
National Sea Grant College Program (Sea Grant), the U.S. Fish and 
Wildlife Service (Service), and the U.S. Maritime Administration 
(MARAD) are entertaining proposals to participate in ballast water 
treatment research and technology demonstration projects that address 
the problem of aquatic invasive species entering U.S. waters from 
ballast water. In FY 2002 only, Sea Grant and the Service expect to 
make available about $2.1 million to support projects to improve 
ballast water treatment and management, especially in the Chesapeake 
Bay and the Great Lakes. In addition, in FY 2002 only, MARAD expects to 
make available several ships of its Ready Reserve Force Fleet to act as 
test platforms for ballast water technology demonstration projects.

DATES: The closing date for receipt of proposals for funding by Sea 
Grant or the Service is 5 p.m. EDT, July 22, 2002. The closing date for 
letters of application for use of a MARAD ship is 5 p.m., EDT, July 8, 
2002. Facsimile transmissions and electronic mail submission of 
proposals will not be accepted. We anticipate that funding decisions 
will be made by August 15, 2002, and that successful applicants will be 
able to initiate projects approximately December 1, 2002.

ADDRESSES: Proposals must be submitted to: National Sea Grant College 
Program, R/SG, Attn: Ballast Water Competition, Room 11841, NOAA, 1315 
East-West Highway, Silver Spring, MD 20910 (phone number for express 
mail applications is 301-713-2435).

FOR FURTHER INFORMATION CONTACT: Dorn Carlson, Associate Program 
Director for Aquatic Nuisance Specifies, or Mary Robinson, Secretary, 
both at the National Sea Grant Office, 301-713-2435; facsimile 301-713-
0799; or Sharon Gross, U.S. Fish and Wildlife Service, 703-358-2308; 
facsimile 703-358-2210; or Debra Aheron, U.S. Maritime Administration, 
202-366-8887; facsimile 202-366-6988.


1. Program Authority

    Authority: 16 U.S.C. 4701 et seq.; 33 U.S.C. 1121-1131; 50 
U.S.C. App 1744 (2000).

    Catalog of Federal Assistance Number: 11.417, Sea Grant Support; 
15.FFA, Fish and Wildlife Management Assistance.

[[Page 38935]]

II. Program Description


    Introductions of nonindigenous aquatic nuisance species (ANS) are 
increasing in frequency and causing substantial damage to the Nation's 
environment and economy. Although the most prominent of these 
introductions has been the zebra mussel, many other ANS have been 
introduced and have become a nationwide problem that threatens the 
environment, the economy, and public health and welfare. While some 
intentional introductions of nonindigenous aquatic species may have had 
beneficial effects, many others already present in U.S. waters, or with 
the potential to enter U.S. waters, may have significant impacts on the 
natural resources and economy of the United States. In response, the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4701 et seq.) and the National Invasive Species Act of 1996 (16 
U.S.C. 4711-4714) (collectively, the Acts) established a framework for 
the Nation to address the problems of aquatic nuisance species 
    In addition, the Acts recognized the serious threat posed by 
ballast water discharge in causing new invasions and called for ballast 
water management demonstration programs. A 1996 National Research 
Council study of the ballast water problem, ``Stemming the Tide,'' 
concluded that, with the growth of global shipping, and the changes in 
modern shipping practices, introductions of aquatic nuisance species 
through ballast water discharge were likely to remain a serious 
problem. The study called for the development of improved technology 
for the management of ballast water to eliminate this treat to the 
Nation's waters. Several projects are under way demonstrating the 
usefulness of various technologies, although the possibility that there 
will be a single technological solution that is acceptable for all 
modes of shipping operations and classes of vessels is unlikely.

