American Recovery and Reinvestment Act of 2009 (Recovery Act) Addendum to Supplemental Funding for Brownfields Revolving Loan Fund (RLF) Grantees, 19954-19956 [E9-9964]
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Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
Docket Numbers: ER09–1027–000.
Applicants: New York Independent
System Operator, Inc.
Description: New York Independent
Systems Operator, Inc. submits for
acceptance Seventh Revised Sheet 3 et
al. to its FERC Electric Tariff, Original
Volume 1.
Filed Date: 04/22/2009.
Accession Number: 20090423–0032.
Comment Date: 5 p.m. Eastern Time
on Wednesday, May 13, 2009.
Any person desiring to intervene or to
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s Rules of
Practice and Procedure (18 CFR 385.211
and 385.214) on or before 5 p.m. Eastern
time on the specified comment date. It
is not necessary to separately intervene
again in a subdocket related to a
compliance filing if you have previously
intervened in the same docket. Protests
will be considered by the Commission
in determining the appropriate action to
be taken, but will not serve to make
protestants parties to the proceeding.
Anyone filing a motion to intervene or
protest must serve a copy of that
document on the Applicant. In reference
to filings initiating a new proceeding,
interventions or protests submitted on
or before the comment deadline need
not be served on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protest.
Persons unable to file electronically
should submit an original and 14 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First St. NE., Washington, DC
20426.
The filings in the above proceedings
are accessible in the Commission’s
eLibrary system by clicking on the
appropriate link in the above list. They
are also available for review in the
Commission’s Public Reference Room in
Washington, DC. There is an
eSubscription link on the Web site that
enables subscribers to receive e-mail
notification when a document is added
to a subscribed dockets(s). For
assistance with any FERC Online
service, please e-mail
FERCOnlineSupport@ferc.gov. or call
VerDate Nov<24>2008
15:35 Apr 29, 2009
Jkt 217001
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9–9891 Filed 4–29–09; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8899–1]
American Recovery and Reinvestment
Act of 2009 (Recovery Act) Addendum
to Supplemental Funding for
Brownfields Revolving Loan Fund
(RLF) Grantees
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA published a notice on
April 10, 2009 regarding plans to make
available approximately $40 million in
Recovery Act funding to supplement
Revolving Loan Fund capitalization
grants previously awarded
competitively under section 104(k)(3) of
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA). The purpose of this
notice is to notify eligible RLF grantees
that Supplemental Funding for
Brownfields RLF grantees provided
under the April 10, 2009 notice will be
subject to the Buy American provisions
for activities defined as infrastructure by
the Agency.
DATES: This action is effective April 30,
2009.
FOR FURTHER INFORMATION CONTACT: Debi
Morey, U.S. EPA, Office of Solid Waste
and Emergency Response, Office of
Brownfields and Land Revitalization,
(202) 566–2735 or the appropriate
Brownfields Regional Contact.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2009, President
Barack Obama signed the American
Recovery and Reinvestment Act of 2009
(Pub. L. No. 111–05) (Recovery Act).
EPA received $100 million in Recovery
Act appropriations for the CERCLA
104(k) Brownfields Program of which
25% must be used at brownfields sites
contaminated with petroleum. The
Agency has allocated approximately $40
million of Recovery Act funds for
supplemental funding of current RLF
grantees as authorized by CERCLA
104(k)(4).
Title XVI, section 1605 of the
Recovery Act, (‘‘Buy American’’)
prohibits the use of Recovery Act funds
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Sfmt 4703
for projects involving ‘‘the construction,
alteration, maintenance or repair of a
public building or public work unless
all of the iron, steel, and manufactured
goods used in the project are produced
in the United States’’ unless certain
specified exceptions apply. OMB has
issued regulations at Subpart B of 2 CFR
Part 276 implementing the Recovery Act
Buy American provision. It is possible
that a limited amount of RLF
supplemental funding will be used
directly by non-federal governmental
entity borrowers or subgrantees for
projects that have a principal purpose of
installing concrete or asphalt (or similar
material) caps to remediate
contamination on brownfields on a
public building or public work, as
defined at 2 CFR 176.140(a), or
constructing alternative drinking water
systems as part of the remedy at a
brownfields site. These caps constitute
an engineering control to enclose and
protect contamination from migration
and the risk of exposure. Construction
of alternate drinking water systems by a
non-federal governmental entity with
RLF supplemental funding would be a
public work under 2 CFR 176.140(a).
