American Recovery and Reinvestment Act of 2009 (Recovery Act) Addendum to Supplemental Funding for Brownfields Revolving Loan Fund (RLF) Grantees, 19954-19956 [E9-9964]

Download as PDF 19954 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 http:// 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 PO 00000 Frm 00026 Fmt 4703 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 30APN1 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 VerDate Nov<24>2008 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, PO 00000 Frm 00027 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 E:\FR\FM\30APN1.SGM 30APN1 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 http:// 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 http:// www.epa.gov/oppbppd1/biopesticides/ pips/pip_list.htm. 2. Electronic access. You may access this Federal Register document PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://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- E:\FR\FM\30APN1.SGM 30APN1

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]


=======================================================================
-----------------------------------------------------------------------

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