Resource Availability and Priorities

(1) Funding for Ballast Water Technology Projects
    The National Sea Grant College Program of the National Oceanic and 
Atmospheric Administration (NOAA) of the Department of Commerce (DOC) 
and the U.S. Fish and Wildlife Service of the Department of the 
Interior (DOI) encourage proposals that address one of the following 
program areas:
    (a) Ballast water projects that clearly target ballast water 
priorities of the Chesapeake Bay. About $870,000 is available to 
support projects in this program area. The maximum allowable request 
for a single project is $870,000.
    (b) Ballast water projects that clearly target ballast water 
priorities of the Great Lakes. About $980,000 is available to support 
projects in this program area. The maximum allowable request for a 
single project is $980,000.
    (c) Ballast water projects that clearly target documented national 
or regional ballast water management priorities. About $250,000 is 
available to support projects in this program area. The maximum 
allowable request for a single project is $250,000.
    Proposals may be for basic or applied research, but research 
projects must clearly support the development and demonstration of 
ballast water treatment technologies that will ultimately be viable for 
use by operating vessels (although they need not support the 
development of any one particular technology). Projects may be proof-
of-principle, laboratory-, pilot-, or full-scale experiments, or field 
tests. proposals for pilot-scale ballast water projects should 
demonstrate treatment technologies that have proven themselves at a 
laboratory scale, and proposals for full-scale projects should 
demonstrate treatment technologies that have proven themselves at a 
pilot scale.
    Factors that demonstrate that a project targets Chesapeake Bay or 
Great Lakes priorities include:

--Whether all field experimentation in the project takes place in the 
Chesapeake Bay or Great Lakes, or uses ballast water taken from or 
destined for the Chesapeake Bay or Great Lakes, and the extent to which 
other aspects of the project are sited in the Chesapeake Bay or Great 
Lakes area;
--Whether the objectives of the project address documented Chesapeake 
Bay or Great Lakes issues of concern, such as those set out in the 
Chesapeake Bay Program document, ``Recommendations for (a) the 
Reauthorization of the National Invasive Species Act of 1996, and (b) 
the National Ballast Management program, to Address issues of Concern 
for the Chesapeake Bay Region,'' May 12, 2001, (CBP/TRS 255/
01, EPA 903-R-01-006), and the document from the Great Lakes 
Panel of the Aquatic Nuisance Species Task Force, ``Policy Statement on 
Ballast Water Management,'' March 2001 (available at Internet address 
--Whether resource managers, maritime industry representatives, or 
other interests from the Chesapeake Bay or Great lakes have endorsed 
the project, especially if that endorsement includes participating in 
the design or execution of the project or providing matching funds; 
--Whether the expertise and past experience of the investigators 
involves ballast water investigations relevant to the Chesapeake Bay or 
Great Lakes.

    Examples of national ballast water priorities are those set out in 
the document, ``Recommended Ballast Water Research Priorities of the 
Ballast Water and Shipping Committee of the Aquatic Nuisance Species 
Task Force,'' February 28, 2002.
    State and regional ballast water priorities have been published by 
some regional panels of the Aquatic Nuisance Species Task Force and in 
some State ANS Management Plans. Not all regions of the country have 
regional panels, and not all panels have published ballast water 
priorities. Not all states have State ANS Management Plans, and not all 
ANS Management Plans contain ballast water priorities. Further 
information on Aquatic Nuisance Species Task Force Committees, Regional 
Panels and State ANS Management Plans can be found at the Internet Web 
site, http://www.ANSTaskForce.gov/.
    Funds for program areas 1(a) and 1(b) are provided by Sea Grant. 
The allocation of funds between Chesapeake Bay and the Great Lakes in 
these two program areas is according to Congressional direction. Funds 
for program area 1(c) are provided by the Service.
    Contact Dorn Carlson, listed under FOR FURTHER INFORMATION CONTACT, 
above, with questions about eligibility for funding under these program 
areas. Matching funds are not required, but may be included. Proposals 
are limited to 1 year of funding, but activities may extend for up to 2 
years; an annual report showing satisfactory progress must be submitted 
at the end of the first year. Project activities should include 
identified milestones for each project year.
(2) Use of ships as Test Platforms for Ballast Water Technology 
Demonstration Projects
    The U.S. Maritime Administration is making available a limited 
number of ships to act as test platforms for ballast water technology 
demonstration projects. Proposed projects with higher impact and 
showing higher scientific or professional merit, as determined by the

