10232 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 

questions of clarification from Panel 

members or Forest Service staff. Persons 

who wish to bring Collaborative Forest 

Restoration Program grant proposal 

review matters to the attention of the 

Panel may file written statements with 

the Panel staff before or after the 

meeting. Public input sessions will be 

provided and individuals who 

submitted written statements prior to 

the public input sessions will have the 

opportunity to address the Panel at 

those sessions. 

March 3, 2009. 

Faye L. Krueger, 

Deputy Regional Forester. 

[FR Doc. E9–4946 Filed 3–9–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF COMMERCE 

Economic Development Administration 

[Docket No. 090227253–9254–01] 

Solicitation of Applications for the FY 

2009 EDA American Recovery Program 

Pursuant to the American Recovery 

and Reinvestment Act of 2009, Public 

Law 111–5, 123 Stat. 115 (2009) 

AGENCY: Economic Development 

Administration (EDA), Department of 

Commerce. 

ACTION: Notice and request for 

applications. 

SUMMARY: Pursuant to the American 

Recovery and Reinvestment Act of 2009, 

EDA announces general policies and 

application procedures for grant-based 

investments for the EDA American 

Recovery Program under the auspices of 

the Public Works and Economic 

Development Act of 1965, as amended, 

that will promote comprehensive, 

entrepreneurial and innovation-based 

economic development efforts to 

enhance the competitiveness of regions, 

resulting in increased private 

investment and higher-skill, higherwage jobs in regions that have 

experienced sudden and severe 

economic dislocation and job loss due 

to corporate restructuring. 

DATES: Applications are accepted on a 

continuing basis and processed as 

received. Applications may be 

submitted electronically in accordance 

with the instructions provided at 

http://www.grants.gov or mailed to the 

applicable EDA regional office listed 

below under ‘‘Addresses and Telephone 

Numbers for EDA’s Regional Offices.’’ 

Application Submission 

Requirements: Applicants are advised to 

read carefully the instructions contained 

in section IV of the complete Federal 

funding opportunity (FFO) 

announcement for this request for 

applications. To access the FFO 

announcement, please see the Web sites 

listed below under ‘‘Electronic Access.’’ 

On October 1, 2008, EDA published a 

notice in the Federal Register (73 FR 

57049) to introduce its new, streamlined 

Application for Investment Assistance 

(Form ED–900), which consolidates all 

EDA-specific requirements into a single 

application form. EDA will continue to 

require additional government-wide 

Federal grant assistance forms from the 

Standard Form (SF) 424 family and 

certain Department of Commerce (CD) 

forms as part of the application package. 

The specific SF forms required with the 

Form ED–900 depend on whether the 

applicant seeks construction or nonconstruction assistance. 

Applicants seeking assistance for a 

project with construction components 

are required to complete and submit the 

following: 

(i) Form ED–900 (Application for 

Investment Assistance); 

(ii) Form SF–424 (Application for 

Federal Assistance); 

(iii) Form SF–424C (Budget 

Information—Construction Programs); 

(iv) Form SF–424D (Assurances— 

Construction Programs); and 

(v) Form CD–511 (Certification 

Regarding Lobbying). 

Applicants seeking assistance for a 

project without construction 

components are required to complete 

and submit the following forms: 

(i) Form ED–900 (Application for 

Investment Assistance); 

(ii) Form SF–424 (Application for 

Federal Assistance); 

(iii) Form SF–424A (Budget 

Information—Non-Construction 

Programs); 

(iv) Form SF–424B (Assurances— 

Non-Construction Programs); and 

(v) Form CD–511 (Certification 

Regarding Lobbying). 

Applicants for both construction and 

non-construction assistance may be 

required to submit to an individual 

background screening on the form titled 

Applicant for Funding Assistance (Form 

CD–346) and to provide certain lobbying 

information using the form titled 

Disclosure of Lobbying Activities (Form 

SF–LLL). The Form ED–900 provides 

detailed guidance to help the applicant 

assess whether Forms CD–346 and SF– 

LLL are required and how to access 

them. 

Content and Form of the Form ED– 

900: The applicant is advised to read 

carefully the instructions contained in 

this notice, the complete FFO 

announcement, and all forms contained 

in the appropriate application package. 

It is the sole responsibility of the 

applicant to ensure that the appropriate 

application package is complete and 

received by EDA. 

The Form ED–900 is divided into 

lettered sections that correspond to 

specific EDA program components that 

address all of EDA’s statutory and 

regulatory requirements. Based on the 

program under which the applicant 

seeks assistance, the following table 

details the sections and exhibits in the 

Form ED–900 that the applicant must 

complete. Under this notice and request 

for applications, EDA will consider 

applications for funding under its 

Public Works and Economic Adjustment 

Assistance programs only. This table 

also is provided on the first page of 

Section A to Form ED–900. 

