[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47581-47585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18794]


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DEPARTMENT OF COMMERCE

Economic Development Administration

[Docket No.: 0808071081-81082-01]


Solicitation of Proposals and Applications for the FY 2008 
Supplemental Appropriations Disaster Relief Opportunity Pursuant to Act 
of June 30, 2008, Public Law 110-252, 122 Stat. 2323 (2008)

AGENCY: Economic Development Administration (EDA), Department of 
Commerce.

ACTION: Notice and request for applications.

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SUMMARY: Pursuant to section 703 of the Public Works and Economic 
Development Act of 1965, as amended (42 U.S.C. 3233), EDA announces 
general policies and application procedures for the FY 2008 
Supplemental Appropriations Disaster Relief Opportunity. This 
investment assistance will help devise long-term economic redevelopment 
strategies and carry out implementation activities and public works 
projects to address economic development challenges in regions impacted 
by the Midwest storms and floods or other recent natural disasters.

DATES: Proposals (also known as pre-applications) are accepted on a 
continuing basis and applications are invited and processed as 
received. Generally, up to two months are required for EDA to reach a 
final decision after receipt of a complete application that meets all 
requirements. Proposals or applications (as appropriate) received after 
the date of publication of this notice will be processed in accordance 
with the requirements set forth herein until superseded by the terms of 
a federal funding opportunity (FFO) announcement posted on http://www.grants.gov and publication of the related notice in the Federal 
Register.
    Pre-Application and Application Submission Requirements: Proponents 
are advised to read carefully the instructions contained in the 
complete FFO announcement for this request for proposals and 
applications, and in the Pre-Application for Investment Assistance 
(Form ED-900P) and Application for Investment Assistance (Form ED-
900A). Please note that the requirements for the pre-application are 
different from the requirements for the application. It is the sole 
responsibility of the proponent to ensure that the pre-application or 
application (as appropriate) is complete and received by EDA. The 
content of the pre-application or the application (as appropriate) is 
the same for paper submissions as it is for electronic submissions. EDA 
will not accept facsimile transmissions of pre-applications or 
applications.
    For projects under this notice and request for proposals and 
applications, a pre-application normally is required. However, given 
the exigent circumstances that exist as a result of the Midwest storms 
and floods and other recent natural disasters, the EDA regional office 
may in some circumstances waive the pre-application requirement for 
applicants in those affected regions and allow those applicants to 
submit an application only (no pre-application). Therefore, please 
contact the appropriate EDA regional office listed below for 
instructions as to whether you need to complete a pre-application or an 
application. The regional office staff will provide application 
instructions.
    All relevant forms may be accessed and downloaded at the following 
Web sites: (i) Forms ED-900P and ED-900A at http://www.eda.gov/InvestmentsGrants/Application.xml; (ii) Standard Forms (SF) at either

[[Page 47582]]

www.grants.gov or at http://www.eda.gov/InvestmentsGrants/Application.xml; and (iii) Department of Commerce (CD) forms at http://ocio.os.doc.gov/ITPolicyandPrograms/Electronic_Forms/index.htm.
    Proponents are advised that in October 2008, EDA anticipates 
introducing a single-step application process that will obviate use of 
the current Forms ED-900P and ED-900A. At that time, EDA will publish 
new application procedures in line with the new single-step application 
in the Federal Register and will post information about those 
procedures at http://www.eda.gov.
    Addresses and Telephone Numbers for EDA's Regional Offices: If you 
have a project that will be located in one of the disaster-impacted 
regions declared under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) (Stafford Act), 
please contact the appropriate regional office listed below.

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, Marshall 
Islands, Micronesia, Nevada, Northern Mariana Islands, Oregon, Republic 
of Palau and Washington.