[[Page 38936]]

criteria in section IV., Evaluation Criteria, below, will be given 
higher priority for use of a MARAD ship, provide that a ship 
appropriate to that project is available and all other requirements of 
MARAD for ship use are met.
    Applicants may apply for both funding and the use of a MARAD ship 
to support a single ballast water project, but it is not necessary to 
request use of a MARAD ship in order to receive consideration for 
funding, nor is it necessary to request funding in order to receive 
consideration for use of a MARAD ship. Any proposal requesting both 
funding and the use of a MARAD ship, however, will only be awarded 
funding if it (a) is selected for funding by the selection process 
described in section V., below; (b) is approved by MARAD for use on a 
ship; and (c) meets all requirements prosed by MARAD as conditions of 
use of the ship, throughout the duration of the project. Availability 
of MARAD ships is not automatic; MARAD reserves the right to offer or 
decline any request. Funding may be denied to an otherwise worthy 
proposal requesting both funding and the use of a MARAD ship, if 
discussions between the applicant and MARAD are incomplete at the time 
funding decisions are made.

    Note: Due to security restrictions in the aftermath of 9/11/01, 
the number and frequency of visits to a participating ship, and the 
number of visitors at any given time, may be limited. All visits 
must be scheduled and approved by a ship's POC (to be designated) in 
advance. Also, approval for use of a MARAD ship for testing will 
take into consideration the degree to which existing system may be 
disturbed. In no case will operational or mission capability be 
allowed to be compromised, MARAD will be the sole determinator for 
this caveat. For further information see Section VII.

III. Eligibility

    Eligible applicants are individuals, institutions of higher 
education, other nonprofit organizations, commercial organizations, 
Federal, State, local and Indian tribal governments, foreign 
governments, organizations under the jurisdiction of foreign 
governments, and international organizations. Applications from non-
Federal and eligible Federal applicants (including NOAA employees) will 
compete in the same selection process against the Evaluation Criteria 
in Section IV. Proposals selected for funding from non-Federal 
applicants will be funded through project grants or cooperative 
agreements under the terms of this notice. We will use cooperative 
agreements if the proposed project includes substantial involvement 
that will be described in the award. Examples of substantial 
involvement may include collaboration in research, participation in 
selection of key personnel, or approval of key stages in the project 
before subsequent steps are undertaken. Contact Dorn Carlson, listed 
under FOR FURTHER INFORMATION CONTACT, above, with questions about 
cooperative agreements. Federal agencies will be funded through 
interagency transfers.

    Please Note: A Federal applicant will be considered eligible to 
receive funds only if it can demonstrate that it has legal authority 
to receive funds from another Federal agency in excess of its 
appropriation. The Economy Act (31 U.S.C. 1535) will not be 
considered as legal authority to transfer funds since awards issued 
under this announcement will not constitute a purchase of goods or 
services by DOC, DOI or DOT.

IV. Evaluation Criteria

    The technical evaluation criteria for proposals submitted under 
this announcement are as follows:
    (1) Impact of Proposed Project (70 percent): The effect this 
activity, if successful, will have on the development of ballast water 
treatment technologies capable of addressing documented ballast water 
priorities, or the need for this activity as a necessary step toward 
such technology development; and the degree to which potential users of 
the results of the proposed activity have been involved in planning the 
activity and will be involved in the execution of the activity as 
    (2) Scientific or Professional Merit (30 percent): Probability of 
the activity successfully meeting its objectives; degree to which the 
activity will advance the state of the science or technology through 
synthesis of existing information and use and extension of cutting edge 
as well as state-of-the-art methods; degree to which new approaches to 
solving problems and exploiting opportunities in resource management or 
development; appropriateness of the experimental design and scale of 
the experiment to the level of development of the technology; degree to 
which investigators are qualified by education, training, and/or 
experience to execute the proposed activity; degree to which the 
principles of the technology have been proven in appropriate prior 
experiments; and record of achievement with previous funding.