EDA program Required Form ED–900 sections 

Public Works ................................... Complete Sections A, B, and M and Exhibits A, D and E. 

Economic Adjustment ..................... Complete Sections A, B, and K and Exhibit C. Also complete Sections M and Exhibits A, D, and E if request has construction components, and Section N if the request has only design/engineering requirements. Complete Section E if the request has no construction components. 

Revolving Loan Fund ...................... Complete Sections A, B, E, K, and L and Exhibit C. 

Design and Engineering ................. Complete Sections A, B, and N and Exhibit C. 

Addresses and Telephone Numbers 

for EDA’s Regional Offices: Applicants 

eligible for assistance under this notice 

may request paper (hardcopy) 

application packages by contacting the 

applicable EDA regional office servicing 

your geographic area listed below. 

Alternatively, applicants may obtain the 

application packages electronically at 

http://www.grants.gov. All components 

of the appropriate application package 

may be accessed and downloaded (in a 

screen-fillable format) at http:// 

www.grants.gov/applicants/ 

apply_for_grants.jsp. 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 10233 

Economic Development 

Administration, Atlanta Regional Office, 

401 West Peachtree Street, NW., Suite 

1820, Atlanta, Georgia 30308. 

Telephone: (404) 730–3002, Fax: (404) 

730–3025. 

Serves: Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina and Tennessee. 

Economic Development 

Administration, Austin Regional Office, 

504 Lavaca Street, Suite 1100, Austin, 

Texas 78701. 

Telephone: (512) 381–8144, Fax: (512) 

381–8177. 

Serves: Arkansas, Louisiana, New 

Mexico, Oklahoma and Texas. 

Economic Development 

Administration, Chicago Regional 

Office, 111 North Canal Street, Suite 

855, Chicago, Illinois 60606. 

Telephone: (312) 353–7706, Fax: (312) 

353–8575. 

Serves: Illinois, Indiana, Michigan, 

Minnesota, Ohio, Wisconsin and 

Muscatine and Scott counties, Iowa. 

Economic Development 

Administration, Denver Regional Office, 

410 17th Street, Suite 250, Denver, 

Colorado 80202. 

Telephone: (303) 844–4714, Fax: (303) 

844–3968. 

Serves: Colorado, Iowa (excluding 

Muscatine and Scott counties), Kansas, 

Missouri, Montana, Nebraska, North 

Dakota, South Dakota, Utah and 

Wyoming. 

Economic Development 

Administration, Philadelphia Regional 

Office, Curtis Center, 601 Walnut Street, 

Suite 140 South, Philadelphia, 

Pennsylvania 19106. 

Telephone: (215) 597–4603, Fax: (215) 

597–1063. 

Serves: Connecticut, Delaware, 

District of Columbia, Maine, Maryland, 

Massachusetts, New Hampshire, New 

Jersey, New York, Pennsylvania, Puerto 

Rico, Rhode Island, Vermont, U.S. 

Virgin Islands, Virginia and West 

Virginia. 

Economic Development 

Administration, Seattle Regional Office, 

Jackson Federal Building, Room 1890, 

915 Second Avenue, Seattle, 

Washington 98174. 

Telephone: (206) 220–7660, Fax: (206) 

220–7669. 

Serves: Alaska, American Samoa, 

Arizona, California, Guam, Hawaii, 

Idaho, Republic of Marshall Islands, 

Federated States of Micronesia, Nevada, 

Northern Mariana Islands, Oregon, 

Republic of Palau and Washington. 

Alternatively, applicants may obtain 

the application package electronically at 

http://www.grants.gov. All components 

of the appropriate application package 

may be accessed and downloaded (in a 

screen-fillable format) at http:// 

www.grants.gov/applicants/ 

apply_for_grants.jsp. 

Application Submission Formats: 

Applications may be submitted either (i) 

in paper (hardcopy) format to the 

applicable regional office address 

provided above; or (ii) electronically in 

accordance with the procedures 

provided at http://www.grants.gov. The 

content of applications is the same for 

paper submissions as it is for electronic 

submissions. EDA will not accept 

facsimile transmissions of applications. 

Paper Submissions: An eligible 

applicant under this notice may submit 

a completed paper application to the 

applicable EDA regional office listed 

above. The applicant must submit one 

original and two copies of the 

appropriate completed application 

package via postal mail, shipped 

overnight, or hand-delivered to the 

applicable regional office, unless 

otherwise directed by EDA staff. 

Department of Commerce mail security 

measures may delay receipt of United 

States Postal Service mail for up to two 

weeks. Therefore, applicants who 

submit paper submissions are advised to 

use guaranteed overnight delivery 

services. 