EPA considers loans and subgrants that
have a principal purpose of carrying out
of these types of activities to be
infrastructure investments for the
purposes of the certification and
reporting requirements of Title XV,
sections 1511 and 1512 of the Recovery
Act and implementing regulations at 2
CFR 176.50. If an RLF grantee is
requesting supplemental funding for a
project which requires a Buy American
Act determination (i.e., a cap that will
be directly incorporated into a public
building or public work) and the grantee
intends to use other than American
steel, iron or manufactured goods, the
grantee must request an advance
determination or provide the necessary
information in their request for RLF
supplemental funding.
Please note that in accordance with 2
CFR 176.140(a), remediation activities
conducted with RLF supplemental
funds by private sector developers, nonprofit organizations (except multi-State,
regional or interstate entities which
have governmental functions) or other
non-governmental borrowers or
subgrantees, and tribes are not public
buildings or public works for the
purposes of the Buy American provision
of the Recovery Act as implemented at
Subpart B of 2 CFR Part 176. EPA does
not consider remediation activities
conducted with RLF supplemental
funds by private sector developers, nonprofit organizations (except multi-State,
regional or interstate entities which
E:\FR\FM\30APN1.SGM
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Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
have governmental functions) or other
non-governmental borrowers or
subgrantees to be infrastructure
investments for the purposes of the
certification and reporting requirements.
Required Use of American Iron, Steel,
and Manufactured Goods—Section
1605 of the American Recovery and
Reinvestment Act of 2009
(a) Definitions. ‘‘Manufactured good,’’
‘‘public building and public work,’’ and
‘‘steel,’’ as used in this notice, are
defined in the 2 CFR 176.140.
(b) Requests for determinations of
inapplicability. A prospective applicant
requesting a determination regarding the
inapplicability of section 1605 of the
Recovery Act should submit the request
to the award official in time to allow a
determination before submission of
applications or proposals. The
prospective applicant shall include the
information and applicable supporting
data required by paragraphs (c) and (d)
of the award term and condition at 2
CFR 176.140 in the request. If an
applicant has not requested a
determination regarding the
inapplicability of 1605 of the Recovery
Act before submitting its application or
proposal, or has not received a response
to a previous request, the applicant shall
include the information and supporting
data in the application or proposal.
(c) Evaluation of project proposals.
If the Federal government determines
that an exception based on unreasonable
cost of domestic iron, steel, and/or
manufactured goods applies, the Federal
Government will evaluate a project
requesting exception to the
requirements of section 1605 of the
Recovery Act by adding to the estimated
total cost of the project 25 percent of the
project cost, if foreign iron, steel, or
manufactured goods are used in the
project based on unreasonable cost of
comparable manufactured domestic
iron, steel, and/or manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes
foreign iron, steel, and/or manufactured
goods not listed by the Federal
Government at paragraph (b)(2) of the
award term and condition at 2 CFR
176.140, the applicant also may submit
an alternate proposal based on use of
equivalent domestic iron, steel, and/or
manufactured goods.
(2) If an alternate proposal is
submitted, the applicant shall submit a
separate cost comparison table prepared
in accordance with paragraphs (c) and
(d) of the award term and condition at
2 CFR 176.140 for the proposal that is
based on the use of any foreign iron,
steel, and/or manufactured goods for
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15:35 Apr 29, 2009
Jkt 217001
which the Federal Government has not
yet determined an exception applies.
(3) If the Federal government
determines that a particular exception
requested in accordance with paragraph
(b) of the award term and condition at
2 CFR 176.140 does not apply, the
Federal Government will evaluate only
those proposals based on use of the
equivalent domestic iron, steel, and/or
manufactured goods, and the applicant
shall be required to furnish such
domestic items.