V. Selection Procedures

    Proposals will be subjected to peer review and ranked in accordance 
with the assigned weights of the above evaluation criteria by an 
independent panel consisting of government, academic, and industry 
experts. Panel members will provide individual evaluations on each 
proposal, and there will be no consensus advice. Their recommendations 
and evaluations will be considered by the Federal Program Officers for 
Sea Grant, the Service, and MARAD, who will:
    (1) Ascertain which proposals best meet the program priorities, as 
described in Section II under Resource Availability and Priorities, 
giving consideration to geographic distribution and representation, 
maintaining a balanced program of research, and no unnecessarily 
duplicating other projects that are currently funded or are approved 
for funding by NOAA, DOI, and other State and Federal agencies (hence, 
awards may not necessarily be made to the proposals receiving the 
highest technical evaluation scores);
    (2) Select the proposals to be funded or for which use of a MARAD 
ship will be granted;
    (3) Determine which components of the selected projects will be 
funded or performed on a MARAD ship;
    (4) Determine the total duration of funding or MARAD ship use for 
each proposal; and,
    (5) Determine the amount of funds available for each proposal.
    Federal Program Officers from Sea Grant and the Service will make 
the final determinations concerning proposals for funding. Federal 
Program Officers from MARAD, Sea Grant, and the Service will work 
together to reach decisions, but the final responsibility for making 
decisions in each program area rests with the Federal Program Officer 
of the agency that is funding or supporting that area.
    Investigators may be asked to respond to questions or modify 
objectives, work plans, or budgets prior to final approval of the 
award. Subsequent grant administration procedures will be in accordance 
with current DOC or DOI grants procedures. A summary statement of the 
technical evaluation by the peer panel will be provided to each 

VI. Instructions for Application for Funding

    Although investigators are not required to submit more than 3 
copies of each proposal, the normal review process requires 10 copies. 
Investigators are encouraged to submit sufficient copies for the full 
review process, if it does not cause a financial hardship, if they wish 
all reviewers to receive color, unusually sized (not 8.5''x11''), or

[[Page 38937]]

otherwise unusual materials submitted as part of the proposal. Only 
three copies of the federally required forms are needed. Facsimile 
transmissions of proposals will not be accepted. Proposals on 
electronic media will be accepted ONLY if:

--Three copies of all federally required forms are submitted in paper 
copy with appropriate signatures;
--The proposal is submitted on physical media such as removable disk or 
CD-ROM disk (e-mail proposals will not be accepted);
--The disk is accompanied by one paper copy of the entire proposal 
(including a signed title page), and a signed letter identifying the 
file name of the electronic proposal, and warranting that the 
electronic file is identical to the submitted paper copy; and,
--The format of the proposal and the physical media used are readable 
and printable by equipment available at the Sea Grant office, and when 
printed out meets all formatting requirements below. (The office can 
read and print files in ASCII plaintext, Acrobat PDF, WordPerfect 9 and 
Microsoft Word 2000 formats. Contact Dorn Carlson, listed under FOR 
FURTHER INFORMATION CONTACT, above, with questions about electronic 
capabilities of the sea Grant office).