Electronic Submissions: Applicants 

are encouraged to submit applications 

electronically in accordance with the 

instructions provided at http:// 

www.grants.gov. The preferred file 

format for electronic attachments is 

portable document format (PDF); 

however, EDA will accept electronic 

files in Microsoft Word, WordPerfect, or 

Microsoft Excel formats. EDA advises 

that applicants not wait until the 

application closing date to begin the 

application process through http:// 

www.grants.gov. Validation or rejection 

of your application by http:// 

www.grants.gov may take additional 

days after your submission. Therefore, 

please consider the http:// 

www.grants.gov validation/rejection 

process in developing your application 

submission time line. 

Applicants should access the 

following link for assistance in 

navigating http://www.grants.gov and 

for a list of useful resources: http:// 

www.grants.gov/applicants/ 

applicant_help.jsp. If you do not find an 

answer to your question under 

Frequently Asked Questions, try 

consulting the Applicant’s User Guide. 

If you still cannot find an answer to 

your question, contact http:// 

www.grants.gov via e-mail at 

support@grants.gov or telephone at 1– 

800–518–4726. The hours of operation 

for http://www.grants.gov are MondayFriday, 7 a.m. to 9 p.m. (Eastern Time) 

(except for Federal holidays). 

FOR FURTHER INFORMATION CONTACT: For 

additional information or for a paper 

copy of the complete FFO 

announcement for the FY 2009 EDA 

American Recovery Program, contact 

the appropriate EDA regional office 

listed above under ‘‘Addresses and 

Telephone Numbers for EDA’s Regional 

Offices.’’ EDA’s Internet Web site at 

http://www.eda.gov also contains 

additional information on EDA and its 

programs. 

SUPPLEMENTARY INFORMATION: Electronic 

Access: The FY 2009 EDA American 

Recovery Program FFO announcement 

is available at http://www.grants.gov 

and at http://www.eda.gov/ 

InvestmentsGrants/FFON.xml. 

Background Information on the EDA 

American Recovery Program: Under this 

notice, EDA requests applications for 

the EDA American Recovery Program 

under the auspices of the Public Works 

and Economic Development Act of 

1965, as amended (42 U.S.C. 3121 et 

seq.) (PWEDA). EDA will give priority 

consideration to those applications that 

will significantly benefit regions ‘‘that 

have experienced sudden and severe 

economic dislocation and job loss due 

to corporate restructuring,’’ as stipulated 

under the American Recovery and 

Reinvestment Act of 2009, Public Law 

111–5, 123 Stat. 115 (2009) (Recovery 

Act or ARRA). EDA provides financial 

assistance to distressed communities in 

both urban and rural regions. Such 

distress may exist in a variety of forms, 

including high levels of unemployment, 

low income levels, large concentrations 

of low-income families, significant 

declines in per capita income, large 

numbers (or high rates) of business 

failures, sudden major layoffs or plant 

closures, trade impacts, military base 

closures, natural or other major 

disasters, depletion of natural resources, 

reduced tax bases, or substantial loss of 

population because of the lack of 

employment opportunities. EDA’s 

experience has shown that regional 

economic development to help alleviate 

these conditions is effected primarily 

through investments and decisions 

made by the private sector. EDA will 

give preference to applications that 

include cash contributions (over in-kind 

contributions) as the matching share. 

See ‘‘Cost Sharing Requirement’’ below 

for more detailed information. 

Under the American Recovery 

Program, EDA will help restore, replace 

and expand economic activity in regions 

that have experienced sudden and 

severe economic dislocation and job 

10234 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 

loss due to corporate restructuring, and 

prioritize projects that will diversify the 

economic base and lead to a stronger, 

more globally competitive and resilient 

regional economy. EDA’s economic 

development activities help create jobs 

by encouraging business inception and 

growth. 

EDA will evaluate and select 

applications according to the 

investment policy guidelines and 

funding priorities set out below under 

‘‘Evaluation and Selection Procedures.’’ 

The Recovery Act stipulates the 

following specific requirements with 

respect to any funds expended or 

obligated from appropriations made 

thereunder. 

1. Limit on Use of Funds. For 

purposes of this notice and request for 

applications, none of the funds 

appropriated or otherwise made 

available under ARRA may be used by 

any State or local government, or any 

private entity, for any casino or other 

gambling establishment, aquarium, zoo, 

golf course, or swimming pool. See sec. 

1604 of ARRA. 

2. Certification Requirement. Sec. 

1511 mandates that with respect to any 

funds made available under ARRA to 

State or local governments for 

infrastructure investments, the 

Governor, mayor, or other chief 

executive, as appropriate, must 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. This 

certification must include a description 

of the investment, the estimated total 

cost, and the amount of funds to be 

used, and must be posted on the 

recipient’s Web site and linked to 

http://www.recovery.gov/. A State or 

local agency cannot receive 

infrastructure investment funding from 

funds made available under ARRA 

unless this certification is made and 

posted. See also sec. 1526 of ARRA. 

