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Federal Register / Vol. 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15913
<br /> 1251 et seq. and 1401 at seq. ; 42 U , S .C, 300f Tribal Government) recipient or prime (c) To help remove barriers to the
<br /> et seq. , 6901 et seq. , 7401 et seg. , and 9601. contractor follow the six good faith participation of DBEs in the award of
<br /> et seq. efforts ? contracts under EPA financial assistance
<br /> § 31 .36 [amended] Subpart D-Fair Share Objectives agreements ; and
<br /> ■ 4 . Section 31 . 36 is amended by 33 . 401 What does this subpart require? ( d) To provide appropriate flexibility
<br /> 33.402 Are there special rules for loans to recipients of EPA financial assistance
<br /> removing and reserving paragraph (e) . under EPA financial assistance in establishing and providing
<br /> PART 33-[ADDED3 agreements ? contracting opportunities for DBEs .
<br /> 33 .403 What is a fair share objective?
<br /> R 5 . Part 33 is added as fallaws : 33 .404 When must a recipient negotiate fair § 33.102 When do the requirements of this
<br /> share objectives with EPA? part apply .
<br /> PART 33-PARTICIPATION BY 33 .405 How does a recipient determine its The requirements of this part apply to
<br /> fair share objectives? procurement under EPA financial
<br /> DISADVANTAGED BUSINESS 33.406 M.av a recipient designate a lead assistance agreements performed
<br /> ENTERPRISES IN UNITED STATES agency for fair share objective entirely within the United States ,
<br /> ENVIRONMENTAL PROTECTION negotiation purposes ? whether by a recipient to its prime
<br /> AGENCY PROGRAMS 33 .407 How long do MBE and WBE fair contractor , for constructi
<br /> on, e equipment ,
<br /> share objectives remain in effect? services and supplies ,
<br /> P P
<br /> Subpart A-General Provisions 336408 Maya recipient. use race su and /or pP
<br /> Sec, gender conscious measures as part of this
<br /> § 31103 What do the terms in this part
<br /> 33 . 101 What are the objectives of this part? program? mean?
<br /> 33 . 102 When do the requirements of this 33 , 409 Maya recipient use quotas as part of
<br /> part apply ? this program? Terms not defined below shall have
<br /> 33 . 103 What do the terms in this part 33 .410 Cana recipient be penalized for the meaning given to them. in 40 CFR
<br /> mean? failing to meet its fair share objectives? part 30 , part 31 and part 35 as
<br /> 33 . 104 Mav a recipient apply for a waiver 33 .411 Who maybe exempted from this applicable. As used in this part :
<br /> from the requirements of this part? subpart? Availability analysis means
<br /> 33 , 105 What are the compliance and 33 , 412 Must an Insular Area or Indian documentation of the availability of
<br /> enforcement provisions of this part? Tribal Government recipient negotiate MBEs and WBEs in the relevant
<br /> 33 . 1. 05 What assurances must EPA financial fair share objectives? geographic market in relation to the
<br /> assistance recipients obtain from their Subpart E--Recordkeeping and Reporting total number of firms available in that
<br /> contractors ? 33 . 501 What are the recordkeeping areas
<br /> 33 . 107 What are the rules governing Award official means the EPA
<br /> availability of records , cooperation, and requirements of this part? Re Regional o Headquarters official
<br /> intimidation and retaliation? 33 . 502 What are the reporting requirements i
<br /> g
<br /> of this part? delegated the authority to execute
<br /> Subpart B-Certification 33 . 503 How does a recipient calculate MBE financial assistance agreements on
<br /> 33 . 201 What does this subpart require? and WBE participation for reporting behalf of EPA.
<br /> 33 . 202 How does an entity qualify as an purposes? Broker means a firm that does not
<br /> MBE or WBE under EPA ' s 80/c statute? Appendix A to Part 33-Terms and itself perform , manage or supervise the
<br /> 33 .203 How does an entity qualify as an Conditions work of its contract or subcontract in a
<br /> MBE or WBE under EPA ' s 10 % statute? manner consistent with the normal
<br /> 33 , 204 Where does an entity become Authority: 15 U. S .C. 637 note; 42 U. S ,C. business practices for contractors or
<br /> certified under EPA's 8 % and 105% 4370d , 7601 note , 9605 (f) ; E . O. 11625 , 36 FR subcontractors in its line of
<br /> business .
<br /> statutes ? 19967 , 3 CFR , 1971. Comp . , p . 213 ; E. O. Business, business concern or
<br /> 33 . 205 How does an entity become certified 12138 , 49 FR 296373 3 CFR, 1979 Comp ,., P . business enterprise means an entity
<br /> by EPA? 393 ; E , O. 12432 , 48 FR 32551 , 3 CFR, 1983 organized for profit with a place of
<br /> 33 .206 Is there a list of certified MBEs and Comp . , p. 198 .
<br /> WBEs? business located in the United States ,
<br /> 33 . 207 Can an entity reapply to EPA for Subpart A-General Provisions and which operates primarily within the
<br /> MBE or WBE certification? United States or which makes a
<br /> 33 . 208 How long does an MBE or WBE § 33.101 What are the objectives of this significant contribution to the United
<br /> certification from EPA last? part? States economv through payment of
<br /> 33 . 209 CanEPA re-evaluate the MBE or The objectives of this part are : taxes or use of American products ,
<br /> WBE status of an entity after EPA ( a) To ensure nondiscrimination in materials or labor .
<br /> certifies it to be an MBE or WBE? the award of contracts under. EPA Construction means erection,
<br /> 33 . 210 Does an entity certified as an MBE financial assistance agreements. To that alteration, or repair (including dredging,
<br /> or WBE by EPA need to keep EPA end , implementation of this rule with excavating , and painting) of buildings ,
<br /> informed of any changes which may respect to grantees , sub,,grantees , loan structures , or other improvements to
<br /> affect the entity' s certification?reorprecipients , prime contractors, or real property , and activities in response
<br /> 33 . 211 What is the prooess for appealing or .
<br /> challenging an. EPA MBE or WBE subcontractors in particular States or to a release or a threat of a release of a
<br /> certification determination? locales- notably those where there is no hazardous substance into the
<br /> 33 . 212 What conduct is prohibited by this apparent history of relevant environment, or activities to prevent the
<br /> subpart? discrimination-must comply with introduction of a hazardous substance
<br /> Subpart C---Good Faith Efforts equal protection standards at that level , into a water supply .
<br /> 33 . 301 What dues this subpart require? apart from the EPA DBE Rule ' s Disabled American means , with
<br /> 33 . 302 Are thdoe any additional contract constitutional compliance as a national respect to an individual , permanent or
<br /> administration requirements ? matter; temporary physical or mental
<br /> 33 . 303 Are there special rules for loans (b ) To harmonize EPA' s DBE Program impa.irnient that substantially limits one
<br /> under EPA financial assistance objectives with the U.S . Supreme or more of the major life activities of
<br /> agreements? Court' s decision in Adarand such an individual ; a record of such an
<br /> 33 . 304 Must a Native American (either as Constructors, Inc. v , Pena, 515 U .S . 200 impairment; or being regarded as having
<br /> an individual, organization, Tribe or ( 1995 ) ; such an impairment.
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