    All pages should be single- or double-spaced, typewritten in at 
least a 10-point font, and printed on metric A4 (210mm x 297mm) or 
8.5'' x 11'' paper. Brevity will assist reviewers and program staff in 
dealing effectively with proposals. Therefore, the Project Description 
may not exceed 15 pages. Tables and visual materials, including 
figures, charts, graphs, maps, photographs, and other pictorial 
presentations, are included in the 15-page limitation for the Project 
Description. As noted below, literature cited, budget information, 
current and pending support, vitae of investigators, and letters of 
support, if any, are not considered part of the Project Description and 
are not included in the 15-page limitation. Conformance to the 15-page 
limitation will be strictly enforced.
    All information needed for review of the proposal should be 
included in the main text; no appendices, other than support letters, 
if any, are permitted. Failure to adhere to the above limitations will 
result in the proposal being rejected without review.
    (1) Signed Title Page: The title page should be signed by the 
Principal Investigator and the institutional representative. The 
Principal Investigators and collaborators and the institutional 
representative should be identified by affiliation and contact 
information. The total amount of Federal funds being requested should 
be listed for each budget period; for projects involving multiple 
institutions, the total should include all subrecipient budgets.
    (2) Project Summary: It is critical that the project summary 
accurately describes the research being proposed and conveys all 
essential elements of the research. Applicants are encouraged to use 
the Sea Grant Project Summary Form 90-2, but may use their own form as 
long as it provides the following information:
    1. Title: Use the exact title as it appears in the rest of the 
    2. Investigators: List the names and affiliations of each 
investigator who will significantly contribute to the project. Start 
with the Principal Investigator.
    3. Funding: Funding request for each year of the project, Including 
matching funds if appropriate.
    4. Project Period: Start and completion dates. Proposals should 
request a start date of November 1, 2002, or later.
    5. Project objectives, methodology, and rationale: This should be a 
brief statement of the rationale for the project, the scientific or 
technical objectives and/or hypotheses to be tested, and a summary of 
work to be completed.
    (3) Project Description (15-page limit):
    (a) Introduction/Background/Justification: Subjects that 
investigator(s) may wish to include in this section are: (i) Current 
state of knowledge; (ii) contributions that the study will make to the 
particular discipline or subject area; (iii) contributions and impacts 
the study will make toward ballast water technology development; and 
(iv) as appropriate, contributions of investigator's previously funded 
research results to current proposal.
    This section should also include a discussion of the prior 
technical research that indicates the likelihood of success of the 
proposed project. If the proposal is for a pilot-scale project, this 
discussion should include a description of laboratory experiments on 
the proposed technology, and the results of those experiments; if the 
proposal is for a full-scale project, the discussion should include 
prior laboratory- and pilot-scale experiments and results. Wherever 
possible, cite the peer- reviewed literature where these results were 
    (b) Research or Technical Plan: (i) Objectives to be achieved, 
hypotheses to be tested; (ii) plan of work--discuss how stated project 
objectives will be achieved; and (iii) role of project personnel.
    Research Protocol. Research activities funded under this program 
must not accelerate the spread of aquatic nuisance species to non-
infested watersheds. Therefore, if the proposed project involves the 
use of ballast water or simulated ballast water to which living 
organisms are added that are not already established at the site of the 
project, or if the project involves increasing the population or 
viability of living ballast water organisms that are not already 
established at the site of project, the proposal must describe the 
research protocol that will be used to assure that these organisms are 
not released to the environment in a viable state. This research 
protocol provided may be reviewed by an interagency committee created 
under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4701 et seq.). Proposals lacking a suitable protocol 
may not be eligible for funding. (Proposals that do not involve 
addition, concentration, enrichment, or increasing the viability of 
living organisms do not need to include this research protocol.) 
Guidelines for developing suitable protocols are available from the 
internet Web site http://www.ANSTaskForce.gov/resprot.htm, or from Dorn 
Carlson, listed under FOR FURTHER INFORMATION CONTACT, above).
    (c) Output: Describe the project outputs and impacts that will 
directly enhance the Nation's ability to reduce the impacts of aquatic 
nuisance species in ballast water. Describe the contribution of the 
project to the ultimate successful widespread availability and field 
use of a mature ballast water technology.
    (d) Coordination with other Program Elements: Describe any 
coordination with other agency programs or ongoing research efforts. 
Describe any other proposals that are essential to the success of this 
    If the proposal involves the discharge of any chemical, such as a 
biocide or water modifying agent, or chemical decomposition products or 
residuals, into waters of the United States, describe the coordination 
with the appropriate State environmental or natural resource agency 
responsible to determine if a discharge permit is needed and will be 
    If the proposal involves the discharge of unexchanged ballast water 
originating beyond U.S. Exclusive Economic Zone into waters of the 
Great Lakes or the Hudson River, describe the coordination with the 
U.S. Coast Guard to determine if an approval under regulations at 33

[[Page 38938]]