3. As set out in sec. 1512(c) of ARRA, 

no later than ten (10) days after the end 

of each calendar quarter, any recipient 

that received funds under ARRA from 

EDA must submit a report to EDA that 

contains: 

a. The total amount of recovery funds 

received from EDA; 

b. The amount of recovery funds 

received that were expended or 

obligated to projects or activities; 

c. A detailed list of all projects or 

activities for which recovery funds were 

expended or obligated; and 

d. Detailed information on any 

subcontracts or subgrants awarded by 

the recipient to include the data 

elements required to comply with the 

Federal Funding Accountability and 

Transparency Act of 2006 (Pub. L. No. 

109–282), allowing aggregate reporting 

on awards below $25,000 or to 

individuals, as prescribed by the 

Director of the Office of Management 

and Budget. 

Recipients that must report 

information in accordance with 

paragraph (d) above must register with 

the Central Contractor Registration 

database (http://www.ccr.gov/) or 

complete other registration 

requirements as determined by the 

Director of the Office of Management 

and Budget. Sec. 1512(d) further 

requires that no later than thirty (30) 

days after the end of each calendar 

quarter, EDA must make the information 

in reports submitted under sec. 1512(c) 

of ARRA as outlined above publicly 

available by posting the information on 

a Web site. OMB Memo M–09–10, 

‘‘Initial Implementing Guidance for the 

American Recovery and Reinvestment 

Act of 2009,’’ which can be accessed at 

http://www.recovery.gov/, provides 

additional information on requirements 

for Federal agencies under ARRA. 

4. Timely Start and Completion of 

Projects. In using funds made available 

under ARRA for infrastructure 

investments, recipients must give 

preference to activities that can be 

started and completed expeditiously, 

including a goal of using at least 50 

percent of the funds for activities that 

can be initiated not later than 120 days 

after the date of the enactment of the 

Act, which was February 17, 2009. 

Recipients of EDA investment assistance 

under this announcement also must use 

grant funds in a manner that maximizes 

job creation and economic benefit. See 

sec. 1602 of ARRA. 

5. ‘‘Buy American’’ Restrictions. Sec. 

1605(a) stipulates that any ARRAfunded project ‘‘for the construction, 

alteration, maintenance, or repair of a 

public building or public work [must 

use] iron, steel, and manufactured goods 

* * * produced in the United States.’’ 

The legislation allows for a waiver of 

this requirement if EDA determines that: 

a. Applying the requirement would be 

inconsistent with the public interest; 

b. Iron, steel, and the relevant 

manufactured goods are not produced in 

the United States in sufficient and 

reasonably available quantities and of a 

satisfactory quality; or 

c. The inclusion of iron, steel, and 

manufactured goods produced in the 

United States will increase the cost of 

the overall project by more than 25 

percent. 

EDA must publish a ‘‘detailed written 

justification’’ as to why the requirement 

in sec. 1605(a) is being waived based on 

a finding under paragraphs (a), (b) or (c) 

above. 

6. Davis-Bacon Wage Rate 

Requirements. As with all EDA 

investments in public works, economic 

adjustment assistance, and revolving 

loan fund (RLF) projects that finance 

construction, awards under this 

competitive solicitation will be subject 

to Davis-Bacon wage rate requirements. 

See section 602 of PWEDA (42 U.S.C. 

3212) and sec. 1606 of ARRA. 

Funding Availability: The Recovery 

Act appropriated $150,000,000 for the 

EDA American Recovery Program under 

the auspices of PWEDA. These funds 

shall remain available for obligation 

until September 30, 2010. The law 

mandates that $50,000,000 of the 

$150,000,000 must be allocated for 

economic adjustment assistance under 

section 209 of PWEDA (42 U.S.C. 3149). 

EDA will allocate the remaining 

$100,000,000 to either the Public Works 

and Economic Development Facilities 

Program or the Economic Adjustment 

Assistance Program, depending on the 

needs demonstrated among EDA’s six 

regional offices, located in Atlanta, 

Austin, Chicago, Denver, Philadelphia 

and Seattle. Federally authorized 

regional economic development 

commissions may assist eligible 

applicants in submitting applications 

under this notice or may seek transfers 

directly from EDA. 

The funding periods and funding 

amounts referenced in this notice and 

request for applications are subject to 

the availability of funds at the time of 

award, as well as to Department of 

Commerce and EDA priorities at the 

time of award. The Department of 

Commerce and EDA will not be held 

responsible for application preparation 

costs. Publication of this FFO does not 

obligate the Department of Commerce or 

EDA to award any specific grant or 

cooperative agreement or to obligate all 

or any part of available funds. 

