[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36649-36654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17600]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
American Recovery and Reinvestment Act of 2009 Business and
Industry Guaranteed Loan Program
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice.
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SUMMARY: The Rural Development Business and Cooperative Programs are
administered through USDA (``the Agency''). This Notice announces the
availability of stimulus assistance provided pursuant to Title 1 of
Division A of the American Recovery and Reinvestment Act of 2009
(Recovery Act) (Pub. L. 111-5).
DATES: Applications will be accepted until September 15, 2010, or until
funds are expended. Program funding expires September 30, 2010.
The comment period for information collection under the Paperwork
Reduction Act of 1995 continues through September 22, 2009. Comments on
the paperwork burden must be received by this date to be assured of
consideration.
ADDRESSES: If you wish to apply for assistance or are in need of
further information, contact the USDA Rural Development State Office in
the State where your project is located. A list of USDA Rural
Development State Offices is available at http://www.rurdev.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Bonnet, Rural Development,
Business Programs, U.S. Department of Agriculture, 1400 Independence
Avenue, SW., Stop 3221, Washington, DC 20250-3221; e-mail:
[[Page 36650]]
[email protected]; telephone (202) 720-1804.
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act Statement
This Notice is being issued without advance rulemaking or public
comment. The Administrative Procedure Act (``APA'', 5 U.S.C. 553), has
several exemptions to rulemaking requirements. Among them is an
exemption for matters relating to Federal benefits, but under the
provisions of the ``Statement of Policy of the Secretary of Agriculture
effective July 24, 1971,'' issued by Secretary Hardin in 1971 (36 FR
13804 (the ``Hardin Memorandum''), the Department will normally engage
in rulemaking related to Federal benefits despite that exemption.
However, the Hardin Memorandum does not waive certain other APA-
contained exemptions, in particular the ``good cause'' exemption found
at 5 U.S.C. 553(b)(3)(B), which allows effective government action
without rulemaking procedures where withholding the action would be
``impracticable, unnecessary, or contrary to the public interest.'' The
Hardin memorandum specifically provides for the use of the ``good
cause'' exemption, albeit sparingly, when a substantial basis for so
doing exists, and where, as will be described more fully below, that
substantial basis is explained.
USDA has determined, consistent with the APA and the Hardin
Memorandum, that making Recovery Act funds available under the Business
and Industry (B&I) Guaranteed Loan Program as soon as possible is in
the public interest. Withholding this Notice to provide for public
notice and comment would unduly delay the provision of benefits
associated with the provision of the Recovery Act funds and be contrary
to the public interest. Should the actual practice of the program
produce reasons for program modifications those modifications can be
brought to the attention of the Department and changes made in the
future rulemaking process.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, Rural
Development is requesting comments from all interested individuals and
organizations on a new information collection for the provision of
Recovery Act funds under the B&I Guaranteed Loan program. The
information collection activities associated with this Notice have been
submitted under the emergency processing procedures of the Paperwork
Reduction Act (PRA) of 1995. As discussed above in the APA section,
USDA believes that there is good cause to forgo any delay associated
with the opportunity for advance public comment. However, in accordance
with the requirements of the PRA, USDA Rural Development will
ultimately seek standard OMB approval of the reporting requirements
contained in this Notice and hereby opens a 60-day public comment
period regarding the information collection activities contained in
this Notice.
Copies of all forms, regulations, and instructions referenced in
this NOFA may be obtained from Rural Development. Data furnished by the
applicants will be used to determine eligibility for program benefits.
Furnishing the data is voluntary; however, the failure to provide data
could result in program benefits being withheld or denied.
Title: Business and Industry Guaranteed Loan Program American
Recovery and Reinvestment Act of 2009.
OMB Control Number: New.
Type of Request: New collection.