CFR part 151 subpart D, is needed and will be issued.
    If the proposal involves the installation of prototype equipment on 
an operating ship, describe the coordination with the U.S. Coast Guard 
concerning whether approval is needed.
    If the proposal involves the discharge of bassast water in any 
jurisdiction that places other limitations or conditions on that 
discharge, describe the coordination with the agency responsible for 
determining if that discharge meets those limitations or conditions.
    (e) Vessel Selection (if appropriate): Applications proposing 
shipboard demonstrations of ballast water management should address the 
requirements and priorities listed in the National Invasive Species Act 
of 1996 (16 U.S.C. 4711-4714) for selecting vessels for demonstration 
projects. These requirements are available through the Sea Grant Web 
site (www.nsgo.seagrant.org/research/nonindigenous/RFP02.html) or from 
Dorn Carlson at the National Sea Grant Office or Debra Aheron U.S. 
Maritime Administration (listed under FOR FURTHER INFORMATION CONTACT, 
above). Additionally, applicants must indicate whether they are 
coordinating with MARAD with respect to using a MARAD ship.
    (4) Literature Cited.
    (5) Budget and Budget Justification: There should be a separate 
budget for each year of the project as well as a cumulative annual 
budget for the entire project. Applicants are encouraged to use the Sea 
Grant Budget Form 90-4, but may use their own from as long as it 
provides the same information as the Sea Grant form. Subcontracts 
should have a separate budget page. Matching funds must be indicated if 
provided. Applicants should provide justification for all budget items 
in sufficient detail to enable the reviewers to evaluate the 
appropriateness of the funding requested. For those applications to be 
supported by Sea Grant, regardless of any approved indirect cost rate 
applicable to the award, the maximum dollar amount of allocable 
indirect costs for which the Department of Commerce will reimburse the 
Recipient shall be the lesser of: (a) The Federal share of the total 
allocable indirect costs of the award based on the negotiated rate with 
the cognizant Federal agency as established by audit or negotiation; or 
(b) the line item amount for the Federal share of indirect costs 
contained in the approved budget of the award.
    (6) Current and Pending Support: Applicants must provide 
information on all current and pending Federal support of ongoing 
projects and proposals, including subsequent funding in the case of 
continuing grants. The proposed project and all other projects or 
activities using Federal assistance and requiring a portion of time of 
the principal investigator or other senior personnel should be 
included. The relationship between the proposed project and these other 
projects should be described, and the number of person-months per year 
to be devoted to the projects must be stated. Similar information must 
be provided for all proposals already submitted or submitted 
concurrently to other possible sponsors, including those within the 
Departments of Commerce, the Interior, and Transportation.
    (7) Vitae (2 pages maximum per investigator).
    (8) Standard Application Forms: Applicants may obtain all required 
application forms through the Sea Grant Web site: 
(www.nsgo.seagrant.org/research/rfp/index.html#3) or from Dorn Carlson 
at the National Sea Grant Office (listed under FOR FURTHER INFORMATION 
CONTACT above) or for purposes of using a MARAD ship, from Debra 
Aheron, U.S. Maritime Administration (listed under FOR FURTHER 
    Standard Forms 424, Application for Federal Assistance, and 424B, 
Assurances--Non-Construction Programs, (Rev 4-88). Please note that 
both the Principal Investigator and an administrative contact should be 
identified in Section 5 of the SF424. Leave section 10 blank.

VII. Instructions for Applications for Use of a MARAD Ship

    Applications for shipboard testing must satisfy all MARAD 
requirements for the use of their ships as test platforms. For purposes 
of this test phase, ships cannot be moved from their existing 
locations. However, testing may be conducted under certain conditions 
during temporary vessel movements such as sea trials. Applicants for 
use of a MARAD ship (for Ballast Water technology projects) must submit 
a Standard Form 424 containing the name, affiliation, address and phone 
number of the principal investigator requesting the use of a MARAD 
ship. The applicant must also provide:
    (1) The type and location of the ship required, from a list of 
available ships (obtainable from Debra Aheron, listed under FOR FURTHER 
INFORMATION CONTACT above), and the projected time and duration of 
    To assure timely ship assignments, applicants are strongly urged to 
contact Ms. Aheron, listed under FOR FURTHER INFORMATION CONTACT by 
June 20, 2002, to discuss ship availability and ship use requirements.
    (2) A description of the project proposed to be conducted on the 
ship. If the applicant is also applying for funding under this Request 
for Proposals to support this project, a copy of the complete 
application for funding submitted may be provided as the description of 
the project. In response to this application, MARAD will open a dialog 
with the applicant, during which additional information relating to the 
logistical and other requirements of the project will be required of 
the applicant.

