Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations 18463 

Luxembourg, Malta, Netherlands, Norway, 

Poland, Portugal, Romania, Singapore, 

Slovak Republic, Slovenia, Spain, Sweden, 

Switzerland, and United Kingdom. 

The Free Trade Agreements and the 

respective Parties to the agreements are: 

(1) Dominican Republic-Central AmericaUnited States Free Trade Agreement (DR– 

CAFTA): Costa Rica, Dominican Republic, El 

Salvador, Guatemala, Honduras, and 

Nicaragua; 

(2) North American Free Trade Agreement 

(NAFTA): Canada and Mexico; 

(3) United States-Australia Free Trade 

Agreement (U.S.-Australia FTA); 

(4) United States-Bahrain Free Trade 

Agreement (U.S.-Bahrain FTA); 

(5) United States-Chile Free Trade 

Agreement (U.S.-Chile FTA); 

(6) United States-Israel Free Trade 

Agreement (U.S.-Israel FTA); 

(7) United States-Morocco Free Trade 

Agreement (U.S.-Morocco FTA); 

(8) United States-Oman Free Trade 

Agreement (U.S.-Oman FTA); 

(9) United States-Peru Trade Promotion 

Agreement (U.S.-Peru TPA); and 

(10) United States-Singapore Free Trade 

Agreement (U.S.-Singapore FTA). 

United States-European Communities 

Exchange of Letters (May 30, 1995) (U.S.-EC 

Exchange of Letters) applies to EC Member 

States: Austria, Belgium, Bulgaria, Cyprus, 

Czech Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, Ireland, 

Italy, Latvia, Lithuania, Luxembourg, Malta, 

Netherlands, Poland, Portugal, Romania, 

Slovak Republic, Slovenia, Spain, Sweden, 

and United Kingdom. 

Subpart C—Wage Rate Requirements 

Under Section 1606 of the American 

Recovery and Reinvestment Act of 

2009 

§ 176.180 Procedure. 

The award official shall insert the 

standard award term in this Subpart in 

all awards funded in whole or in part 

with Recovery Act funds. 

§ 176.190 Award term—Wage Rate 

Requirements under Section 1606 of the 

Recovery Act. 

When issuing announcements or 

requesting applications for Recovery Act 

programs or activities that may involve 

construction, alteration, maintenance, or 

repair the agency shall use the award 

term described in the following 

paragraphs: 

(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 title 40, United States 

Code. 

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 or repair 

(including painting and decorating). 

(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 Number 14. 

Subpart D—Single Audit Information 

for Recipients of Recovery Act Funds 

§ 176.200 Procedure. 

The award official shall insert the 

standard award term in this Subpart in 

all awards funded in whole or in part 

with Recovery Act funds. 

§ 176.210 Award term—Recovery Act 

Transactions listed in Schedule of 

Expenditures of Federal Awards and 

Recipient Responsibilities for Informing 

Subrecipients. 

The award term described in this 

section shall be used by agencies to 

clarify recipient responsibilities 

regarding tracking and documenting 

Recovery Act expenditures: 

(a) To maximize the transparency and 

accountability of funds authorized 

under the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5) (Recovery Act) as required by 

Congress and in accordance with 2 CFR 

215.21 ‘‘Uniform Administrative 

Requirements for Grants and 

Agreements’’ and OMB Circular A–102 

Common Rules provisions, recipients 

agree to maintain records that identify 

adequately the source and application of 

Recovery Act funds. OMB Circular A– 

102 is available at http:// 

www.whitehouse.gov/omb/circulars/ 

a102/a102.html. 

(b) For recipients covered by the 

Single Audit Act Amendments of 1996 

and OMB Circular A–133, ‘‘Audits of 

States, Local Governments, and NonProfit 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. OMB Circular A– 

133 is available at http:// 

www.whitehouse.gov/omb/circulars/ 

a133/a133.html. 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 subrecipient, and 

document at the time of subaward 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 subrecipients 

shall distinguish the subawards of 

incremental Recovery Act funds from 

regular subawards under the existing 

program. 

(d) Recipients agree to require their 

subrecipients to include on 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 subrecipient 

expenditure of ARRA funds as well as 

oversight by the Federal awarding 

agencies, Offices of Inspector General 

and the Government Accountability 

Office. 