Abstract: Under this Notice, the Agency is making available
Recovery Act funds for the B&I Guaranteed Loan Program. In order to
appropriately use these funds for guaranteeing B&I loans, it is
necessary to obtain information on rural areas experiencing persistent
poverty, outmigration, high unemployment, and under-served and under-
represented groups and areas, which are among those areas hardest hit
by the current economic crisis.
The majority of proposed information collection activities
associated with this Notice will be essentially the same as the
currently approved Business and Industry (B&I) Guaranteed Loan Program
collection, OMB Number: 0570-0017, with the exception of certain
requirements associated with the definition of quality of jobs, such
as:
To document that the business qualifies under the Work
Opportunity Tax Credit Program authorized by the Small Business and
Work Opportunity Tax Act of 2007, lenders must obtain from the borrower
a copy of the certification from the appropriate State workforce
agency.
To document that the business offers a healthcare benefits
package to all employees, with at least 50 percent of the premium paid
by the employer, the lender must obtain from the borrower a copy of
Internal Revenue Service, Department of Labor Form 5500 (Annual Return/
Report of Employee Benefit Plan) and provide a written certification
that the employer pays at least 50 percent of the premiums. The
collection of information is vital to the Agency to make wise decisions
regarding the eligibility of applicants for B&I Guaranteed Loans that
are guaranteed using Recovery Act funds in order to ensure compliance
with the provisions of this Notice. In summary, this collection of
information is necessary in order to appropriately use Recovery Act
funds for guaranteeing B&I loans. Further, other than the information
collections associated with the general requirements of the Recovery
Act, the vast majority of these collections are currently being made
with respect to the current B&I program. The focus of the new
collections concerns requirements of the definition of quality of jobs.
The following estimates are for $1.7 billion of Recovery Act funds
available to the B&I Guaranteed Loan Program.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 1.6 hours per response.
Respondents: Rural businesses.
Estimated Number of Respondents: 700.
Estimated Number of Responses per Respondent: 22.4.
Estimated Number of Responses: 15,703.
Estimated Total Annual Burden (hours) on Respondents: 25,409.
Copies of this information collection can be obtained from Cheryl
Thompson, Regulations and Paperwork Management Branch, at (202) 692-
0043.
Comments
Comments are invited regarding: (a) Whether the proposed collection
of information is necessary for the proper performance of the functions
of Rural Development, including whether the information will have
practical utility; (b) the accuracy of Rural Development's estimate of
the burden of the proposed collection of information including the
validity of the methodology and assumptions used; (c) ways to enhance
the quality, utility and clarity of the information to be collected;
and (d) ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology. Comments may be
sent to Cheryl Thompson, Regulations and Management Branch, Support
Services Division, U.S. Department of Agriculture, Rural Development,
STOP 0742, 1400 Independence Ave. SW., Washington, DC 20250. All
responses to this Notice will be summarized and included in the request
for OMB
[[Page 36651]]
approval. All comments will also be a matter of public record.
Overview Information
Federal Agency Name. Rural Development, Rural Business-Cooperative
Service.
Funding Opportunity Title. Business and Industry Guaranteed Loan
Program.
Announcement Type. Initial announcement.
Catalog of Federal Domestic Assistance (CFDA) Number. The CFDA
number assigned to the American Recovery and Reinvestment Act funds for
the Business and Industry Guaranteed Loan program is 10.782.
DATES. Applications will be accepted until September 15, 2010, or until
funds are expended. Program funding expires September 30, 2010.
ADDRESSES. If you wish to apply for assistance or are in need of
further information, contact the USDA Rural Development State office in
the State where your project is located. A list of USDA Rural
Development state offices is available at: http://www.rurdev.usda.gov.
I. Funding Opportunity Description
A. Purpose. This Notice is issued pursuant to the recently passed
American Recovery and Reinvestment Act of 2009. The Recovery Act
provides for additional funds to the Agency for use under the B&I
Guaranteed Loan Program. With this Notice, the Agency is announcing the
availability of funding through the B&I Guaranteed Loan program for
eligible projects.