Notice of Required Use of American
Iron, Steel, and Manufactured Goods
(Covered Under International
Agreements)—Section 1605 of the
American Recovery and Reinvestment
Act of 2009
(a) Definitions. ‘‘Designated country
iron, steel, and/or manufactured goods,’’
‘‘foreign iron, steel, and/or
manufactured good,’’ ‘‘manufactured
good,’’ ‘‘public building and public
work,’’ and ‘‘steel,’’ as used in this
provision, are defined in 2 CFR
176.160(a).
(b) Requests for determinations of
inapplicability. A prospective applicant
requesting a determination regarding the
inapplicability of section 1605 of the
Recovery Act should submit the request
to the award official in time to allow a
determination before submission of
applications or proposals. The
prospective applicant shall include the
information and applicable supporting
data required by paragraphs (c) and (d)
of the award term and condition at 2
CFR 176.160 in the request. If an
applicant has not requested a
determination regarding the
inapplicability of 1605 of the Recovery
Act before submitting its application or
proposal, or has not received a response
to a previous request, the applicant shall
include the information and supporting
data in the application or proposal.
(c) Evaluation of project proposals.
If the Federal government determines
that an exception based on unreasonable
cost of domestic iron, steel, and/or
manufactured goods applies, the Federal
Government will evaluate a project
requesting exception to the
requirements of section 1605 of the
Recovery Act by adding to the estimated
total cost of the project 25 percent of the
project cost if foreign iron, steel, or
manufactured goods are used based on
unreasonable cost of comparable
domestic iron, steel, or manufactured
goods.
(d) Alternate project proposals.
(1) When a project proposal includes
foreign iron, steel, and/or manufactured
goods, other than designated country
iron, steel, and/or manufactured goods,
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Fmt 4703
Sfmt 4703
19955
that are not listed by the Federal
Government in this Buy American
notice in the request for applications or
proposals, the applicant may submit an
alternate proposal based on use of
equivalent domestic or designated
country iron, steel, and/or manufactured
goods.
(2) If an alternate proposal is
submitted, the applicant shall submit a
separate cost comparison table prepared
in accordance with paragraphs (c) and
(d) of the award term and condition at
2 CFR 176.160 for the proposal that is
based on the use of any foreign iron,
steel, and/or manufactured goods for
which the Federal Government has not
yet determined an exception applies.
(3) If the Federal government
determines that a particular exception
requested in accordance with paragraph
(b) of the award term and condition at
2 CFR 176.160 does not apply, the
Federal Government will evaluate only
those proposals based on use of the
equivalent domestic or designated
country iron, steel, and/or manufactured
goods, and the applicant shall be
required to furnish such domestic or
designated country items.
Statutory and Executive Order
Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
OMB review. Because this grant action
is not subject to notice and comment
requirements under the Administrative
Procedures Act or any other statute, it
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) or
Sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104–4). In addition, this action
does not significantly or uniquely affect
small governments. Although this action
does not generally create new binding
legal requirements, where it does, such
requirements do not substantially and
directly affect Tribes under Executive
Order 13175 (63 FR 67249, November 9,
2000). Although this grant action does
not have significant Federalism
implications under Executive Order
13132 (64 FR 43255, August 10, 1999),
EPA consulted with states in the
development of these grant guidelines.
This action is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), because it is
not a significant regulatory action under
Executive Order 12866. This action does
not involve technical standards; thus,
the requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
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19956
Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The Congressional
Review Act, 5 U.S.C. 801 et seq.,
generally provides that before certain
actions may take effect, the agency
promulgating the action must submit a
report, which includes a copy of the
action, to each House of the Congress
and to the Comptroller General of the
United States. Since this grant action,
when finalized, will contain legally
binding requirements, it is subject to the
Congressional Review Act, and EPA will
submit its final action in its report to
Congress under the Act.
Dated: April 24, 2009.
Myra Blakely,
Acting Director, Office of Brownfields and
Land Revitalization, Office of Solid Waste
and Emergency Response.
