Federal Notice, Marine Hwy Grant Notice of Funding Availability

Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices
final airspace determinations for the
development on the ALP. (3) Eligibility
for Federal grants-in-aid funds for
eligible items. (4) FAA Finding of ‘‘No
Historic Properties Affected’’ for the
proposed action. (5) FAA Finding of ‘‘No
Effect’’ to threatened and endangered
species. (6) FAA Finding of ‘‘No Impact’’
to floodplains. (7) Wetland finding that
there is no practicable alternative to
such construction and the proposed
action includes all practicable measures
to minimize harm to wetlands. (8)
Environmental clearance for disposal of
land no longer needed for airport
purposes. (9) Appropriate permits and
mitigation will be needed before
disbursing Federal funds.
These documents will be available for
public review during normal business
hours at Bldg. 23B, FAA Bismarck ADO,
2301 University Drive, Bismarck, North
Dakota, Bowman Regional Public
Library, 18 East Divide Street, Bowman,
ND 58623, and at the Bowman County
Airport Authority, 14686 Highway 12,
Bowman, ND 58623.
Issued in Bismarck, North Dakota, August
2, 2010.
Steve Obenauer,
Manager, Bismarck Airport District Office
FAA, Great Lakes Region.
[FR Doc. 2010–19920 Filed 8–11–10; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2010–0035]

America’s Marine Highway Grant
Notice of Funding Availability

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AGENCY: Maritime Administration,
Department of Transportation.
ACTION: Grant Notice of Funding
Availability.
SUMMARY: On October 28, 2009, the
President of the United States signed the
2010 National Defense Authorization
Act (NDAA). Section 3515 of the NDAA,
titled America’s Short Sea
Transportation Grants for the
Development of Marine Highways,
amended Section 55601 of the 2007
Energy Independence and Security Act,
titled Short Sea Transportation Program.
Section 3515 of the NDAA directs the
Secretary of Transportation (Secretary)
to establish and implement a short sea
transportation grant program to
implement projects or components of a
project designated under subsection (d)
of Section 55601.
Marine Highway Projects are new
waterborne transportation services, or
expansions of existing services

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operating between U.S. ports or between
U.S. ports and ports in Canada in the
Great Lakes Saint Lawrence Seaway.
Projects are proposed by a project
sponsor and formally designated by the
Secretary under the America’s Marine
Highway Program. Projects that reduce
external cost and provide public benefit
by transporting passengers and/or
freight (container or wheeled) in
support of all or a portion of a Marine
Highway Corridor, Connector, or
Crossing may receive support from DOT
and are eligible to compete for Marine
Highway grants under the program
described in this notice. Marine
Highway projects and their designation
are described in detail in the final rule
published on April 9, 2010, at 75 FR
18095.
It is neither the purpose nor the intent
of these grants to shift passengers or
freight currently moving by water to
another water service, but rather to
expand the use of marine transportation
where landside transportation is
currently being utilized and when the
water option represents the best overall
option. Therefore a project that directly
competes with another, existing Marine
Highway service will not be considered
for a grant award.
In order to receive a grant under the
program, applicants are required to:
submit an application to the Secretary
in such form and manner, at such time,
and containing such information as the
Secretary may require, and demonstrate
to the satisfaction of the Secretary that
the project is financially viable, the
funds received will be spent efficiently
and effectively, and a market exists for
the services of the proposed project as
evidenced by contracts or written
statements of intent from potential
customers. Applicants are required to
provide at least 20 percent of the project
costs from non-Federal sources. In
awarding grants under the program, the
Secretary shall give preference to those
projects or components that present the
most financially viable transportation
services and require the lowest
percentage Federal share of the costs. A
plan is financially viable upon
demonstration to the Secretary of
Transportation that the project will be
sustainable in a specified and
reasonable timeframe. The Maritime
Administration’s Fiscal Year 2010
appropriations, signed by the President
of the United States on December 16,
2009, included $7,000,000 to ‘‘designate
and support specific projects that will
create new or expanded services along
designated Marine Highway Corridors.’’
Funds for this purpose will be allocated
through the Marine Highway Grant