The provisions in this Notice apply only to the award of Recovery
Act funds made available to the B&I Guaranteed Loan Program pursuant to
this Notice. These provisions do not apply to loans funded under the
Omnibus Appropriations Act of 2009 or the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act of 2009.
B. Statutory Authority. This program is authorized under the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).
C. Definitions. The following definitions are applicable to this
Notice.
High unemployment. Any area that has an unemployment rate that is
125 percent of the nationwide rate or greater.
Outmigration. Any area of long-term population decline and job
deterioration based on reliable statistical data. Population loss,
particularly that which results in loss of jobs, can result from a
lower rate of births than deaths and prolonged movement from a place of
origin to another location. Outmigration of jobs is the result of
traditional jobs not being replaced by new types of jobs. Communities
that experience seasonal fluctuations due to tourism will not be
considered under this definition. The Agency will use data from the
1980, 1990, and 2000 decennial census to determine if outmigration
occurred.
Persistent poverty. Any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as measured by
the 1980, 1990, and 2000 decennial census.
Quality jobs. This relates to the quality of the jobs provided by
the borrower. For the purposes of this Notice, a quality job is one
which:
(i) Pays wages that average at least 125 percent of the Federal
minimum wage; or
(ii) Qualifies under the Work Opportunity Tax Credit Program
authorized by the Small Business and Work Opportunity Tax Act of 2007;
or
(iii) Offers healthcare package to all employees, with at least 50
percent of the premium paid by the employer for employees.
Under-served groups and under-represented areas. Any geographic
area and population group that has not historically received the
benefits of the B&I program as compared to other areas and groups.
In implementing this definition, State Office Program officials
will:
Analyze their State loan participation data;
Determine group or groups who typically have not
participated in Agency Programs in the areas that are under-served and
under-represented (no loans in areas that have need for the benefits of
the loans); and
Determine where projects have been funded and give
priority to projects that could be located in areas of greatest need
based on the data analysis (under-served groups and under-represented
areas).
Under-served groups and under-represented areas generally concern a
``protected class.'' Protected class, a term used in Civil Rights anti-
discrimination law, describes groups of people who historically have
been treated differently because of their race, color, gender or
national origin and are now protected from discrimination and
harassment.
Civil Rights laws cover individuals' Ethnicity--Hispanic or Latino
or non-Hispanic; and Race--American Indians and Alaska Natives, Asian,
Black or African American, Native Hawaiians and Pacific Islanders and
White.
Racial and ethnic disparities exist in providing Federal assistance
through administration of program funds. Statistics show people of the
``protected class'' have not participated to the level of non-minority
participants. To become more transparent and to be proactive in the
elimination of disparity, we embrace enhanced program outreach,
education, and technical assistance to under-served areas and groups to
eliminate disparities. State Program Officials will develop and
implement a meaningful outreach plan to assist in eliminating disparity
in the delivery of programs to the under-served and under-represented
area.
D. Implementation of Recovery Act provisions. Consistent with the
purposes of the Recovery Act, the Agency has determined that the most
effective use of these program funds is to target them to encourage the
creation or retention of quality jobs through the extension of business
credit in those rural areas of greatest need, most difficult to reach,
and among those areas hardest hit by the current economic crisis.
In determining the type of incentives that participating lenders
would need to generate quality loans in these critical rural areas, the
Agency considered adjustments to several features of the B&I program
over which we have control, including the percentage of guarantee,
annual renewal fee, and guarantee fee; without compromising Agency
underwriting standards.
As a result, the Agency decided to provide for up to 90 percent
guarantees to all Recovery Act funded loans that score at least 55
priority points under the Agency priority scoring criteria in 7 CFR
4279.155. In addition, the Agency decided to reduce the guarantee fee
to 1 percent and eliminate the annual renewal fee for all B&I Recovery
Act funded loans.
