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Federal Register. / Vol . 73 , No . 059 / Wednesday , March 26 , 2008 / Rules and Regulations 15905
<br /> (202 ) 566-1968 , by e-mail at authorized programs , including grants , loans availability analyses showing the
<br /> freeman . cassandroQepa.gov, or by fax at and. contracts for wastewater treatment and availability of MBEs or WBEs in the
<br /> ( 202 ) 566-0266 . Both can be reached by leaking underground storage tanks grants , be financial assistance recipient' s relevant
<br /> mail to OSDBU, U . S . Environmental made available to business concerns or other
<br /> Protection Agency , 1200 Pennsylvania and economicaanizations lly disadvantaged ined or controlled dividuals do not opera buyinghic
<br /> aagse #. These goals
<br /> Avenue , NW. , mail code 1230T, 2 . Using the "Six Positive E orfs " or
<br /> Washington , DC 20460 . (within. the meaning of section 8 (a) (5) and (6) g ff
<br /> of the Small Business Act (15 U. S .C. 637(a) (5) "Six Affirmative Steps ": The "Six
<br /> SUPPLEMENTARY INFORMATION: The and (6)) , including historically black colleges Positive Efforts " or " Six Affirmative
<br /> contents of this final rule are listed in and universities . For purposes of this section , Steps " are measures designed to ensure
<br /> the following outline : economically and socially disadvantaged MBEs and WBEs are considered in a
<br /> Contents of the Final Rule individuals shall be deemed to include financial assistance recipient' s
<br /> women* * ; and procurement practices , and they contain
<br /> 1. General information 2 . Public Law 101-549 , Title X of the treasures a recipient may undertake to
<br /> A. Does This Rule Apply to Mel Clean Air Act Amendments of 1990 (42 make procurements more open to MBEs
<br /> B , What are the Statutory Authorities for U , S .C, 7601 note) ("EPA's 10 % and WBEs .
<br /> this Final Rule ? statute ") which states : 3 . Re orcin Accom lishments: Under
<br /> Il. Background � P g p
<br /> Ill. Overview of Final Rule In providing for anv research relating to the the current MBE/WBE program,
<br /> W. Summary of Response to Public requirements of the amendments made by the recipients of EPA financial assistance
<br /> Comments Clean Air Act Amendments which use funds agreements are required to report on
<br /> V. Statutory and Executive Order Reviews of the Environmental Protection Agency, the their accomplishments with the
<br /> A. Executive Order 12866 : Regulatory Administrator of the Environmental program using EPA Form 5700-52A.
<br /> Planning and Review Protection Agency shall, to the extent Reporting is the tool we use to assess
<br /> B . Paperwork Reduction Act practicable , require that not less than 1 D whether or not the program is effective
<br /> C. Regulatory Flexibility Act percent of the total Federal funding for such and actually translating into increased
<br /> D. Unfunded Mandates Reform Act research will be made available to opportunities for MBEs and WBEs .
<br /> E. Executive Order 13132: Federalism disadvantaged business concerns . Nothing in EPA' s MBE/WBE Program is currentl
<br /> F . Executive Order 13175 : Consultation this title shall permit or require the use of g Y
<br /> and Coordination With Indian Tribal quotas or a requirement that has the effect o£ implemented through :
<br /> Governments a quota in determining eligibility ( 1 ) Existing MBE and WBE provisions
<br /> G. Executive Order 13045 : Protection of Other legal authorities and Executive scattered throughout 40 CFR parts 30 ,
<br /> Children From Environmental Health Or31 , 35 and 40 ;
<br /> and Safety Risks Orders regarding this final rule include (2 ) Grant conditions ; and
<br /> H. Executive Order 13211 : Actions That Public Law 99--499 , the Superfund ( 3 ) The Agency ' s "Guidance for the
<br /> Significantly Affect Energy Supply , Amendments and Reauthorization Act Utilization of Small , Minority , and
<br /> Distribution, or Use of 1986 ; Public Law 100-590 , the Small Women's Business Enterprises in
<br /> 1. National Technology Transfer and Business Administration Assistance Agreements . "
<br /> Advancement Act of 1995 Reauthorization and Amendment Act of In 1995 , the Supreme Court' s decision
<br /> J. Executive Order 12898 : Federal Actions 1988 ; Executive Order 12138 , " Creating in Adarand Constructors, Inc. v .
<br /> To Address Environmental Justice in a National Women ' s Business Enterprise Federico Pena , Secretary of
<br /> Minority Populations and Low -income Policy and Prescribing Arrangements for Transportation , 515 U . S , 200
<br /> Populations Developing, Coordinating and ( " Adarand ") , extended strict judicial
<br /> K. Congressional Review Act
<br /> Implementing a National Program for scrutiny to federal affirmative action
<br /> 1. General Information Women' s Business Enterprise , " issued programs that use racial or ethnic
<br /> A . Does This Rule Apply to Me ? May 18 , 1979 ; Executive Order 11625 , criteria as a basis for decisionmaking . In
<br /> "Prescribing Additional Arrangements other words , such programs must be
<br /> If you are a recipient of an EPA for Developing and Coordinating a based on a compelling governmental
<br /> financial assistance agreement , or an National Program for Minority Business interest , for example , remedying the
<br /> entity receiving an identified loan under Enterprise , " issued October 13 , 1971 ; effects of discrimination , and must be
<br /> a financial assistance agreement and Executive Order 12432 , " Minority narrowly tailored to accomplish that
<br /> capitalizing a revolving loan fund, or a Business Enterprise Development, " interest.
<br /> minority -owned , woman-ovrred , or issued July 14 , 1983 . Following the Adarand decision , in
<br /> small business , this rule may affect you . Ba1996 , the Department of Justice (DOJ)
<br /> If you have any questions regarding the Background began a review of affirmative action
<br /> applicability .of this action to a EPA 's current Minority Business programs in the Federal Government. In
<br /> particular entity , consult the person Enterprise/Woman-owned Business response to this review, the Department
<br /> listed in the preceding FOR FURTHER Enterprise ( " MBE/VIBE " ) program has of Transportation (DOT) , whose DBE
<br /> INFORMATION CONTACT section , three major components designed to program mirrored EPA' s MBE/WBE
<br /> ensure that minority and women- owned program , revised its program for
<br /> B. What Are the Statutory Authorities
<br /> for This Final Rule? businesses have the opportunity to participation of DBEs in procurements
<br /> participate in procurements funded by under DOT's financial assistance
<br /> EPA 's primary statutory authorities EPA financial assistance agreements , agreements to comply with the Adarand
<br /> for this final rule are : Those components are as follows : decision (See 64 FR 5096 ) . This final
<br /> 1 . Public Law 102-389 (42 U. S. C . 1 . Negotiating Fair Share Goals : The rule reflects EPA 's efforts to similarly
<br /> 4370d) , a 1993 appropriations act current MBE/WBE program requires all comply .
<br /> ("EPA 's 8 % statute ") , which provides : recipients of EPA financial assistance Remedying discrimination is
<br /> The Administrator of the Environmental agreements to negotiate goals with the recognized as a compelling government
<br /> Protection Agency shall , hereafter , to the Agency for the utilization of MBEs / interest, and. this rule is promulgated on
<br /> fullest extent possible, ensure that at least 8 WBEs for procurements funded by EPA the understanding that the statutory
<br /> per centum of Federal funding for prime and financial assistance agreements . The provisions authorizing its adoption were
<br /> subcontracts awarded in support of goals are based on disparity studies or enacted for that remedial purpose . This
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