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49017

Program established in the NDAA and
set forth in this notice.
This notice announces the availability
of funding for Marine Highway grants,
and establishes selection criteria and
application requirements.
Marine Highway Grants will be
awarded to applicants to implement
projects or components of projects
designated under America’s Marine
Highway Program as outlined in the
final rule published on April 9, 2010.
Eligible applicants must be sponsors of
Marine Highway Projects formally
designated by the Secretary.
Sponsors of designated Marine
Highway Projects are eligible to apply
for a Marine Highway Grant as
described in this notice.
DATES: Grant applications must be
received by 5 p.m., August 27, 2010.
The Department of Transportation
(DOT) will evaluate all applications and
announce the projects that have been
selected to receive grant funds as soon
as possible after the Application
Deadline.
ADDRESSES: Grant applications must be
submitted electronically through
Grants.gov. Only applications received
through Grants.gov will be deemed
properly filed. Instructions for
submitting applications through
Grants.gov are included in Section IV
(Submission of Applications).
Paperwork Reduction Act: In
accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the America’s Marine
Highway (AMH) information collection
was previously approved by the Office
of Management and Budget (OMB) and
was assigned the OMB control number
2133–0541.
FOR FURTHER INFORMATION CONTACT:
Please contact the Marine Highway
Grants program manager via e-mail at
MH.Projects@dot.gov, or contact
Michael Gordon at (202) 366–5468.

Table of Contents
I. Background
II. Eligibility
III. Selection Criteria
IV. Submission of Applications
V. Evaluation Process
VI. Contents of Application
VII. Grant Administration

I. Background
Three legislative actions in
combination require implementation of
a Marine Highway Program, including
the designation of Marine Highway
Projects, the authorization of Marine
Highway grants, and the appropriation
of funds for such grants. These are
described below.

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49018

Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices

The Energy Independence and
Security Act of 2007, Sections 1121,
1122, and 1123 of Public Law 110–140,
enacted on December 19, 2007 (121
STAT. 1492), calls for the Secretary of
Transportation to establish a short sea
transportation (Marine Highway)
program and designate short sea
transportation projects to mitigate
landside congestion. It encourages the
development and expansion of the use
of documented vessels, increased
shipper utilization, port and landside
infrastructure improvement, and
development of marine transportation
strategies by State and local
governments.
As required by the Energy
Independence and Security Act of 2007,
the Maritime Administration published
a final rule on April 9, 2010,
establishing America’s Marine Highway
Program, 75 FR 18095 (April 9, 2010),
including the designation of Marine
Highway Projects (Section 393.4). The
intent of Section 393.4 is to designate
and provide support to projects that
lead to Marine Highway services which,
if successfully implemented, expanded,
or otherwise enhanced, would reduce
external costs and provide the greatest
benefit to the public. In addition to
reduced transportation delays, public
benefits can include, but are not limited
to, reduced emissions including
greenhouse gases, reduced energy
consumption, road or rail infrastructure
maintenance savings, and improved
safety. Additional consideration will be
given to Marine Highway Projects that
represent the most cost-effective option
among other modal improvements or
reduce border congestion. Some Marine
Highway Projects can also provide
public benefit by offering routes that are
more resilient to incidents that interrupt
surface transportation, or provide
additional, redundant surface
transportation options. Designation can
help focus public and private
investment on pre-identified projects
that offer the maximum potential public
benefit, may receive support from DOT,
and are eligible to compete for Marine
Highway grants under the program
described in this notice. Enactment of
section 3515 of the 2010 National
Defense Authorization Act (Pub. L. 111–
84) (NDAA) directs the Secretary to
establish and implement a Marine
Highway grant program to implement
projects or components of projects
designated as a Marine Highway Project.
In order to receive a grant under this
program, applicants must submit an
application to DOT and demonstrate
that the project is financially viable, the
funds will be spent efficiently and