The Agency is not proposing changes of the requirements currently
reflected in its B&I program regulations, regarding the circumstances
under which it will offer a 90 percent guarantee. Rather, it is
utilizing certain existing program features to encourage economic
stimulus in those rural areas experiencing persistent poverty,
outmigration, high unemployment, and under-served and under-represented
groups and areas, which are among those areas hardest hit by the
current economic crisis. In determining whether a Recovery Act loan
applicant will be eligible for up to a 90 percent guarantee, it will be
evaluated based on the current B&I regulations at Sec. 4279.155,
consistent with the guidance provided in OMB Circular A-129.
[[Page 36652]]
II. Funding Information
A. Available funds. The Recovery Act provides $126,100,000 in
budgetary authority for this program through September 30, 2010, to
support loan guarantees based on credit subsidy scoring that is yet to
be determined. The available program level under this Notice is $1.7
billion that shall be available to support loan guarantees until
September 30, 2010.
B. Funding limitations. The Agency will distribute Recovery Act
funds on a first-come-first-served basis. Ten percent of Recovery Act
funds will be allocated for businesses located in persistent poverty
counties, as provided for in the Recovery Act.
III. Program Provisions Specific to Guaranteed Loans
Seeking Recovery Act Funds
This section of the Notice identifies provisions specific to
guaranteed loans applications seeking Recovery Act funds. Unless
otherwise indicated, these provisions are in addition to those in 7 CFR
part 4279, subparts A and B.
A. Scoring applications. When awarding administrator points under 7
CFR 4279.155(b)(6), State Directors and the Administrator will award
their points to an application only if the proposed project will
provide quality jobs and meets at least one of the demographic criteria
(outmigration, high unemployment, under-served/under-represented areas
and groups, and persistent poverty counties).
B. Guarantee fee. Notwithstanding the provisions of 7 CFR
4279.107(a), the guarantee fee for Recovery Act funded guaranteed loans
shall be one (1) percent.
C. Annual renewal fee. The annual renewal fee specified in 7 CFR
4279.107(b) does not apply to Recovery Act funded guaranteed loans.
D. Ineligible purposes. Notwithstanding the provisions of 7 CFR
4279.113, the following purposes are ineligible for Recovery Act funded
guaranteed loans:
(1) Zoos;
(2) Aquariums;
(3) Convenience stores, unless the store provides quality jobs and
sells or will sell E85 fuel upon completion of the project;
(4) Pools;
(5) Water parks;
(6) Hotels/motels and other facilities that have pools or water
parks;
(7) Golf courses;
(8) Casinos or other gambling establishments; and
(9) Museums.
E. Percent guarantee. Notwithstanding the criteria specified in 7
CFR 4279.119(b), applications that score at least 55 points using the
B&I scoring criteria in 7 CFR 4279.155 are eligible for up to a 90-
percent guarantee as provided in 7 CFR 4279.119(b).
IV. Nondiscrimination Statement
USDA prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability and, where
applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived
from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TTY). To file a complaint of discrimination, write to USDA,
Director, Office of Adjudication and Compliance, 1400 Independence
Avenue, SW., Washington, DC 20250-9410, or call (866) 632-9992 (voice),
or (202) 401-0216 (TDD).
V. Civil Rights Compliance Requirements
All awards are subject to the equal opportunity and
nondiscriminatory requirements in accordance with the Equal Credit
Opportunity Act, 7 CFR 15d, conducted programs by USDA and RD
Instructions 7 CFR part 1901-E.
VI. Wage-Rate Requirements
All laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or
in part by and through the Federal Government pursuant to the Recovery
Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of 40
U.S.C. In this regard, the award will contain the following provision:
Wage Rate Requirements Under Section 1606 of the American Recovery and
Reinvestment Act, 2009
(a) Section 1606 of the Recovery Act requires that all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates
not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of 40 U.S.C.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40
U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR
parts 1, 3, and 5 to implement the Davis-Bacon and related Acts.
