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15922 Federal Register / Vol , 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations
<br /> err a rrrrrr �rr�r
<br /> agreement project procurement costs , for the purpose of meeting MBE or WBE Subpart M-[Amended]
<br /> which include the match portion of the objectives ,
<br /> project costs , if any . For recipients of ( 2 ) The MBE or WBE must itself own ■ 13 , The authority citation for part 35
<br />,
<br /> financial assistance agreements that and operate at least one fully licensed , subpart M , continues to reed as follows :
<br /> capitalize revolving loan programs , the insured , and operational truck used on
<br /> total amount is the total procurement the contract. Authority! 4.2 U .S . C. 9617{e ) ; sec . . , E.O .
<br /> dollars in the amount of. identified loans 12580 , 52 FR 2823 , 3 CFR, 1987 Cempp .
<br /> Appendix A to Part 33-Term and 193 ,
<br /> equal to the capitalization grant amount.
<br /> p Condition § 35.4170 [Amended]
<br /> (b) Ineli iproject I ect costs. If all
<br /> project costs attributable to MBE and Each procurement contract signed by an
<br /> WBE participation are not eligible for EPA financial assistance agreement recipient . ■ 14 , Section 35 .4170 (b) is removed and
<br /> funding under the EPA financial including those for an identified loan under reserved ,
<br /> assistance agreement. the recipient may an EPA financial assistance agreement
<br /> choose to report the percentage of MBE capitalizing a revolving loan fund . must § 35.4205 [Amended]
<br /> and WBE participation based on the include the following term and condition:
<br /> The contractor shall not discriminate on ■ 15 . Section 35 .4205 (8) is removed .
<br /> total eligible and non -eligible costs of the basis of race , color , national origin or sex
<br /> theproject . in the performance of this contract. The § 35.4240 [Amended]
<br /> ( c Joint ventures . For joint ventures , contractor shall carry out applicable
<br /> MBE and WBE participation consists of requirements of 40 CFR part 33 in the award ■ 16 . Section 35 . 4240(e) is removed and
<br /> the portion of the dollar amount of the and administration of contracts awarded reserved ,
<br /> Joint venture attributable to the MBE or under EPA financial assistance agreements .
<br /> WBE . If an MBE ' s or WBE 's risk of loss , Failure by the contractor to carry out these Subpart O-[Amended]
<br /> control or management responsibilities requirements is a material breach of this
<br /> is not commensurate with its share of contract which may result in the termination ■ 17 The authority citation for part 35
<br />,
<br /> the profit , the Agency may direct an of this contract or other legally available
<br /> adjustment in the percentage of MBE or
<br /> remedies . subpart Q , continues to read as follows :
<br /> WBE participation . PART 35-[AMENDED] Authority: 42 U.S .C. 9601 et seq ,
<br /> ( d) Central Purchasing or § 35.6015 [Amended]
<br /> Procurement Centers . A recipient must Subpart E-[Amended]
<br /> report MBE and WBE participation from ■ 18 . Section 35 . 6015 (a ) is amended by
<br /> its central purchasing or procurement ■ 6 , The authority citation for part 35 , removing the definitions for "Minority
<br /> centers . subpart E , continues to read as follows ; Business Enterprise (MBE ) " and
<br /> (e) Brokers . A recipient may not count Authority: Secs . 109(b) , 201 through 205 , "Women 's Business Enterprise (WBE) " .
<br /> expenditures to a MBE or WBE that acts 207 . 208 (dL 210 through 212 , 215 through
<br /> merely as a broker or passive conduit of 217 , 304(d) ( 3 ) , 313 , 501 , 511 , and 516(6) of § 35,6550 [Amended]
<br /> funds , without performing, managing , or the Clean Water Act , as amended, 33 U.S . C.
<br /> supervising the work of its contract or 1251 et seq . ■ 19 . Section 35 . 6550{a)(8 ) is removed.
<br /> subcontract in a manner consistent with and reserved.
<br /> normal business practices . § 35.936-7 [Removed]
<br /> p o ■ 7 . Section 35 .936-7 is removed . § 35.6580 [Amended]
<br /> ( 1 ) Presumption . If 50 /o or more of the
<br /> total dollar amount of a MBE or 1ABE ' s § 35,9384 [Amended] ■ 20 . Section 35 . 6580 is removed ,
<br /> prime contract is subcontracted to a
<br /> non-DBE , the MBE or WBE prime ■ 8 . Section 35 . 938-9 is amended by § 35.6610 [Amended]
<br /> contractor will be presumed to be a removing and reserving paragraph
<br /> broker , and no MBE or WBE (b)( 2 ) . ■ 21 . Section 35 .6610(c) is removed and
<br /> participation may be reported , reserved ,
<br /> (2) Rebuttal. The MBE or WBE prime Subpart K-[Amended]
<br /> § 35.6665 [Removed]
<br /> contractor may rebut this presumption n 9 . The authority citation for part 35 ,
<br /> by demonstrating that its actions area 22 , Section 35 . 6665 is removed .
<br /> consistent with normal practices for
<br /> prime contractors in its business and Authority: Sacs . 205 (m) , 501 (a) and title VI PART 40-[Amended]
<br /> of the Clean Water Act , as amended, 42
<br /> that it will actively perform , manage U.S .C . 1285 (m) , 33 U . S .C . 1361 (a) , 33 U , S . C*
<br /> and supervise the work under the 1381 --1387 . ■ 21 . The authority citation for part 40
<br /> contract. is revised to read as follows:
<br /> (f) MBE or WBE Truckers/Haulers. A § 35 ,3145 [Amended] Authority: 7 U . S .C. 136 at seq. ; 15 U . S .C.
<br /> recipient may count expenditures to an ■ 1. 0 , Section 35 . 3145 is amended by 2609 et seq. , 33 U. S .C. 1254 et seq. and 1443
<br />;
<br /> MBE or WBE trucker/hauler only if the removing paragraphs ( d) and (e) . 42 L' .S . C. 241 at seq . , 300f et seq . , 1857
<br /> et
<br /> MBE or WBE trucker/hauler is seq. , 1. 891 of seq . , and 5901 et seq .
<br /> performing a commercially useful Subpart L-[Amended]
<br /> function , The following factors should § 40.145-3 [Amended]
<br /> be used in determining whether an MBE ■ 11 . The authority citation for part 35 ,
<br /> or WBE trucker/hauler is performing a subpart L , continues to read as follows : ■ 22 . Section 40 . 145-3 ( c) is removed
<br /> commercially useful function : Authoritv: Section 1452 of the Safe and reserved .
<br /> ( 1 ) The MBE or WBE must be Drinking Water Act, as amended , 42 U . 5 .C. [ FR Doc. E8-6003 Filed 3-25-08 ; 8 :45 amt
<br /> responsible for the management and 300j -121
<br /> supervision of the entire trucking/ BILLING CODE 5560-GO-P
<br /> hauling operation for which it is § 35.3575 [Amended]
<br /> responsible on e particular contract , and a 12 , Section 35 . 3575 ( d) is removed and
<br /> there cannot be a contrived arrangement reserved .
<br />
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