    Application Submission Formats: Pre-applications or applications 
may be submitted either (i) in paper (hardcopy) format at the 
applicable regional office address provided below; or (ii) 
electronically in accordance with the procedures provided on 
www.grants.gov.
    Paper Submissions: Under this competitive solicitation, a proponent 
may submit a completed pre-application or application (as appropriate) 
to the applicable regional office listed above under ``Addresses and 
Telephone Numbers for EDA's Regional Offices.'' A proponent advised by 
the regional office to complete a pre-application should download and 
print copies of the Form ED-900P and the Form SF-424 (Application for 
Federal Assistance) at http://www.eda.gov/InvestmentsGrants/Application.xml, complete Parts I, II and III of Form ED-900P and Form 
SF-424, and attach the project narrative statement requested in section 
IV.B.1. of the FFO announcement. The narrative statement should be 
clearly labeled to identify each addressed topic listed in section 
IV.B.1. of the FFO announcement. A proponent advised to complete an 
application should follow the instructions provided by the regional 
office at the time it is so advised.
    Proponents choosing this option must submit one (1) original and 
two (2) copies of the completed pre-application or application (as 
appropriate) 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, 
proponents who wish to submit paper applications are advised to use 
guaranteed overnight delivery services.
    Electronic Submissions: Proponents may submit pre-applications or 
applications (as appropriate) electronically in accordance with the 
instructions provided by the EDA regional office and the instructions 
provided at http://www.grants.gov/applicants/apply_for_grants.jsp. 
The preferred file format for electronic attachments (e.g., the project 
narrative statement and exhibits to Form ED-900P) is portable document 
format (PDF); however, EDA will accept electronic files in Microsoft 
Word, WordPerfect, Lotus or Excel formats.
    Applicants should access the following link for assistance in 
navigating 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 ``Applicant FAQS'' at http://www.grants.gov/applicants/applicant_faqs.jsp, try consulting the 
Applicant User Guide. If you still cannot find an answer to your 
question, contact www.grants.gov via e-mail at <a href="/cdn-cgi/l/email-protection#ed9e989d9d829f99ad8a9f8c83999ec38a829b"><span class="__cf_email__" data-cfemail="2c5f595c5c435e586c4b5e4d42585f024b435a">[email protected]</span></a> or 
telephone at 1-800-518-4726. The hours of operation for www.grants.gov 
are Monday-Friday, 7 a.m. to 9 p.m. (ET) (except for Federal holidays).

FOR FURTHER INFORMATION CONTACT: For additional information or for a 
paper copy of the complete FFO announcement, contact the appropriate 
EDA regional office listed above. EDA's Internet Web site at 
www.eda.gov also contains additional information on EDA and its 
programs.

SUPPLEMENTARY INFORMATION:
    Background Information: With funding made available through the 
Supplemental Appropriations Disaster Relief Opportunity, EDA intends to 
award investments in regions experiencing severe economic distress as a 
result of flooding, storms or tornadoes such as those experienced in 
the Midwest, or other recent natural disasters. Pursuant to this 
notice, EDA solicits proposals and applications for Economic Adjustment 
Assistance investments under the Public Works and Economic Development 
Act of 1965, as amended (PWEDA) (42 U.S.C. 3121 et seq.). Through the 
Economic Adjustment Assistance program (CFDA No. 11.307), selected 
applicants will utilize EDA's flexible set of program tools to develop 
and implement on a regional basis long-term economic redevelopment 
strategies for the recently disaster-impacted regions in the United 
States.
    The Economic Adjustment Assistance program can provide a wide range 
of technical, planning and infrastructure assistance in regions 
experiencing adverse economic changes that may occur suddenly or over 
time. This program is designed to respond

[[Page 47583]]

adaptively to pressing economic recovery issues, and is well suited to 
help address challenges such as those faced by the regions affected by 
the Midwest storms and floods and other recent natural disasters. 
Assistance can support development of a strategy (through a ``strategy 
grant'') to alleviate economic dislocation caused by the disaster or 
support project implementation (through an ``implementation grant''), 
such as funding improvements for infrastructure.
    EDA recognizes that urgent infrastructure rebuilding needs exist 
throughout the regions affected by recent natural disasters. In 
addition, tensions often arise in the wake of a disaster between 
advocates of immediate infrastructure rebuilding and advocates of 
rebuilding infrastructure pursuant to a long-term redevelopment 
strategy. In EDA's experience with post-disaster recovery, the most 
effective long-term infrastructure rebuilding efforts are based on a 
long-term development or redevelopment strategy, established either 
before or after the disaster. For this reason, EDA encourages the 
submission of applications geared to the development and implementation 
of long-term, regionally-based, collaborative economic redevelopment 
strategies. In addition, EDA will regard applications for 
infrastructure that are substantively supported by such a strategy as 
more competitive and worthy of funding than applications for 
infrastructure that are not so supported. Applications for rebuilding 
damaged infrastructure that are not demonstrably supported by a long-
term plan will not be viewed as competitive. EDA will evaluate and 
select applications according to the information set out below under 
``Evaluation Criteria.''
    This notice and request for proposals and applications is pursuant 
to Act of June 30, 2008, Public Law 110-252, 122 Stat. 2323 (2008). 
Please access the separate FFO announcement posted at www.grants.gov on 
February 21, 2008 for information regarding funding priorities, 
application and selection processes, time frames and evaluation 
criteria for EDA's regular Economic Adjustment Assistance and Public 
Works investments, which are funded under the FY 2008 Consolidated 
Appropriations Act (Pub. L. 110-161, 121 Stat. 1844 (2007)). Additional 
information may be found on EDA's Internet Web site at http://www.eda.gov. EDA will evaluate and select applications according to the 
information set forth below under ``Evaluation Criteria'' and ``Funding 
Priorities'' and in section V. of the FFO announcement.
    Electronic Access: The complete FFO announcement for the FY 2008 
Supplemental Appropriations Disaster Relief Opportunity is available at 
www.grants.gov and at http://www.eda.gov.
    Funding Availability: Under the Act of June 30, 2008, Public Law 
110-252, 122 Stat. 2323 (2008), EDA received $100,000,000 as a 
supplemental appropriation for disaster assistance (Disaster 
Appropriation). Although the impetus for this appropriation was the 
storms and flooding experienced this year in the Midwest region of the 
United States, the law establishes that the funds must be used in 
regions covered by a major disaster declaration under the Stafford Act, 
``as a result of recent natural disasters.'' For purposes of this 
competitive solicitation, EDA interprets ``recent'' to mean disaster 
declarations starting January 1, 2008 for incident periods occurring 
through June 30, 2008, the date of enactment of the Disaster 
Appropriation.
    As set out below, EDA will allocate funds for the Supplemental 
Appropriations Disaster Relief Opportunity from the Disaster 
Appropriation among its six regional offices, located in Atlanta, 
Austin, Chicago, Denver, Philadelphia and Seattle. See also section 
II.B. of the FFO announcement. The funds are provided for the necessary 
expenses related to the following three activities: (i) Disaster 
relief; (ii) long-term recovery; and (iii) restoration of 
infrastructure.