Regulations in 29 CFR 5.5 instruct agencies concerning application of
the standard Davis-Bacon contract clauses set forth in that section.
Federal agencies providing grants, cooperative agreements, and loans
under the Recovery Act shall ensure that the standard Davis-Bacon
contract clauses found in 29 CFR 5.5(a) are incorporated in any
resultant covered contracts that are in excess of $2,000 for
construction, alteration and/or repair (including painting and
decorating). Projects exceeding $100,000 must also incorporate
requirements of 29 CFR 5.5(b).
(b) For additional guidance on the wage rate requirements of
section 1606, contact your awarding agency. Recipients of grants,
cooperative agreements and loans should direct their initial inquiries
concerning the application of Davis-Bacon requirements to a particular
federally assisted project to the Federal agency funding the project.
The Secretary of Labor retains final coverage authority under
Reorganization Plan No. 14.
VII. National Environmental Policy Act of 1969
Implementation of the Recovery Act will utilize existing
environmental review compliance requirements in accordance with its
statutory and regulatory obligations. The Agency's respective
environmental policies and procedures are codified in 7 CFR part 1940,
subpart G. All relevant environmental compliance requirements are
integrated in the above regulations, including the National
Environmental Policy Act, National Historic Preservation Act and
Endangered Species Act compliance processes.
All program applicants are required to integrate environmental
factors, along with other technical and financial considerations, into
early project planning and design. The environmental review process
must be completed, including all public notice requirements prior to
funding any proposals.
VIII. Accountability and Transparency and Responsibility for Informing
Sub-Recipients
Recipients and their sub-recipients must maintain current
registrations in the Central Contractor Registration (http://www.ccr.gov) at all times for
[[Page 36653]]
which they have active Federal awards funded with Recovery Act funds.
All awards will contain the following tracking and documenting
requirements:
Recovery Act Transactions Listed in Schedule of Expenditures of Federal
Awards and Recipient Responsibilities for Informing Sub-Recipients
(a) To maximize the transparency and accountability of funds
authorized under the Recovery Act as required by Congress and in
accordance with 2 CFR 215, subpart 21 and OMB Circular A-102 Common
Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of
1996 and OMB Circular A-133, ``Audits of States, Local Governments, and
Non-Profit Organizations,'' recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule
of Expenditures of Federal Awards (SEFA) and the Data Collection Form
(SF-SAC) required by OMB Circular A-133. This shall be accomplished by
identifying expenditures for Federal awards made under the Recovery Act
separately on the SEFA, and as separate rows under Item 9 of part III
on the SF-SAC by CFDA number, and inclusion of the prefix ``ARRA'' in
identifying the name of the Federal program on the SEFA and as the
first characters in Item 9d of part III on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient,
and document at the time of sub-award and at the time of disbursement
of funds, the Federal award number, CFDA number, and amount of Recovery
Act funds. When a recipient awards Recovery Act funds for an existing
program, the information furnished to sub-recipients shall distinguish
the sub-awards of incremental Recovery Act funds from regular sub-
awards under the existing program.
(d) Recipients agree to require their sub-recipients to include
their SEFA information to specifically identify Recovery Act funding
similar to the requirements for the recipient SEFA described above.
This information is needed to allow the recipient to properly monitor
sub-recipient expenditure of Recovery Act funds as well as oversight by
the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
Certifications Pursuant to Section 1511 of the Recovery Act
With respect to these funds made available to State or local
governments for infrastructure investments, the Governor, mayor, or
other chief executive, as appropriate, shall certify that the
infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility
that the infrastructure investment is an appropriate use of taxpayer
dollars. Such certification shall include a description of the
investment, the estimated total cost, and the amount of these funds to
be used, and shall be posted on http://www.recovery.gov. A State or
local agency may not receive infrastructure investment funding from
funds made available in the Recovery Act unless this certification is
made and posted.
