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15916 Federal Register / Vol . 73 , No. 59 / Wednesday , March 26 , 2008 / Rules and Regulations
<br /> Small Business Act ( 15 U . S . C . 637 (x) (6 )) to compete in the free enterprise system ( 2 ) As a party to a joint venture ,
<br /> a
<br /> and its implementing regulations ( 13 is impaired due to diminished capital person who is not an economically
<br /> CFR 124 . 104 ) . (See also 13 CFR 124 . 109 and credit opportunities , as compared to disadvantaged individual , or an entity
<br /> for special rules applicable to Indian others in the same business area who that is not owned and controlled by a
<br /> tribes and Alaska Native Corporations ; are not socially disadvantaged and as socially and economically
<br /> 13 CFR 1. 24 . 11. 0 for special rules further defined by section 8 (a) (6) of the disadvantaged individual , may not be a
<br /> applicable to Native Hawaiian Small Business Act. ( 15 U. S . C. 637 (a)( 6 )) party to more than two awarded
<br /> Organizations ) . Under EPA ' s DBE and its implementing regulations ( 13 contracts in a fiscal year solely by joint
<br /> Program, an individual claiming CPR 124 . 104 ) . (See also 13 CFR 124 , 109 venture with a socially and
<br /> disadvantaged status must have an for special rules applicable to Indian economically disadvantaged individual
<br /> initial and continued personal net worth tribes and Alaska Native Corporations ; or entity ,
<br /> of less than $750 . 000 . 13 CFR 124 . 110 for special rules
<br /> (d ) HBCU. An HBCU automatically applicable to Native Hawaiian § 33.204 Where does an entity become
<br /> qualifies as an entity owned or Organizations ) , Under EPA ' s DBE certified under EPA ' s 8% and 10% statutes?
<br /> controlled by socially and economically Program , an individual claiming (a ) In order to participate as an MBE
<br /> disadvantaged individuals , disadvantaged status must havan or WBE prime or subcontractor for EPA
<br /> ( e ) Women . Women are deemed to be initial and continued personal net worth recipients under EPA 's DBE Program , an
<br /> socially and economically of less than $ 750 ,000 . entity must first attempt to be certified
<br /> disadvantaged individuals , Ownership ( d ) Presumptions . In accordance with by the following :
<br /> or control must be demonstrated Title X of the Clean Air Act ( 1 ) The United States Small Business
<br /> pursuant to paragraph (a) of this section , Amendments of 1990 , 42 U .S . C . 7601 Administration ( SBA) , under its 8 (a )
<br /> which may be accomplished by note ; Black Americans , Hispanic Business Development Program ( 13 CFR
<br /> certification under § 33 . 204 , Americans , Native Americans , Asian part 124 , subpart A ) or its Small
<br /> § 33.203 How does an entity qualify as an Americans , Women and Disabled Disadvantaged Business (SDB ) Program ,
<br /> MBE or WBE under EPA's 10% statute? Americans are presumed to be socially ( 13 CPR part 124 , subpart B ) ;
<br /> To qualify as an MBE or WBE under and economically disadvantaged ( 2 ) The United States Department of
<br /> EPA 's 10 % statute , an entity must individuals . In addition , the following Transportation (DOT) , under its
<br /> establish that it is owned and controlled institutions are presumed to be entities regulations for Participation by
<br /> by socially and economically owned and controlled by socially and Disadvantaged Business Enterprises in
<br /> disadvantaged individuals who are of economically disadvantaged DOT Programs (49 CFR parts 23 and 26 ) ;
<br /> good character and citizens of the individuals : HBCUs , Minority or
<br /> United States . Institutions (including Tribal Colleges ( 3 ) an Indian Tribal Government ,
<br /> (a ) Ownership and control. An entity and Universities and Hispanic- Serving State Government, local Government or
<br /> must be at least 51 % owned by a Institutions) and private and voluntary independent private organization in
<br /> socially and economically organizations controlled by individuals accordance with EPA 's 8 % or lo %
<br /> disadvantaged individual , or in the case who are socially and economically statute as applicable .
<br /> of a publicly traded company , at least disadvantaged , ( 2) Such certifications shall be
<br /> 51 % of the stock must be owned by ane ( e ) Individuals not members of considered acceptable for establishing
<br /> or more socially and economically designated groups. Nothing in this MBE or WBE status , as appropriate ,
<br /> disadvantaged individuals , and the section shall prohibit any member of a under EPA' s DBE Program as lung as the
<br /> management and daily business racial or ethnic group that is not certification meets EPA 's U . S .
<br /> operations of the business concern must designated as socially and economically citizenship requirement under § 33 . 202
<br /> be controlled by such individuals . ( See disadvantaged under paragraph ( d) of or (3 ) An entity may only apply to EPA
<br /> also 13 CFR 124 . 109 for special rules this section from establishing that they for MBE or WBE certification under the
<br /> applicable to Indian tribes and Alaska have been impeded in developing a procedures set forth in § 33 . 205 if that
<br /> Native Corporations ; 13 CFR 124 , 110 for business concern as a result of racial or entity first is unable to obtain MBE
<br />or
<br /> special rules applicable to Native ethnic discrimination . WBE certification under paragraphs (a)
<br /> Hawaiian Organizations ) . (f) rebuttal of presumptions. The
<br /> (b ) Socially disadvantaged individual, presumptions established by paragraph ( 1 ) through ( 3 ) of this section .
<br /> A socially disadvantaged individual is a ( d) of this section may be rebutted in (b ) (Reserved] .
<br /> person who has been subjected to racial accordance with § 33 . 209 with respect § 33.205 How does an entity become
<br /> or ethnic prejudice or cultural bias to a particular entity if it is reasonably certified by EPA?
<br /> because of his or her identity as a established that the individual at issue (a) Pilins an application . In
<br /> member of a group without regard to his is not experiencing impediments to accordance with § 33 . 204 , an entity may
<br /> or her individual qualities and as developing such entity as a result of the apply to EPA ' s Office of Small and
<br /> further defined by the implementing individual 's identification as a member Disadvantaged Business Utilization
<br /> regulations of. section 8 (a) ( 5 ) of the of a specified group , (EPA OSDBU ) for certification as an
<br /> Small Business Act ( 15 U. S . C. 637 (a)( 5 ) ; (g) Joint ventures , MBE or WBE. EPA 's Regiona ) Offices
<br /> 13 CFR 124 . 103 ; see also 13 CFR ( 1 ) A joint venture may be considered will provide further information and
<br /> 124 . 109 far special rules applicable to owned and controlled by socially and required application forms to any entity
<br /> Indian tribes and Alaska Native economically disadvantaged interested in MBE or WBE certification .
<br /> Corporations : 13 CPR 124 . 110 for individuals , notwithstanding the size of The applicant must attest to the
<br /> special rules applicable to Native such joint venture , if a party to the joint accuracy and truthfulness of the
<br /> Hawaiian Organizations ) , venture is an entity that is owned and information on the application form.
<br /> (c) Economically disadvantaged controlled by a socially and This shall be done either in the form of
<br /> individual. An economically economically disadvantaged individual , an affidavit sworn to by the applicant
<br /> disadvantaged individual is a socially and that entity owns 510% of the joint before a person who is authorized by
<br /> disadvantaged individual whose ability venture , state law to administer oaths or in the
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