[FR Doc. E9–9964 Filed 4–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0401; FRL–8409–5]
Pesticide Product Registrations;
Conditional Approval
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces
Agency approval of applications
submitted by Syngenta Seeds,
Incorporated – Field Crops – NAFTA, to
conditionally register the pesticide
products, MIR162 Maize, Bt11 x MIR162
Corn, and Bt11 x MIR162 x MIR604
Corn, containing a new active ingredient
not included in any previously
registered products pursuant to the
provisions of section 3(c)(7)(C) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
FOR FURTHER INFORMATION CONTACT:
Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8920; e-mail address:
kausch.jeannine@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
VerDate Nov<24>2008
15:35 Apr 29, 2009
Jkt 217001
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0401. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
In accordance with section 3(c)(2) of
FIFRA, a copy of the approved label, the
list of data references, the data and other
scientific information used to support
registration, except for material
specifically protected by section 10 of
FIFRA, are also available for public
inspection. Requests for data must be
made in accordance with the provisions
of the Freedom of Information Act and
must be addressed to the Freedom of
Information Office (A–101), 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001. Such requests should:
Identify the product name and
registration number and specify the data
or information desired.
Electronic versions of the fact sheet
and Biopesticide Regulatory Action
Document are available at https://
www.epa.gov/oppbppd1/biopesticides/
pips/pip_list.htm.
2. Electronic access. You may access
this Federal Register document
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electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. Did EPA Conditionally Approve the
Application?
A conditional registration may be
granted under section 3(c)(7)(C) of
FIFRA for a new active ingredient where
certain data are lacking, on condition
that such data are received by the end
of the conditional registration period
and do not meet or exceed the risk
criteria set forth in 40 CFR 154.7; that
use of the pesticide during the
conditional registration period will not
cause unreasonable adverse effects; and
that use of the pesticide is in the public
interest. The Agency has considered the
available data on the risks associated
with the proposed use of Bacillus
thuringiensis Vip3Aa20 insecticidal
protein and the genetic material for its
production (via elements of vector
pNOV1300) in Event MIR162 maize
(OECD Unique Identifier SYN-IR162-4),
and information on social, economic,
and environmental benefits to be
derived from such use. Specifically, the
Agency has considered the nature and
its pattern of use, application methods
and rates, and level and extent of
potential exposure. Based on these
reviews, the Agency was able to make
basic health and safety determinations
which show that use of Bacillus
thuringiensis Vip3Aa20 insecticidal
protein and the genetic material for its
production (via elements of vector
pNOV1300) in Event MIR162 maize
(OECD Unique Identifier SYN-IR162-4)
during the period of conditional
registration will not cause any
unreasonable adverse effect on the
environment, and that use of the
pesticide is, in the public interest.
Consistent with section 3(c)(7)(C) of
FIFRA, the Agency has determined that
these conditional registrations are in the
public interest. Use of the pesticides are
of significance to the user community,
and appropriate labeling, use directions,
and other measures have been taken to
ensure that use of the pesticides will not
result in unreasonable adverse effects to
man and the environment.
III. Conditional Approval
EPA issued a notice, published in the
Federal Register of July 23, 2008 (73 FR
42799) (FRL–8365–4), which announced
that Syngenta Seeds, Incorporated –
Field Crops – NAFTA, P.O. Box 12257,
3054 Cornwallis Road, Research
Triangle Park, NC 27709–2257, had
submitted applications to conditionally
register the pesticide products, MIR162
Maize, Bt11 x MIR162 Corn, and Bt11 x
MIR162 x MIR604 Corn, Plant-
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]]>Agencies
[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19954-19956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9964]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8899-1]
American Recovery and Reinvestment Act of 2009 (Recovery Act)
Addendum to Supplemental Funding for Brownfields Revolving Loan Fund
(RLF) Grantees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA published a notice on April 10, 2009 regarding plans to
make available approximately $40 million in Recovery Act funding to
supplement Revolving Loan Fund capitalization grants previously awarded
competitively under section 104(k)(3) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA). The
purpose of this notice is to notify eligible RLF grantees that
Supplemental Funding for Brownfields RLF grantees provided under the
April 10, 2009 notice will be subject to the Buy American provisions
for activities defined as infrastructure by the Agency.
DATES: This action is effective April 30, 2009.