IX. Set Aside
Ten (10) percent of funding shall be allocated to assist businesses
in persistent poverty counties.
X. Whistleblower Protection
Each recipient or sub-recipient awarded funds made available under
the Recovery Act shall promptly refer to the USDA Office of Inspector
General, any credible evidence that a principal, employee, agent,
contractor, sub-recipient, subcontractor, or other person has submitted
a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving those funds.
Section 1553(a) of the Recovery Act Provides Protection for
Whistleblowers
Prohibition of Reprisals--An employee of any non-Federal employer
receiving covered funds may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing, including a
disclosure made in the ordinary course of an employee's duties, to the
Board, an inspector general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law enforcement agency, a
person with supervisory authority over the employee (or such other
person working for the employer who has the authority to investigate,
discover, or terminate misconduct), a court or grand jury, the head of
a Federal agency, or their representatives, information that the
employee reasonably believes is evidence of--
(1) Gross mismanagement of an agency contract or grant relating to
covered funds;
(2) A gross waste of covered funds;
(3) A substantial and specific danger to public health or safety
related to the implementation or use of covered funds;
(4) An abuse of authority related to the implementation or use of
covered funds; or
(5) A violation of law, rule, or regulation related to an agency
contract (including the competition for or negotiation of a contract)
or grant, awarded or issued relating to covered funds.
XI. Buy American
None of the funds made available by the Recovery Act may be used
for a project for the construction, alteration, maintenance, or repair
of a public building or public work unless all of the iron, steel and
manufactured goods used in the project are produced in the United
States or unless USDA Rural Development waives the application of this
provision. (Sec. 1605)
(a) If the applicant's requested use of Recovery Act funds involves
the construction, alteration, maintenance, or repair of a public
building or public work, and does not involve iron, steel, and or
manufactured goods covered under international agreements, the
following is applicable:
Notice of Required Use of American, Iron, Steel, and Manufactured
Goods--Section 1605 of the American Recovery and Reinvestment Act, 2009
(1) Definitions. Manufactured good, public building and public
work, and steel, as used in this Notice, are defined in 2 CFR 176.140.
(2) Requests for determinations of inapplicability. A prospective
applicant requesting a determination regarding the inapplicability of
section 1605 of the American Recovery and Reinvestment Act of 2009
(Pub. L. 111-5) should submit the request to the award official in time
to allow a determination before submission of applications or
proposals. The prospective applicant shall include the information and
applicable supporting data required by 2 CFR 176.140(c) and (d) in the
request. If an applicant has not requested a determination regarding
the inapplicability of section 1605 of the Recovery Act before
submitting its application or proposal, or has not received a response
to a previous request, the applicant shall include the information and
supporting data in the application or proposal.
(3) Exceptions. Section 1605 of the Recovery Act may apply to
project-specific exceptions. When one of the following exceptions
applies, the loan approval official may allow the loan,
[[Page 36654]]
grant, or loan guarantee recipient to use foreign iron, steel, or
manufactured goods in a given project. Project specific exceptions may
not be used unless requested by the applicant, approved by the Agency,
and published in the Federal Register as noted below.
Justifications: Any exception must be based on one of the following
three justifications:
Non-availability. Iron, steel, or relevant manufactured
goods are not produced or manufactured in sufficient and reasonably
available commercial quantities of a satisfactory quality.
Unreasonable cost. The cost of domestic iron, steel, or
relevant manufactured goods will increase the cost of the overall
project by more than 25%.
Public interest. The application of these restrictions
would be inconsistent with the public interest.
(4) International Agreements. Section 1605(d) does not apply to
implementation of the Buy American provisions in Recovery Act for USDA,
Rural Development programs.
Dated: July 17, 2009.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
[FR Doc. E9-17600 Filed 7-23-09; 8:45 am]
BILLING CODE 3410-XY-P