Statutory Authority: The statutory 

authorities for the (i) Public Works and 

Economic Development Facilities 

Program; and (ii) Economic Adjustment 

Assistance Program are sections 201 (42 

U.S.C. 3141) and 209 (42 U.S.C. 3149) 

of PWEDA, respectively. Unless 

otherwise provided in this notice or in 

the FFO announcement, applicant 

eligibility, program objectives and 

priorities, application procedures, 

evaluation criteria, selection 

procedures, and other requirements for 

all programs are set forth in EDA’s 

regulations (codified at 13 CFR chapter 

III), and applicants must adhere to these 

requirements. EDA’s regulations and 

PWEDA are available at http:// 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 10235 

www.eda.gov/InvestmentsGrants/ 

Lawsreg.xml. Please note that EDA 

funds may not be used directly or 

indirectly to reimburse any attorneys’ or 

consultants’ fees incurred in connection 

with obtaining investment assistance 

under this notice and request for 

applications. See 13 CFR 302.10. 

Catalog of Federal Domestic 

Assistance (CFDA) Numbers: 11.300, 

Investments for Public Works and 

Economic Development Facilities; 

11.307, Economic Adjustment 

Assistance. 

Applicant Eligibility: Pursuant to 

PWEDA, eligible applicants for and 

eligible recipients of EDA investment 

assistance under this announcement 

include a(n): (i) District Organization; 

(ii) Indian Tribe or a consortium of 

Indian Tribes; (iii) State, city or other 

political subdivision of a State, 

including a special purpose unit of a 

State or local government engaged in 

economic or infrastructure development 

activities, or a consortium of political 

subdivisions; (iv) institution of higher 

education or a consortium of 

institutions of higher education; or (v) 

public or private non-profit organization 

or association acting in cooperation 

with officials of a political subdivision 

of a State. See section 3 of PWEDA (42 

U.S.C. 3122) and 13 CFR 300.3. 

For-profit, private-sector entities and 

individuals do not qualify for 

investment assistance under the Public 

Works or Economic Adjustment 

Assistance programs, which are the EDA 

programs applicable to this notice and 

request for applications. Therefore, 

requests from for-profit entities and 

individuals may be referred to State or 

local agencies, or to non-profit 

economic development organizations 

serving the region in which the project 

will be located. 

Economic Distress Criteria: Potential 

applicants are responsible for 

demonstrating to EDA, by providing 

statistics and other appropriate 

information, the nature and level of 

economic distress in the region in 

which the proposed project will be 

located. For a Public Works (13 CFR 

part 305; CFDA No. 11.300) or an 

Economic Adjustment investment (13 

CFR part 307; CFDA No. 11.307), the 

project must be located in a region that, 

on the date EDA receives the 

application for investment assistance, 

meets one (or more) of the following 

economic distress criteria: (i) An 

unemployment rate that is, for the most 

recent twenty-four (24) month period for 

which data are available, at least one (1) 

percentage point greater than the 

national average unemployment rate; (ii) 

per capita income that is, for the most 

recent period for which data are 

available, eighty (80) percent or less of 

the national average per capita income; 

or (iii) a ‘‘Special Need,’’ as determined 

by EDA and as discussed in section VII. 

of the FFO announcement. See section 

301 of PWEDA (42 U.S.C. 3161) and 13 

CFR 301.3(a). 

Cost Sharing Requirement: Generally, 

the amount of the EDA grant may not 

exceed fifty (50) percent of the total cost 

of the project. Projects may receive an 

additional amount that shall not exceed 

thirty (30) percent, based on the relative 

needs of the region in which the project 

will be located, as determined by EDA. 

See section 204(a) of PWEDA (42 U.S.C. 

3144) and 13 CFR 301.4(b)(1). 

In the case of EDA investment 

assistance to a(n) (i) Indian Tribe, (ii) 

State (or political subdivision of a State) 

that the Assistant Secretary determines 

has exhausted its effective taxing and 

borrowing capacity, or (iii) non-profit 

organization that the Assistant Secretary 

determines has exhausted its effective 

borrowing capacity, the Assistant 

Secretary has the discretion to establish 

a maximum EDA investment rate of up 

to one hundred (100) percent of the total 

project cost. See sections 204(c)(1) and 

(2) of PWEDA (42 U.S.C. 3144) and 13 

CFR 301.4(b)(5). Potential applicants 

should contact the appropriate EDA 

regional office listed above under 

‘‘Addresses and Telephone Numbers for 

EDA’s Regional Offices’’ to present 

information for EDA’s consideration. 