[FR Doc. E9–9073 Filed 4–22–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 984 

[Doc. No. AO–192–A7; AMS–FV–07–0004; 

FV06–984–1 C] 

Walnuts Grown in California; Order 

Amending Marketing Order No. 984; 

Correcting Amendment 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule; correcting 

amendment. 


rwilkins on PROD1PC63 with RULES
18464 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations 

SUMMARY: The Agricultural Marketing 

Service published a final rule in the 

Federal Register on March 3, 2008 (73 

FR 11328). The document implemented 

amendments to the California walnut 

marketing order. However, that 

document inadvertently omitted a 

change that would make the term of 

office for California Walnut Board 

(Board) members correspond with the 

time period prescribed for the Board’s 

marketing year. This correcting 

amendment changes the term of office of 

Board members from July 1 through 

June 30 to September 1 through August 

31 to correspond with the Board’s 

marketing year. 

DATES: Effective Date: April 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Schmaedick, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Northwest Marketing Field Office, 

Portland, Oregon 97204; Telephone: 

(503) 326–2724, Fax: (503) 326–2724, or 

e-mail: 

Melissa.Schmaedick@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or e-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides a correcting 

amendment to Marketing Order 984, as 

amended, (7 CFR part 984), regulating 

the handling of walnuts grown in 

California, hereinafter referred to as the 

‘‘order.’’ 

A Secretary’s Decision and 

Referendum Order was published in the 

July 13, 2007, Federal Register (72 FR 

38498). That document proposed 

several amendments to the order, 

including changing the term of office of 

Board members from July 1 through 

June 30, to September 1 through August 

31 so the term of office would 

correspond with the proposed change to 

the marketing year defined in the order. 

That document also directed that a 

referendum be held among producers to 

determine if they supported the 

proposed changes. In referendum, 

producers approved the proposed 

changes. 

A final rule establishing an Order 

Amending Marketing Order No. 984 was 

issued in the Federal Register on March 

4, 2008 (73 FR 11328). That document 

included amendments approved by 

producers in referendum, but omitted 

the amendment to change the term of 

office of Board members. This action 

corrects the amended order to include 

the change that was omitted. 

List of Subjects in 7 CFR Part 984 

Marketing agreements, Nuts, 

Reporting and recordkeeping 

requirements, Walnuts. 

■ Accordingly, 7 CFR part 984 is 

amended by making the following 

correcting amendment: 

PART 984—WALNUTS GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 984 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 984.36 is revised to read as 

follows: 

§ 984.36 Term of office. 

The term of office for Board members 

and their alternates shall be for a period 

of two years ending on August 31 of 

odd-numbered years, but they shall 

serve until their respective successors 

are selected and have qualified. 

Dated: April 17, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–9289 Filed 4–22–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1209 

[Document Number AMS–FV–09–0019; FV– 

09–703] 

Mushroom Promotion, Research, and 

Consumer Information Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Agricultural Marketing 

Service (AMS) published a final rule in 

the Federal Register on July 20, 1992, 

on the Mushroom Promotion, Research, 

and Consumer Information Order 

(Order) referendum procedures. This 

rule established procedures for the 

conduct of a referendum to determine if 

producers and importers favored 

implementation of the Order. The 

procedures also apply to any subsequent 

referenda to amend, continue, or 

terminate the Order. As written, 

language to amend, suspend, or 

terminate the program was 

inadvertently omitted from the 

procedures. This document corrects that 

omission. 

DATES: Effective Date: April 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, AMS, U.S. 

Department of Agriculture, 1400 

Independence Avenue, SW., Room 

0632, Stop 0244, Washington, DC 

20250–0244; telephone: (202) 720–9915 

or (888) 720–9917 (toll free); or 

facsimile: (202) 205–2800; or e-mail: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects 7 CFR part 1209 by 

incorporating the words amendments, 

suspension, or termination for 

referendum procedures in the Order. 

List of Subjects in 7 CFR Part 1209 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mushroom promotion, Reporting and 

recordkeeping requirements. 

■ Accordingly, 7 CFR part 1209 is 

amended by making the following 

correcting amendment: 

PART 1209—MUSHROOM 

PROMOTION, RESEARCH, AND 

CONSUMER INFORMATION ORDER 

Subpart C—Procedure for the Conduct 

of Referenda in Connection With the 

Mushroom Promotion, Research, and 

Consumer Information Order 

■ 1. The authority citation for 7 CFR 

part 1209 continues to read as follows: 

Authority: 7 U.S.C. 6101–6112; 7 U.S.C. 

7401. 

■ 2. Revise § 1209.300 to read as 

follows: 

§ 1209.300 General. 

A referendum to determine whether 

eligible producers and importers favor 

the amendment, continuation, 

suspension, or termination of the 

Mushroom Promotion, Research, and 

Consumer Information Order shall be 

conducted in accordance with these 

procedures. 

Dated: April 17, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–9290 Filed 4–22–09; 8:45 am] 

BILLING CODE 3410–02–P 


rwilkins on PROD1PC63 with RULES