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15908 Federal Register / Val . 73 , No . 59 / Wednesda-v , March 261 2008 / Rules and Regulations
<br /> and non-MBE/WBEs . The bidders list must in federally assisted contractin as well
<br /> be kept until the grant project period has g � (EPA Farm 6100— ih) (Concerns owned
<br /> as policy concerns , This rule also affects by Native Hawaiian Organizations } , and
<br /> expired and the recipient is no longer
<br /> receiving EPA funding under the grant. For a wide variety of parties , including all the EPA DBE Certification Application
<br /> entities receiving identified loans , the EPA financial assistance programs , and (EPA Form 6100- 1i ) (Concerns Owned
<br /> bidders list must be kept until the project the DBE and non-DBE contractors that by Community Development
<br /> period for the identified loan has ended. The perform work under them. As a Corporations ) , as applicable , would be
<br /> following information must be obtained from "significant regulatory action , " EPA required to be completed by an entity
<br /> all prime and subcontractors : submitted this action to the Office of seeking to be counted as a minority
<br /> ( 1 ) Entity 's name with point of contact.; Management and Budget ( OMB ) for business enterprise (MBE) or women' s
<br /> ( 2 ) Entity ' s mailing address , telephone review under EO 12866 and any business enterprise (WBE) under EPA 's
<br /> number , and e-mail address ; changes made in response to OMB DBE Program , which cannot get certified
<br /> ( 3 ) The procurement on which the entity recommendations have been g
<br /> bid or quoted , and when ; and as an MBE or WBE by the SBA or DOT
<br /> (4) Entity 's status as an MBE/WBE or non- documented in the docket for this under their respective programs or by an
<br /> MBE/WBE, action , Indian. Tribal Government or
<br /> In response to internal concerns Based on currently available independent private organization
<br /> information about costs that may be consistent with EPA's 8 % or 10 %
<br /> regarding the application of the bidders associated with complying withthisstatute as applicable,
<br /> list requirement , we have created an rule (e.g. , costs to obtain MBE or WBE Responses to the collection of
<br /> exemption to this provision. The certification ) , EPA believes that this rule information will be mandatory . EPA 's
<br /> exemption found at § 33 , 501 ( c ) is as will not have an annual effect on the legal authorities for the DBE Program
<br /> follows : economy of $ 100 million or more . are Public Law 102-389 , a 1993
<br /> A recipient of an EPA financial assistance Therefore , EPA did not prepare a appropriations act (42 U , S , C . 4370d)
<br /> agreement in the amount of 5250,000 or less regulatory impact statement for this (EPA ' s 8 % statute ) , and Public Law
<br /> for any single assistance agreement , or of rule . 101 -549 , Title X of the Clean Air Act
<br /> more than one financial assistance agreement
<br /> with a combined total of 5250 .000 or less in B. Paperwork Reduction Act Amendments of 1990 (42 U . S .C. 7601
<br /> any one fiscal year , is exempt from the The Office of Management and Budget note ) (EPA ' s 10 % statute) .