While cash contributions are 

preferred, in-kind contributions, 

consisting of contributions of space, 

equipment, or services, or forgiveness or 

assumptions of debt, may provide the 

required non-Federal share of the total 

project cost. See section 204(b) of 

PWEDA (42 U.S.C. 3144). EDA will 

fairly evaluate all in-kind contributions, 

which must be eligible project costs and 

meet applicable Federal cost principles 

and uniform administrative 

requirements. Funds from other Federal 

financial assistance awards are 

considered matching share funds only if 

authorized by statute, which may be 

determined by EDA’s reasonable 

interpretation of the statute. See 13 CFR 

300.3. The applicant must show that the 

matching share is committed to the 

project for the project period, will be 

available as needed and is not 

conditioned or encumbered in any way 

that precludes its use consistent with 

the requirements of EDA investment 

assistance. See 13 CFR 301.5. 

Intergovernmental Review: 

Applications for assistance under EDA’s 

programs are subject to the State review 

requirements imposed by Executive 

Order 12372, ‘‘Intergovernmental 

Review of Federal Programs.’’ To find 

out more about a State’s process under 

Executive Order 12372, applicants may 

contact their State’s Single Point of 

Contact (SPOC). Names and addresses of 

some States’ SPOCs are listed at http:// 

www.whitehouse.gov/omb/grants/ 

spoc.html. 

Evaluation and Selection Procedures: 

Each application package is circulated 

by a project officer within the applicable 

EDA regional office for review and 

comments. After all necessary 

information has been obtained, the 

application is considered by the 

regional office’s investment review 

committee (IRC), which is comprised of 

regional office staff. The IRC discusses 

the application and evaluates it on two 

levels to (i) determine if it meets the 

program-specific award and application 

requirements provided in 13 CFR 305.2 

for Public Works investments, or 13 CFR 

307.2 and 307.4 for Economic 

Adjustment Assistance; and (ii) evaluate 

each application using the general 

evaluation criteria set out in 13 CFR 

301.8. These general evaluation criteria 

also are provided below under 

‘‘Evaluation Criteria.’’ 

The IRC recommends to the Regional 

Director whether an application merits 

further consideration, documenting its 

recommendation. For quality control 

assurance, EDA Headquarters reviews 

the IRC’s analysis of the project’s 

fulfillment of the investment policy 

guidelines set out below under 

‘‘Evaluation Criteria.’’ After receiving 

quality control clearance, the Selecting 

Official, who is the Regional Director, 

considers the evaluations provided by 

the IRC and the degree to which one or 

more of the funding priorities provided 

below are included, in making a 

decision as to which applications merit 

further consideration. 

To limit the burden on the applicant, 

EDA requests additional documentation 

only if EDA determines that the 

applicant’s project merits further 

consideration. The Form ED–900 

provides detailed guidance on 

documentation, information, and other 

materials that will be requested if, and 

only if, EDA selects the project for 

further consideration. EDA will inform 

the applicant if its application has been 

selected for further consideration or if 

the application has not been selected for 

funding. Unsuccessful applications will 

be retained in the EDA regional office in 

accordance with EDA’s record retention 

schedule. 

Evaluation Criteria: EDA will select 

applications competitively based on the 

investment policy guidelines and 

funding priority considerations listed 

below. EDA will evaluate the extent to 

10236 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 

which a project embodies the maximum 

number of investment policy guidelines 

and funding priorities possible and 

strongly exemplifies at least one of each. 

All investment applications will be 

competitively evaluated primarily on 

their ability to satisfy one (1) or more of 

the following investment policy 

guidelines, each of which are of 

equivalent weight and also are set forth 

in 13 CFR 301.8. 

1. Be market-based and results driven. 

An EDA investment will capitalize on a 

region’s competitive strengths and will 

positively move a regional economic 

indicator measured on EDA’s Balanced 

Scorecard, such as: An increased 

number of higher-skill, higher-wage 

jobs; increased tax revenue; or increased 

private sector investment. 

2. Have strong organizational 

leadership. An EDA investment will 

have strong leadership, relevant project 

management experience, and a 

significant commitment of human 

resources talent to ensure a project’s 

successful execution. 

3. Advance productivity, innovation 

and entrepreneurship. An EDA 

investment will embrace the principles 

of entrepreneurship, enhance regional 

industry clusters, and leverage and link 

technology innovators and local 

universities to the private sector to 

create the conditions for greater 

productivity, innovation, and job 

creation. 

4. Look beyond the immediate 

economic horizon, anticipate economic 

changes, and diversify the local and 

regional economy. An EDA investment 

will be part of an overarching, long-term 

comprehensive economic development 

strategy that enhances a region’s success 

in achieving a rising standard of living 

by supporting existing industry clusters, 

developing emerging new clusters, or 

attracting new regional economic 

drivers. 