FOR FURTHER INFORMATION CONTACT: Debi Morey, U.S. EPA, Office of Solid
Waste and Emergency Response, Office of Brownfields and Land
Revitalization, (202) 566-2735 or the appropriate Brownfields Regional
Contact.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2009, President Barack Obama signed the American
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-05) (Recovery
Act). EPA received $100 million in Recovery Act appropriations for the
CERCLA 104(k) Brownfields Program of which 25% must be used at
brownfields sites contaminated with petroleum. The Agency has allocated
approximately $40 million of Recovery Act funds for supplemental
funding of current RLF grantees as authorized by CERCLA 104(k)(4).
Title XVI, section 1605 of the Recovery Act, (``Buy American'')
prohibits the use of Recovery Act funds for projects involving ``the
construction, alteration, maintenance or repair of a public building or
public work unless all of the iron, steel, and manufactured goods used
in the project are produced in the United States'' unless certain
specified exceptions apply. OMB has issued regulations at Subpart B of
2 CFR Part 276 implementing the Recovery Act Buy American provision. It
is possible that a limited amount of RLF supplemental funding will be
used directly by non-federal governmental entity borrowers or
subgrantees for projects that have a principal purpose of installing
concrete or asphalt (or similar material) caps to remediate
contamination on brownfields on a public building or public work, as
defined at 2 CFR 176.140(a), or constructing alternative drinking water
systems as part of the remedy at a brownfields site. These caps
constitute an engineering control to enclose and protect contamination
from migration and the risk of exposure. Construction of alternate
drinking water systems by a non-federal governmental entity with RLF
supplemental funding would be a public work under 2 CFR 176.140(a). EPA
considers loans and subgrants that have a principal purpose of carrying
out of these types of activities to be infrastructure investments for
the purposes of the certification and reporting requirements of Title
XV, sections 1511 and 1512 of the Recovery Act and implementing
regulations at 2 CFR 176.50. If an RLF grantee is requesting
supplemental funding for a project which requires a Buy American Act
determination (i.e., a cap that will be directly incorporated into a
public building or public work) and the grantee intends to use other
than American steel, iron or manufactured goods, the grantee must
request an advance determination or provide the necessary information
in their request for RLF supplemental funding.
Please note that in accordance with 2 CFR 176.140(a), remediation
activities conducted with RLF supplemental funds by private sector
developers, non-profit organizations (except multi-State, regional or
interstate entities which have governmental functions) or other non-
governmental borrowers or subgrantees, and tribes are not public
buildings or public works for the purposes of the Buy American
provision of the Recovery Act as implemented at Subpart B of 2 CFR Part
176. EPA does not consider remediation activities conducted with RLF
supplemental funds by private sector developers, non-profit
organizations (except multi-State, regional or interstate entities
which
[[Page 19955]]
have governmental functions) or other non-governmental borrowers or
subgrantees to be infrastructure investments for the purposes of the
certification and reporting requirements.
Required Use of American Iron, Steel, and Manufactured Goods--Section
1605 of the American Recovery and Reinvestment Act of 2009
(a) Definitions. ``Manufactured good,'' ``public building and
public work,'' and ``steel,'' as used in this notice, are defined in
the 2 CFR 176.140.
(b) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
section 1605 of the Recovery Act should submit the request to the award
official in time to allow a determination before submission of
applications or proposals. The prospective applicant shall include the
information and applicable supporting data required by paragraphs (c)
and (d) of the award term and condition at 2 CFR 176.140 in the
request. If an applicant has not requested a determination regarding
the inapplicability of 1605 of the Recovery Act before submitting its
application or proposal, or has not received a response to a previous
request, the applicant shall include the information and supporting
data in the application or proposal.
(c) Evaluation of project proposals.
If the Federal government determines that an exception based on
unreasonable cost of domestic iron, steel, and/or manufactured goods
applies, the Federal Government will evaluate a project requesting
exception to the requirements of section 1605 of the Recovery Act by
adding to the estimated total cost of the project 25 percent of the
project cost, if foreign iron, steel, or manufactured goods are used in
the project based on unreasonable cost of comparable manufactured
domestic iron, steel, and/or manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, and/or
manufactured goods not listed by the Federal Government at paragraph
(b)(2) of the award term and condition at 2 CFR 176.140, the applicant
also may submit an alternate proposal based on use of equivalent
domestic iron, steel, and/or manufactured goods.