<br /> paragraph (b) of this section requirement to g g Other legal authorities and Executive
<br /> create and maintain a bidders list. Also , a (OMB ) has approved the information Orders include Public Law 99-499 , the
<br /> recipient under the C bidders
<br /> 1lWt. Al or collection requirements contained in Superfund Amendments and
<br /> this rule under the provisions of the Reauthorization Act of 1986 ; Public Law
<br /> BCRLF Program is not required to apply the
<br /> paragraph (b) of this section bidders list Paperwork Reduction Act, 44 U ,S , C 100-590 , the Small Business
<br /> requirement of this subpart to an entity 3501 et seq . and has assigned OMB
<br /> 7 Administration. Reauthorization and
<br /> receiving an identified loan in an amount of control number 2090-0030 . Amendment Act of 1988 ; Executive
<br /> $250 , 000 or less . or to an entity receiving This ICR is for the purpose of Order 12138 , " Creating a National
<br /> more than one identified loan with a ensuring that EPA 's statutory DBE Women 's Business Enterprise Policy
<br /> combined total of 5250 ,000 or less in any one procurement goal requirements are and Prescribing Arrangements for
<br /> fiscal year. This exemption is limited to the implemented in harmony with the Developing , Coordinating and
<br /> paragraph (b) of this section bidders list United States Supreme Court's decision Implementing a National Proram for
<br /> W
<br /> requirements of this subpart. in Adarand Constructors, Inc, v . Pena , p ° g
<br /> Women 's Business Enterprise , " issued
<br /> 4 . § 33 . 502—Reporting 115 S . Ct. 2097 ( 1995 ) . May 18 , 1979 ; Executive Order 11625 ,
<br /> In res onse to internal and external The requirements to complete EPA "Prescribing Additional Arrangements
<br /> comments , this section of the rule has Forms 6100-2–DBE Program for Developing and Coordinating a
<br /> Subcontractor Participation Form , National Program
<br /> been revised to require semiannual 6100_3 –DBE Program Subcontractor for Minority Business
<br /> reporting for all recipients who g Enterprise , " issued October 13 , 1971 ;
<br /> currently report on a quarterly basis . All Performance Form , and 6100-4–DBE and Executive Order 12432 , "Minority
<br /> Program Subcontractor Utilization Business Enter r
<br /> recipients who report annually will p iso Development, "
<br /> continue to do so. Form , are intended to prevent any "bait issued July 14 , 1983s
<br /> A section-by-section analysis of the and switch " tactics at the subcontract EPA may make available to the public
<br /> mile , addressing public comments in level by prime contractors which may any information concerning EPA 's DBE
<br /> detail , can be found on the public circumvent the spirit of the DBE Program where the release of which is
<br /> docket for this rule mal he under Program . not prohibited by Federal law or
<br /> Docket ID No . EPA–H¢ng under
<br /> The requirements to complete the regulation , including EPA ' s Confidential
<br /> 0001 , at www.regulations .gov. EPA DBE Certification Application (EPA Business Information regulations at 40
<br /> Form 6100-1a ) ( Sole Proprietorship) , CFR part 2 , subpart B .
<br /> V. Statutory and Executive Order the EPA DBE Certification Application The total labor burden and costs to
<br /> Reviews (EPA Form 6100-1b) (Limited Liability MBEs and WBEs for certification under
<br /> A . Executive Order 12866: Regulatory Company ) , the EPA DBE Certification State , Tribal and Insular Area funding
<br /> p
<br /> Planning and Review Application EPA 6100-1c) programs is estimated to total
<br /> (Partnerships) , the EPA DBE $ 8 , 750 ,300 , with 168 ,275 burden hours
<br /> Under Executive Order (EO) 12866 Certification Application (EPA Form and 6 , 731 MBE and WBE entities
<br /> ( 58 FR 51735 , October 4 , 1993 ) 2 this 6100-1 d) ( Corporations) . the EPA DBE affected for the three-year period of the
<br /> action is a " significant regulatory Certification Application (EPA Form ICR, The estimated annual burden per
<br /> action, " This rule reflects and raises 6100—I6 (Alaska Native Corporations ) , response is 25 hours ; the number of
<br /> legal or policy issues arising out of legal the EPA DBE Certification Application respondents is estimated at 2 , 244 at an
<br /> mandates . This rule has a direct impact (EPA Form 6100-1f) (Tribally Owned average annual labor burden and cost.
<br /> on contracting funded by EPA financial Businesses ) , the EPA DBE Certification per MBE and WBE of $ 1300 . The
<br /> assistance agreements . There is Application (EPA Form 6100--18) average annual burden and costs are
<br /> substantial public interest concerning (Private and Voluntary Organizations ) , estimated by spreading the first year
<br /> programs to ensure nondiscrimination the EPA DBE Certification Application cost over the three-year period (>f the
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