5. Demonstrate a high degree of local 

commitment by exhibiting: 

• High levels of local government or 

non-profit matching funds and private 

sector leverage; 

• Clear and unified leadership and 

support by local elected officials; and 

• Strong cooperation between the 

business sector, relevant regional 

partners and local, State and Federal 

governments. 

Funding Priorities: Priority 

consideration will be given to areas of 

the Nation that have experienced 

sudden and severe economic dislocation 

and job loss due to corporate 

restructuring. In addition, successful 

applications must meet one or more of 

the following core criteria (investment 

applications that meet more than one 

core criterion will be given more 

favorable consideration): 

1. Investments in support of longterm, coordinated and collaborative 

regional economic development 

approaches: 

• Establish comprehensive regional 

economic development strategies that 

identify promising opportunities for 

long-term economic growth. 

• Exhibit demonstrable, committed 

multi-jurisdictional support from 

leaders across all sectors: 

i. Public (e.g., mayors, city councils, 

county executives, senior State 

leadership); 

ii. Institutional (e.g., institutions of 

higher learning); 

iii. Non-profit (e.g., chambers of 

commerce, development organizations); 

and 

iv. Private (e.g., leading regional 

businesses, significant regional industry 

associations). 

• Generate quantifiable positive 

economic outcomes. 

• Make a persuasive case that the 

project would not have occurred ‘‘but 

for’’ EDA’s investment assistance (e.g., a 

project in which EDA’s assistance 

represents a substantial share of the 

total public infrastructure investment 

and which are unlikely to attract public 

investment absent specific and discrete 

EDA involvement). 

2. Investments that support 

innovation and competitiveness: 

• Develop and enhance the 

functioning and competitiveness of 

leading and emerging industry clusters 

in an economic region. 

• Advance technology transfer from 

research institutions to the commercial 

marketplace. 

• Bolster critical infrastructure (e.g., 

transportation, communications, 

specialized training) to prepare 

economic regions to compete in the 

world-wide marketplace. 

• Leverage local partnerships and 

other Federal programs (e.g., Economic 

Development District Organizations, 

Trade Adjustment Assistance Centers, 

Small Business Development Centers, 

Federally authorized regional economic 

development commissions, University 

Centers, the U.S. Department of Labor’s 

Workforce Innovation in Regional 

Economic Development (WIRED) 

initiative) that increase the project’s 

probability of success, as well as its 

probability of bringing substantial 

benefits to the distressed community in 

which it is located. 

3. Investments that encourage 

entrepreneurship: 

• Cultivate a favorable 

entrepreneurial environment consistent 

with regional strategies. 

• Enable economic regions to identify 

innovative opportunities, including use 

of business incubators, to promote 

growth-oriented small and medium-size 

enterprises. 

• Promote community and faithbased entrepreneurship programs aimed 

at improving economic performance in 

an economic region. 

• Link the economic benefits of the 

project to the distressed community in 

which it is located. 

4. Investments that support strategies 

that link regional economies with the 

global marketplace: 

• Enable businesses and local 

governments to understand that ninetyfive (95) percent of our potential 

customers do not live in the United 

States. 

• Enable businesses, local 

governments and key institutions (e.g., 

institutions of higher education) to 

understand and take advantage of the 

numerous free trade agreements. 

• Enable economic development 

professionals to develop and implement 

strategies that reflect the competitive 

environment of the 21st Century global 

marketplace. 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements: 

The administrative and national policy 

requirements for all Department of 

Commerce awards, contained in the 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements, published 

in the Federal Register on February 11, 

2008 (73 FR 7696), are applicable to this 

solicitation. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Form ED–900 (Application for 

Investment Assistance) has been 

approved by the Office of Management 

and Budget (OMB) under the Control 

Number 0610–0094. The use of Forms 

SF–424 (Application for Financial 

Assistance), SF–424A (Budget 

Information—Non-Construction 

Programs), SF–424B (Assurances—NonConstruction Programs), SF–424C 

(Budget Information—Construction 

Programs), and SF–424D (Assurances— 

Construction Programs) has been 

approved under OMB Control Numbers 

4040–0004, 0348–0044, 4040–0007, 

4040–0008, and 4040–0009, 

respectively. The Form CD–346 

(Applicant for Funding Assistance) is 

approved under OMB Control Number 

0605–0001, and Form SF–LLL 

(Disclosure of Lobbying Activities) is 

approved under OMB Control Number 

0348–0046. Notwithstanding any other 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 10237 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection of information displays a 

currently valid OMB Control Number. 

Executive Order 12866 (Regulatory 

Planning and Review): This notice has 

been determined to be not significant for 

purposes of Executive Order 12866. 

Executive Order 13132 (Federalism): 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comments 

are not required by the Administrative 

Procedure Act or any other law for rules 

concerning grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: March 5, 2009. 