VIII. Other Requirements for Successful Applicants

    In addition to producing an annual progress report and a final 
report, successful applicants will be expected to attend an annual 
ballast water investigators meeting in the continental United States, 
probably in the fall, during each year that the project is ongoing. 
Applicants should consider travel costs to these meetings when 
preparing their budgets.
    Successful applicants for use of a MARAD ship will be required to 
enter into a Memorandum of Agreement (MOA) or contract with MARAD, 
which will address in detail MARAD requirements for the use of their 
ships as test platforms. Shipboard installations for the testing 
purposes shall be temporary in nature; successful applicants shall be 
required to dismantle all temporary installations during ship 
activation, if any, at the end of testing and reinstall any equipment 
removed during the temporary installation. Temporary installations must 
not impact the ship's and its safety at any time during the 
installation, removal, and testing. Applicants will be required to 
submit proof of insurance as requested under the MOA.
    All Department of the Interior assistance awards are subject to the 
requirements of 43 CFR part 12, Administrative and Audit Requirements 
and Cost Principles for Assistance Programs.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements, contained in the Federal Register 
notice of October 1, 2001 (66 FR 49917), are applicable to this 
solicitation. However, please note that the Department of Commerce will 
not implement the requirements of Executive Order 13202 (66 FR 49921), 
pursuant to guidance issued by the Office of Management and Budget, in 
light of a court opinion which found that the Executive Order was not 
legally authorized. See Building

[[Page 38939]]

and Construction Trades Department v. Allbaugh, 172 F. Supp. 2d 138 
(D.D.C. 2001). This decision is currently on appeal. When the case been 
finally resolved, the Department will provide further information on 
implementation of Executive Order 13202.
    Projects selected for funding by Sea Grant in Sea Grant states may 
be administered through the Sea Grant Program from that state. 
Unsuccessful applications will be held in the National Sea Grant Office 
for a period of five (5) years and then destroyed.
    Pursuant to Executive Orders 12876, 12900, and 13021, the 
Department of Commerce, National Oceanic and Atmospheric Administration 
(DOC/NOAA) is strongly committed to broadening the participation of 
Historically Black Colleges and Universities, Hispanic Serving 
Institutions, and Tribal Colleges and Universities in its educational 
and research programs. The DOC/NOAA vision, mission, and goals are to 
achieve full participation by Minority Serving Institutions (MSI) in 
order to advance the development of human potential, to strengthen the 
nation's capacity to provide high-quality education, and to increase 
opportunities for MSIs to participate in and benefit from Federal 
Financial Assistance programs. DOC/NOAA encourages all applicants to 
include meaningful participation of MSIs. Institutions eligible to be 
considered MSIs are listed at the following Internet Web site: http://
    This notice contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The use of Standard Forms 424, 424B, 
and SF-LLL has been approved by OMB under the respective control 
numbers 0338-0043, 0348-0040, and 0348-0046. The use of NOAA Forms 90-2 
and 90-4, or equivalents, has been approved by OMB under the control 
number 0648-0362. Public reporting burden for these NOAA forms is 
estimated to average 20 minutes for a NOAA Form 90-2 and 15 minutes for 
a NOAA Form 90-4. These response times include 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 regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to the National Sea Grant Office 
    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.

IX. Classification

    Applications under this program are not subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''
    It has been determined that this notice is not significant for 
purposes of Executive Order 12866.
    It has been determined that this notice does not contain policies 
with Federalism implications as that term is defined in Executive Order 
    Because notice and comment are not required under 5 U.S.C. 553, or 
any other law, for notices relating to public property, loans, grants, 
benefits or contracts (5 U.S.C. 553(a)), a Regulatory Flexibility 
Analysis is not required and has not been prepared for this notice, 5 
U.S.C. 601 et seq.

    Dated: May 31, 2002.
Louisa Koch,
Deputy Assistant Administrator, Office of Oceanic and Atmospheric 
Research, National Oceanic and Atmospheric Administration, Department 
of Commerce.
    Dated: April 19, 2002.
Cathleen Short,
Assistant Director for Fisheries, U.S. Fish and Wildlife Service, 
Department of the Interior.
    Dated: May 10, 2002.
Margaret D. Blum,
Associate Administrator for Ports, Intermodal and Environmental 
Activities, U.S. Maritime Administration, Department of Transportation.
    Dated: May 15, 2002.
James E. Caponiti,
Associate Administrator for National Security, U.S. Maritime 
Administration, Department of Transportation.
[FR Doc. 02-14102 Filed 6-5-02; 8:45 am]