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effectively, and that a market exists for
the services of the proposed project as
evidenced by contracts or written
statements of intent from potential
customers. It also requires that
applicants provide at least 20 percent of
the project costs from non-Federal
sources. It calls for DOT to give
preference to projects that represent the
most financially viable transportation
services and require the lowest Federal
cost share.
The 2010 NDAA directs DOT to
establish and implement a short sea
transportation grant program to
implement projects or components of
projects designated as a Marine
Highway Project. The Fiscal Year 2010
DOT Appropriation includes $7,000,000
from the O&T funds for the Secure and
Efficient Ports Initiative, which seeks to
develop the Nation’s intermodal freight
infrastructure by linking coastal and
inland ports to the highway and rail
networks. It recognizes the important
role that our ports and waterways can
play in easing congestion and increasing
mobility by moving both freight and
passengers from our roads to waterways.
The funding provided as part of this
initiative will allow DOT to designate
and support specific projects that will
create new or expanded services along
designated Marine Highway Corridors.
In addition, the funding will allow for
the collection of data to support the
expanded use of a secure national
marine highway. The intent of this grant
program is to expand the use of water
transportation.
II. Eligibility
Applicants eligible for Marine
Highway Grants are project sponsors
that have received designation by DOT
for a specific Marine Highway Project
under the America’s Marine Highway
Program. Project sponsors are public
entities, including but not limited to,
Metropolitan Planning Organizations,
State governments (including State
Departments of Transportation), and
port authorities. Project sponsors are
encouraged to develop coalitions and
public/private partnerships that can
include vessel owners and operators,
third party logistics providers, trucking
companies, shippers, railroads, port
authorities, State, regional, and local
transportation planners, environmental
interests or any combination of entities
working in collaboration under a single
application. Components of projects that
are eligible for grant funding include,
but are not limited to, the following
items, generally in order of priority:

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—Port and terminal infrastructure
(wharves, docks, terminals, paving,
etc.),
—Cargo, passenger and/or vessel
handling equipment,
—Efficiency or capacity improvements
in ports, terminals, aboard vessels,
intermodal connectors, etc.,
—Investments that improve
environmental sustainability,
—New or used vessel purchase or vessel
modifications, and
—Research, planning, or environmental
analysis or review.
III. Selection Criteria
This section specifies the criteria that
DOT will use to evaluate applications.
Three criteria will be considered in the
evaluation process, which were
established in the final rule. This
information will have been provided by
applicants during the project
designation process. No additional
applicant input is required to address
these criteria. These criteria establish
the degree to which projects are
expected to:
1. Reduce external cost and provide
public benefit,
2. Offer a lower-cost alternative to
increasing land-based capacity in the
Corridor, and
3. Demonstrate the likelihood of
financial viability.
Applicants may, however, opt to
provide additional information specific
to the above criteria if they desire. In
evaluating this option, applicants
should consider paragraph (g)(2)(B) of
Section 3515 of NDAA of 2010, which
requires that, in order to receive a grant
under the program, the following factors
must be taken into consideration:
1. Applicants demonstrate to the
satisfaction of DOT that the funds
received will be spent efficiently and
effectively,
2. Applicants demonstrate to the
satisfaction of DOT that a market exists
for the services of the proposed project
as evidenced by contracts or written
statements of intent from potential
customers,
3. Applicants provide at least 20
percent of the costs from non-Federal
sources, and,
4. In awarding grants under the
program, DOT give preference to those
projects or components that present the
most financially viable transportation
services and require the lowest
percentage Federal share of the costs.
While the criteria above were
generally addressed in the original
Marine Highway Project application
requirements (Section 393.4(e)1(F)(vi),
and Business Planning (vii); Proposed
Project Timeline), these more specific

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Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices
requirements may warrant submission
of additional information in response to
this Notice of Funding Availability. It is
important that this information is
available to DOT during the grant
evaluation process.
All grant applications will be
reviewed pursuant to the requirements
of the National Environmental Policy
Act (NEPA), 42 U.S.C. 4321, et seq.
IV. Submission of Applications
Applications must be submitted
through http://www.grants.gov
(grants.gov). To apply for funding
through Grants.gov, applicants must be
properly registered. Complete
instructions on how to register and
submit applications can be found on the
Web site; registration must be
completed before an application can be
submitted. If interested parties
experience difficulties at any point
during the registration or application
process, they should call the Grants.gov
Customer Support Hotline at 1–800–
518–4726, Monday–Friday from 7 a.m.
to 9 p.m. Eastern Time. The Catalog of
Federal Domestic Assistance (CFDA)
number for this solicitation is 20.816,
titled America’s Marine Highway
Grants. Additional information on
applying through Grants.gov is available
in Appendix A, attached hereto.