Dennis Alvord, 

Acting Deputy Assistant Secretary for 

Economic Development and Chief Operating 

Officer. 

[FR Doc. E9–5081 Filed 3–9–09; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Order No. 1607] 

Approval of Manufacturing Authority, 

Foreign–Trade Zone 76, Bridgeport, 

CT, Derecktor Shipyards Conn., LLC 

(Shipbuilding) 

Pursuant to its authority under the 

Foreign–Trade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u) (the Act), the 

Foreign–Trade Zones Board (the Board) 

adopts the following Order: 

Whereas, the Bridgeport Port 

Authority, grantee of FTZ 76, has 

requested authority under Section 

400.28 (a)(2) of the Board’s regulations 

on behalf of Derecktor Shipyards Conn., 

LLC, to construct and repair passenger 

vessels under FTZ procedures within 

FTZ 76 Site 4, Bridgeport, Connecticut 

(FTZ Docket 25–2008, filed 4–23–2008); 

Whereas, the proposed shipbuilding 

and repair activity would be subject to 

the ‘‘standard shipyard restriction’’ (full 

customs duties paid on steel mill 

products); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (73 FR 24219, 5–2–2008); 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and the 

Board’s regulations would be satisfied, 

and that approval of the application 

would be in the public interest; 

Now, therefore, the Board hereby 

grants authority for the construction and 

repair of passenger vessels within FTZ 

76 for Derecktor Shipyards Conn., LLC, 

as described in the application and 

Federal Register notice, subject to the 

Act and the Board’s regulations, 

including Section 400.28, and the 

following special conditions: 

1. Any foreign steel mill product 

admitted to FTZ 76 for the DSC 

activity, including plate, angles, 

shapes, channels, rolled steel stock, 

bars, pipes and tubes, not 

incorporated into merchandise 

otherwise classified, and which is 

used in manufacturing, shall be 

subject to customs duties in 

accordance with applicable law, 

unless the Executive Secretary 

determines that the same item is not 

then being produced by a domestic 

steel mill. 

2. DSC shall meet its obligation under 

15 CFR § 400.28(a)(3) by annually 

advising the Board’s Executive 

Secretary as to significant new 

contracts with appropriate 

information concerning foreign 

purchases otherwise dutiable, so that 

the Board may consider whether any 

foreign dutiable items are being 

imported for manufacturing in the 

zone primarily because of FTZ 

procedures and whether the Board 

should consider requiring customs 

duties to be paid on such items. 

3. All foreign–origin mooring lines 

(HTSUS 5607.50) and linens (HTSUS 

Heading 6302) must be admitted to 

the zone in privileged foreign status 

(19 CFR § 146.41) or domestic (duty– 

paid) status (19 CFR § 146.43). 

Signed at Washington, DC, this 26th 

day of February 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary of Commerce for 

Import Administration, Alternate Chairman, 

Foreign–Trade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–5100 Filed 3–9–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Order No. 1608] 

Grant of Authority for Subzone Status, 

Wolverine World Wide, Inc. (Footwear 

and Apparel), Rockford, Cedar Springs 

and Howard City, MI 

Pursuant to its authority under the 

Foreign–Trade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the Foreign– 

Trade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Foreign–Trade Zones 

Act provides for ‘‘...the establishment... 

of foreign–trade zones in ports of entry 

of the United States, to expedite and 

encourage foreign commerce, and for 

other purposes,’’ and authorizes the 

Foreign–Trade Zones Board to grant 

qualified corporations the privilege of 

establishing foreign–trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR Part 400) provide for the 

establishment of special–purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in 

significant public benefit and is in the 

public interest; 

Whereas, the Kent–Ottawa-Muskegon 

Foreign Trade Zone Authority, grantee 

of Foreign–Trade Zone 189, has made 

application to the Board for authority to 

establish a special–purpose subzone at 

the footwear and apparel distribution 

and processing facilities of Wolverine 

World Wide, Inc., located in Rockford, 

Cedar Springs and Howard City, 

Michigan (FTZ Docket 47–2008, filed 8/ 

25/08); 

Whereas, notice inviting public 

comment was given in the Federal 

Register (73 FR 51440, 9/03/08); and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and the 

Board’s regulations are satisfied, and 

that approval of the application would 

be in the public interest; 

Now, therefore, the Board hereby 

grants authority for subzone status for 

activity related to footwear and apparel 

distribution and processing at the 

facilities of Wolverine World Wide, Inc., 

located in Rockford, Cedar Springs and 

Howard City, Michigan (Subzone 189C), 

as described in the application and 

Federal Register notice, and subject to 

the FTZ Act and the Board’s regulations, 

including Section 400.28.