Approximate Allocation per Regional Office:
    Atlanta Regional Office--$8.8
    Austin Regional Office--$13.8
    Chicago Regional Office--$21.4
    Denver Regional Office--$52.6
    Philadelphia Regional Office--$2.3
    Seattle Regional Office--$1.0

    At a later date, EDA may adjust the allocation to the regional 
offices, based on its experience in administering the supplemental 
appropriation to ensure funds are used to maximum effect, or to adjust 
to unforeseen changes in recovery efforts.
    Statutory Authority: The statutory authority for the Economic 
Adjustment Assistance program is section 209 of PWEDA (42 U.S.C. 3149). 
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). EDA's regulations and PWEDA are 
available at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.
    Catalog of Federal Domestic Assistance (CFDA) Number: 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.
    EDA is not authorized to provide grants directly to individuals or 
to for-profit entities seeking to start or expand a private business. 
Such requests may be referred to State or local agencies, or to non-
profit economic development organizations.
    For the Supplemental Appropriations Disaster Relief Opportunity, 
EDA will consider proposals or applications (as appropriate) submitted 
by eligible applicants located in or acting on behalf of the disaster-
affected regions, including one or more institutions of higher 
education; one or more of the States, cities or other units of local 
government; and economic development organizations, including but not 
limited to regional multi-jurisdictional District Organizations and 
public or private non-profit organizations working in cooperation with 
private for-profit organizations, local businesses and industry 
leaders.
    Economic Distress Criteria: Pursuant to the Disaster Appropriation, 
regional eligibility is predicated upon the Presidential declarations 
of disaster areas and/or disaster declarations issued by the Federal 
Emergency Management Agency (FEMA), as listed in section III.B. of the 
FFO announcement.
    Cost Sharing Requirement: As stated above, the disaster 
declarations issued by FEMA provide EDA with the requisite 
determination of eligibility under section 703 of PWEDA (42 U.S.C. 
3233). Similar to the cost-sharing required under that Act, EDA expects 
to fund seventy-five (75) percent of the eligible cost of such 
assistance. The remaining twenty-five (25) percent must be borne by the 
recipient or provided to

[[Page 47584]]