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V. Evaluation Process
DOT will use the evaluation,
weighting, and selection processes as set
forth in Section 393.4(e)6 contained in
the final rule implementing the Marine
Highway Program (MARAD–2010–0035)
to review and select Marine Highway
Grant applications. In addition, an
assessment of the overall project risk
factors will be conducted and
considered during the evaluation
process.
VI. Contents of Application
An applicant for a Marine Highway
Grant should include all of the
information requested below in the
application. DOT reserves the right to
ask any applicant to supplement the
data in its application, but expects
applications to be complete upon
submission. To the extent practical,
DOT encourages applicants to provide
data and evidence of project merits in a
form that is verifiable.
A. Length of Application. The
narrative portion of an application
should not exceed 10 pages.
Documentation supporting assertions
made in the narrative portion may also
be provided, but should be limited to
relevant information. If possible, Web
site links to supporting documentation
should be provided instead of copies of

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these materials. At the applicant’s
discretion, relevant materials provided
previously in support of a Marine
Highway Project application may be
referenced and described as unchanged.
To the extent referenced, this
information need not be resubmitted for
the Marine Highway grant application.
B. First Page of Application: The first
page of the application should provide
the following items of information:
1. Marine Highway Project name (as
stated in the Department’s Letter of
Designation).
2. Primary point of contact for
applicant.
3. Amount in dollars, of Grant Funds
the applicant is seeking, along with
sources, and share of other matching
funds.
4. Summary statement of how the
grant funding will be applied.
5. Project parties.
6. Data Universal Numbering System
(DUNS) number. Recipients of Marine
Highway grants and their first-tier subawardees will be required to have DUNS
numbers (http://www.dnb.com) and
current registrations in the Central
Contractor Registration (http://
www.ccr.gov). While these items do not
need to be provided as part of the
application, a Marine Highway grant
will not be awarded if a recipient or
first-tier sub-awardee does not have
these items.
C. Contact Information. An
application should include the name,
phone number, e-mail address, and
organization address of the primary
point of contact for the applicant. DOT
will use this information to inform
applicants of DOT’s decision regarding
selection of grantees, as well as to
contact them in the event that DOT
needs additional information about
applications.
D. Grant Funds and Sources and Uses
of Project Funds. An application should
include specific information about the
amount of grant funding requested,
sources and uses of all project funds,
total project costs, percentage of project
costs that would be paid for with
Marine Highway grant funds and the
identity and percentage shares of all
parties providing funds for the project
(including Federal funds provided
under other programs).
E. Selection Criteria. In general,
applications will be evaluated based on
the information provided in the original
application for designation as a Marine
Highway Project as set forth in the final
rule implementing the Marine Highway
Program (MARAD–2010–0035).
However, as addressed in Section III
(Selection Criteria) of this notice,
applicants may provide additional