(2) If an alternate proposal is submitted, the applicant shall
submit a separate cost comparison table prepared in accordance with
paragraphs (c) and (d) of the award term and condition at 2 CFR 176.140
for the proposal that is based on the use of any foreign iron, steel,
and/or manufactured goods for which the Federal Government has not yet
determined an exception applies.
(3) If the Federal government determines that a particular
exception requested in accordance with paragraph (b) of the award term
and condition at 2 CFR 176.140 does not apply, the Federal Government
will evaluate only those proposals based on use of the equivalent
domestic iron, steel, and/or manufactured goods, and the applicant
shall be required to furnish such domestic items.
Notice of Required Use of American Iron, Steel, and Manufactured Goods
(Covered Under International Agreements)--Section 1605 of the American
Recovery and Reinvestment Act of 2009
(a) Definitions. ``Designated country iron, steel, and/or
manufactured goods,'' ``foreign iron, steel, and/or manufactured
good,'' ``manufactured good,'' ``public building and public work,'' and
``steel,'' as used in this provision, are defined in 2 CFR 176.160(a).
(b) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
section 1605 of the Recovery Act should submit the request to the award
official in time to allow a determination before submission of
applications or proposals. The prospective applicant shall include the
information and applicable supporting data required by paragraphs (c)
and (d) of the award term and condition at 2 CFR 176.160 in the
request. If an applicant has not requested a determination regarding
the inapplicability of 1605 of the Recovery Act before submitting its
application or proposal, or has not received a response to a previous
request, the applicant shall include the information and supporting
data in the application or proposal.
(c) Evaluation of project proposals.
If the Federal government determines that an exception based on
unreasonable cost of domestic iron, steel, and/or manufactured goods
applies, the Federal Government will evaluate a project requesting
exception to the requirements of section 1605 of the Recovery Act by
adding to the estimated total cost of the project 25 percent of the
project cost if foreign iron, steel, or manufactured goods are used
based on unreasonable cost of comparable domestic iron, steel, or
manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, and/or
manufactured goods, other than designated country iron, steel, and/or
manufactured goods, that are not listed by the Federal Government in
this Buy American notice in the request for applications or proposals,
the applicant may submit an alternate proposal based on use of
equivalent domestic or designated country iron, steel, and/or
manufactured goods.
(2) If an alternate proposal is submitted, the applicant shall
submit a separate cost comparison table prepared in accordance with
paragraphs (c) and (d) of the award term and condition at 2 CFR 176.160
for the proposal that is based on the use of any foreign iron, steel,
and/or manufactured goods for which the Federal Government has not yet
determined an exception applies.
(3) If the Federal government determines that a particular
exception requested in accordance with paragraph (b) of the award term
and condition at 2 CFR 176.160 does not apply, the Federal Government
will evaluate only those proposals based on use of the equivalent
domestic or designated country iron, steel, and/or manufactured goods,
and the applicant shall be required to furnish such domestic or
designated country items.
Statutory and Executive Order Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore not subject to OMB review. Because
this grant action is not subject to notice and comment requirements
under the Administrative Procedures Act or any other statute, it is not
subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or
Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104-4). In addition, this action does not significantly or
uniquely affect small governments. Although this action does not
generally create new binding legal requirements, where it does, such
requirements do not substantially and directly affect Tribes under
Executive Order 13175 (63 FR 67249, November 9, 2000). Although this
grant action does not have significant Federalism implications under
Executive Order 13132 (64 FR 43255, August 10, 1999), EPA consulted
with states in the development of these grant guidelines. This action
is not subject to Executive Order 13211, ``Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866. This action does not
involve technical standards; thus, the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
[[Page 19956]]
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that
before certain actions may take effect, the agency promulgating the
action must submit a report, which includes a copy of the action, to
each House of the Congress and to the Comptroller General of the United
States. Since this grant action, when finalized, will contain legally
binding requirements, it is subject to the Congressional Review Act,
and EPA will submit its final action in its report to Congress under
the Act.
Dated: April 24, 2009.
Myra Blakely,
Acting Director, Office of Brownfields and Land Revitalization, Office
of Solid Waste and Emergency Response.
[FR Doc. E9-9964 Filed 4-29-09; 8:45 am]
BILLING CODE 6560-50-P