the recipient by a third-party as a contribution for the purposes of 
and subject to the terms of the award. In accordance with statutory 
authority under section 703 of PWEDA (42 U.S.C. 3233), EDA may, in 
certain instances, increase the investment rate up to a maximum of one 
hundred (100) percent. EDA will be particularly inclined to fund the 
regional strategy grants (as mentioned under ``Background Information'' 
above) at an investment rate of one hundred (100) percent. In 
determining whether to increase the federal share above seventy-five 
(75) percent, EDA will consider whether the applicant has exhausted its 
effective taxing or borrowing capacity, or other indicia of dire need. 
Therefore, the applicant must include a narrative that fully describes 
and defines the ``region'' in which the proposed project will be 
located and is responsible for demonstrating to EDA, by providing 
statistics and other appropriate information, the nature and level of 
economic distress in the region. See section IV.B.1. of the FFO 
announcement for information regarding the project narrative.
    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: Proposals or applications for assistance 
under EDA's programs are subject to the State review requirements 
imposed by Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''
    Evaluation and Selection Procedures: EDA's six regional offices 
conduct all pre-application and application review for EDA's Economic 
Adjustment Assistance investments. Each pre-application or application 
(as appropriate) is circulated by a project officer within the 
applicable EDA regional office for review and comments. When the 
necessary input and information are obtained, the pre-application or 
application (as appropriate) is considered by the regional office's 
investment review committee (IRC), which is comprised of regional 
office staff. The IRC discusses the pre-application or application (as 
appropriate) and evaluates it (i) using the general evaluation criteria 
set forth in 13 CFR 301.8; and (ii) to determine if it meets the 
program-specific award and application requirements provided in 13 CFR 
307.2 and 307.4 for Economic Adjustment Assistance. The general 
evaluation criteria also are provided below under ``Evaluation 
Criteria.''
    In the case of a pre-application, after completing its evaluation, 
the IRC recommends to the Selecting Official, who is the Regional 
Director, whether an application should be invited, documenting its 
recommendation in meeting minutes or in the investment summary or the 
project proposal summary and evaluation form. The Selecting Official 
will consider the evaluations provided by the IRC and the degree to 
which one or more of the funding priorities provided below are 
included, in making the decision as to which proponents should be 
invited to submit formal applications for investment assistance.
    If a proponent is selected to submit a full application, the 
appropriate regional office will provide application materials and 
guidance in completing them. The proponent generally will have thirty 
(30) days to submit the completed application materials to the regional 
office. EDA staff will work with the proponent to resolve application 
deficiencies. EDA will notify the applicant if EDA accepts a completed 
application, and it is forwarded for final review and processing in 
accordance with EDA and Department of Commerce procedures.
    Unsuccessful proponents will be notified by postal mail that their 
proposals were not recommended for funding. Unsuccessful proposals will 
be retained in the EDA regional office in accordance with EDA's record 
retention schedule.
    Evaluation Criteria: EDA will select investment proposals or 
applications (as appropriate) competitively based on the investment 
policy guidelines and funding priority considerations listed below. EDA 
will evaluate the extent to 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 proposals or 
applications (as appropriate) 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:
    <bullet> High levels of local government or non-profit matching 
funds and private sector leverage;
    <bullet> Clear and unified leadership and support by local elected 
officials; and
    <bullet> Strong cooperation between the business sector, relevant 
regional partners and local, State and Federal governments.
    Funding Priorities: Although the Stafford Act declarations serve as 
a finding of regional economic distress for purposes of eligibility 
under this competitive solicitation, EDA will give priority to projects 
that will render the maximum amount of economic revitalization based on 
satisfaction of one or more of the following core criteria (investment 
proposals or applications that meet more than one

[[Page 47585]]

core criterion will be given more favorable consideration):
    1. Investments in support of long-term, coordinated and 
collaborative regional economic development approaches:
    <bullet> Establish comprehensive regional economic development 
strategies that identify promising opportunities for long-term economic 
growth.
    <bullet> 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).
    <bullet> Generate quantifiable positive economic outcomes.
    2. Investments that support innovation and competitiveness:
    <bullet> Develop and enhance the functioning and competitiveness of 
leading and emerging industry clusters in an economic region.
    <bullet> Advance technology transfer from research institutions to 
the commercial marketplace.
    <bullet> Bolster critical infrastructure (e.g., transportation, 
communications, specialized training) to prepare economic regions to 
compete in the world-wide marketplace.
    3. Investments that encourage entrepreneurship:
    <bullet> Cultivate a favorable entrepreneurial environment 
consistent with regional strategies.
    <bullet> Enable economic regions to identify innovative 
opportunities among growth-oriented small- and medium-size enterprises.
    <bullet> Promote community and faith-based entrepreneurship 
programs aimed at improving economic performance in an economic region.
    4. Support strategies that link regional economies with the global 
marketplace:
    <bullet> Enable businesses and local governments to understand that 
ninety-five (95) percent of our potential customers do not live in the 
United States.
    <bullet> Enable businesses, local governments and key institutions 
(e.g., institutions of higher education) to understand and take 
advantage of the numerous free trade agreements.
    <bullet> Enable economic development professionals to develop and 
implement strategies that reflect the competitive environment of the 
21st Century global marketplace.
    The Department of Commerce Pre-Award 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 competitive 
solicitation.
    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The use of Forms ED-900P (Pre-Application for Investment Assistance) 
and ED-900A (Application for Investment Assistance) has been approved 
by the Office of Management and Budget (OMB) under the control number 
0610-0094. The use of Form SF-424 (Application for Financial 
Assistance) has been approved under OMB control number 4040-0004. 
Notwithstanding any other 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: August 8, 2008.
Otto Barry Bird,
Chief Counsel, Economic Development Administration.
[FR Doc. E8-18794 Filed 8-13-08; 8:45 am]
BILLING CODE 3510-24-P


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