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49019

information. This information should be
provided in the order it was solicited in
the final rule.
F. National Environmental Policy Act
(NEPA) Requirement. An application
must detail whether the project will
significantly affect the human
environment. Applicants should consult
the Maritime Administration’s Manual
of Orders, MAO–600–1, Procedures for
Considering Environmental Impacts,
available at http://www.marad.dot.gov/
documents/mao_600-001-0.pdf and 40
CFR Part 1500 to ensure that the proper
environmental impact information is
included with the grant application. If
the NEPA, or comparable state NEPA,
process has already been completed, an
applicant must indicate the date of, and
provide a Web site link or other
reference to, the final environmental
document(s). If the NEPA process is
underway but not complete, the
application must detail where the
project is in the process, indicate the
anticipated date of completion, and
provide a Web site link or other
reference to copies of any
environmental documents prepared.
G. Environmentally Related Federal,
State, and Local Actions. An application
must indicate whether the proposed
project is likely to require actions by
other agencies (e.g., permits), indicate
the status of such actions, and provide
a Web site link or other reference to
materials submitted to the other
agencies, and/or demonstrate
compliance with other Federal, state,
and local regulations and permits as
applicable.
H. Certification Requirements. In
order for an application to be
considered for a grant award, the Chief
Executive Officer of the applicant is
required to certify, in writing, the
following:
1. That, except as noted in this grant
application, nothing has changed from
the original application for formal
designation as a Marine Highway
Project.
2. The project sponsor will administer
the project and any funds received will
be spent efficiently and effectively.
3. Applicants will provide
information, data, and reports as
required by the grantor.
I. Protection of Confidential Business
Information. All information submitted
as part of or in support of an application
shall use publicly available data or data
that can be made public and
methodologies that are accepted by
industry practice and standards, to the
extent possible. If the application
includes information that the applicant
considers to be a trade secret or
confidential commercial or financial

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Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices

information, the applicant should do the
following: (1) Note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI)’’; (2) mark each affected page
‘‘CBI’’; and (3) highlight or otherwise
denote the CBI portions. DOT protects
such information from disclosure to the
extent allowed under applicable law. In
the event DOT receives a Freedom of
Information Act (FOIA) request for the
information, DOT will follow the
procedures described in its FOIA
regulations at 49 CFR 7.17. Only
information that is ultimately
determined to be confidential under that
procedure will be exempt from
disclosure under FOIA.
VII. Grant Administration
All applicable Federal laws, rules,
and regulations will apply to projects
that receive Marine Highway grants.
How soon after award a project is
expected to expend grant funds and
start construction, acquisition, or
procurement will be considered on a
case-by-case basis and will be specified
in the project-specific grant agreement.
DOT reserves the right to revoke any
award of Marine Highway grant funds
and to award such funds to another
project to the extent that such funds are
not expended in a timely manner and in
accordance with the project schedule.
DOT’s ability to obligate funds for
Marine Highway grants expires on
September 30, 2010.

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Appendix A
Additional Information on Applying
Through Grants.gov. Applications for Marine
Highway grants must be submitted through
Grants.gov. To apply for funding through
Grants.gov, applicants must be properly
registered. Complete instructions on how to
register and apply can be found at http://
www.grants.gov. If interested parties
experience difficulties at any point during
the registration or application process, please
call the Grants.gov Customer Support Hotline
at 1–800–518–4726, Monday–Friday from 7
a.m. to 9 p.m. Eastern Time. Registering with
Grants.gov is a one-time process; processing
delays may occur for first-time registrants to
receive confirmation and a user password. It
is highly recommended that applicants start
the registration process as early as possible
to avoid delays that may preclude submitting
an application by the deadline specified.
Applications will not be accepted after the
relevant due date; delayed registration is not
an acceptable reason for extensions. In order
to apply for a Marine Highway grant under
this announcement and to apply for funding
through Grants.gov, all applicants are
required to complete the following:
1. Acquire a Data Universal Numbering
System Number. A Data Universal
Numbering System (DUNS) number is
required for Grants.gov registration. The
Office of Management and Budget requires

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that all businesses and nonprofit applicants
for Federal funds include a DUNS number in
their applications for a new award or renewal
of an existing award. A DUNS number is a
unique nine-digit sequence recognized as the
universal standard for identifying and
keeping track of entities receiving Federal
funds. The identifier is used for tracking
purposes and to validate address and point
of contact information for Federal assistance
applicants, recipients, and sub-recipients.
The DUNS number will be used throughout
the grant life-cycle. Obtaining a DUNS
number is a free, one-time activity. Obtain a
DUNS number by calling 1–866–705–5711 or
by applying online at http://www.dnb.com.
2. Acquire or Renew Registration with the
Central Contractor Registration (CCR)
Database. All applicants for Federal financial
assistance maintain current registrations in
the Central Contractor Registration (CCR)
database. An applicant must be registered in
the CCR to successfully register in
Grants.gov. The CCR database is the
repository for standard information about
Federal financial assistance applicants,
recipients, and sub-recipients. Organizations
that have previously submitted applications
via Grants.gov are already registered with
CCR, as it is a requirement for Grants.gov
registration. Please note, however, that
applicants must update or renew their CCR
registration at least once per year to maintain
an active status, so it is critical to check
registration status well in advance of relevant
application deadlines. Information about
CCR registration procedures can be accessed
at http://www.ccr.gov.
3. Acquire an Authorized Organization
Representative (AOR) and a Grants.gov
Username and Password. Complete your
AOR profile on Grants.gov and create your
username and password. You will need to
use your organization’s DUNS number to
complete this step. For more information
about the registration process, go to http://
www.grants.gov/applicants/
get_registered.jsp.
4. Acquire Authorization for your AOR
from the E–Business Point of Contact (E–Biz
POC). The E–Biz POC at your organization
must log into Grants.gov to confirm your
AOR. Please note that there can be more than
one AOR for your organization.
5. Search for the Funding Opportunity on
Grants.gov. Please use the following
identifying information when searching for
the Marine Highway grant opportunity on
Grants.gov. The Catalog of Federal Domestic
Assistance (CFDA) number for this
solicitation is 20.816, which is titled
America’s Marine Highway Grants.
6. Submit an Application Addressing All of
the Requirements Outlined in this Funding
Availability Announcement. Within 24–48
hours after submitting your electronic
application, you should receive an email
validation message from Grants.gov. The
validation message will tell you whether the
application has been received and validated
or rejected, with an explanation. You are
urged to submit your application at least 72
hours prior to the due date of the application
to allow time to receive the validation
message and to correct any problems that
may have caused a rejection notification.

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Note: When uploading attachments please
use generally accepted formats such as .pdf,
.doc, and .xls. While you may imbed picture
files such as .jpg, .gif, or .bmp, in your files,
please do not save and submit attachments in
these formats. Additionally, the following
formats will not be accepted: .com, .bat, .exe,
.vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.
Unforeseen Grants.gov Technical Issues. If
you experience unforeseen Grants.gov
technical issues beyond your control that
prevent you from submitting your
application by the deadline, you must
contact Michael Gordon at 202–366–5468 or
Michael.Gordon@dot.gov within 24 hours
after the deadline and request approval to
submit your application by alternate means.
In that circumstance, Department staff will
request that you email the complete grant
application along with your DUNS number,
and provide a Grants.gov Help Desk tracking
number(s) obtained prior to the deadline.
After Department staff review all of the
information submitted as well as contact the
Grants.gov Help Desk to validate the
technical issues you reported, Department
staff will contact you to either approve or
deny your request to submit a late
application. If the technical issues you
reported cannot be validated, your
application will be rejected as untimely. To
ensure a fair competition for limited funds,
the following conditions are not valid
reasons to permit late submissions: (1)
Failure to complete the registration process
before the deadline date; (2) failure to follow
Grants.gov instructions on how to register
and apply as posted on its Web site; (3)
failure to follow all of the instructions in the
funding availability notice; and (4) technical
issues experienced with the applicant’s
computer or information technology
environment.
Dated: August 10, 2010.
By Order of the Maritime Administrator.
Christine Gurland,
Secretary, Maritime Administrator.
[FR Doc. 2010–20013 Filed 8–11–10; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0106; Notice 1]

CFMOTO Powersports, Inc., Receipt of
Petition for Decision of
Inconsequential Noncompliance
CFMOTO Powersports, Inc.
(CFMOTO),1 agent for the Chunfeng
Holding Group Hangshou Motorcycles
Manufacturing Co., LTD. (formerly
known as Zhejiang CFMOTO Power Co.,
Ltd. (CHG)) has determined that certain
model year 2005–2009 CHG Model
CF250T–3(V3) and CF250T–5(V5)
1 CFMOTO Powersports, Inc., a Minnesota
Corporation, is an importer of motor vehicles.

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