Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60773 

Dated: September 27, 2010. 

Tracey Denning, 

Agency Clearance Officer, U.S. Customs and 

Border Protection. 

[FR Doc. 2010–24636 Filed 9–30–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2008–0017] 

Voluntary Private Sector Accreditation 

and Certification Preparedness 

Program 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of PS-Prep Small 

Business Preparedness Plan; Request for 

Comment. 

SUMMARY: The Department of Homeland 

Security (DHS) announces an initial 

plan to address small business concerns 

in the Voluntary Private Sector 

Accreditation and Certification 

Preparedness Program (PS-Prep 

Program). This initial plan identifies the 

separate classifications and the methods 

of certification available for small 

businesses under the PS-Prep Program. 

The purpose of this notice is to (1) 

present the plan for small business 

preparedness, and (2) invite public 

comment on the plan. DHS will 

continue to refine this plan, and will 

take comments into consideration in 

doing so. 

Instructions: DHS will review any 

comments received for small business 

considerations or the PS-Prep Program 

generally and, when merited, will 

publish a Federal Register notice 

providing the results of that review. 

Those interested may submit 

comments, identified by Docket ID 

FEMA–2008–0017, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

(Note: This process applies to all 

government requests for comments— 

even though as in the case of PS-Prep, 

they may not be for regulatory 

purposes.) 

• Fax: 703–483–2999. 

• Mail/Hand Delivery/Courier: Office 

of Chief Counsel, Federal Emergency 

Management Agency, 500 C Street, SW., 

Room 840, Washington, DC 20472– 

3100. 

All submissions received must 

include the agency name and Docket ID 

FEMA–2008–0017. All submissions will 

be posted, without change, to the 

Federal eRulemaking Portal at http:// 

www.regulations.gov, and will include 

any personal information you provide. 

Because comments are made available 

to the public, submitters should take 

caution to not include any sensitive, 

personal information, trade secret, or 

any commercial or financial information 

which is obtained from any person and 

which is deemed privileged or 

confidential. Submitters may wish to 

read the Privacy Act notice available on 

the Privacy Notice link located at the 

bottom of http://www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Submitted 

comments may also be inspected at 

FEMA, Office of Chief Counsel, 500 C 

Street, SW., Room 840, Washington, DC 

20472. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Marcus Pollock, National Integration 

Center, National Preparedness 

Directorate, Protection and National 

Preparedness, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472. Phone: 202– 

646–2801 or E-mail: FEMA– 

NIMS@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Implementing 

Recommendations of the 9/11 

Commission Act of 2007, Congress in 

Public Law 110–53 (the 9/11 Act) 

mandated DHS to establish a voluntary 

private sector preparedness 

accreditation and certification program. 

This program, now known as the PSPrep Program, will assess whether a 

private sector entity voluntarily 

complies with one or more 

preparedness standards adopted by 

DHS. It will do so through a system of 

accreditation and certification 

developed by DHS in close coordination 

with the private sector. 

The 9/11 Act contains a provision, 

now codified at 6 U.S.C. 321m(b)(2)(D), 

which requires the PS-Prep Program to 

‘‘establish separate classifications and 

methods of certification for small 

business concerns* * *.’’ The 

definition of ‘‘small business concerns’’ 

is found in the Small Business 

Administration’s regulations at 13 CFR 

part 121, published in accordance with 

Section 3 of the Small Business Act (15 

U.S.C. 632). 

DHS published a notice in the Federal 

Register on December 24, 2008, 

describing DHS implementation of the 

PS-Prep Program, requesting comment 

on the PS-Prep Program and the target 

criteria for selecting preparedness 

standards, and requesting 

recommendations for standards that 

DHS should consider. See 73 FR 79140. 

After reviewing the responses to the 

December 2008 notice, DHS published a 

notice in the Federal Register on 

October 16, 2009, which proposed the 

adoption of three standards for use in 

the PS-Prep Program and sought public 

comment. See 74 FR 53286. After 

reviewing comments received, DHS 

published a notice formally adopting 

those three standards on June 16, 2010. 

See 75 FR 34148. 

DHS received additional information 

and comments about small business 

aspects of the PS-Prep Program through 

several public meetings in Washington, 

DC, 10 public meetings across the 

country, and multiple meetings with 

government agencies and organizations 

interested in preparedness and small 

business. These comments further 

defined small business and provided 

recommendations regarding appropriate 

considerations for separate 

classifications and methods for small 

business. 

A. DHS Standards Adoption for the PSPrep Program 

DHS announced formal adoption of 

the following three standards on June 

16, 2010 (PS-Prep standards). 

1. ASIS International, ‘‘Organizational 

Resilience: Security Preparedness, and 

Continuity Management Systems— 

Requirements with Guidance for Use,’’ 

ASIS SPC. 1–2009 (2009 Edition). 

2. British Standards Institution, 

‘‘Business Continuity Management Part 

1: Code of Practice for Business 

Continuity Management,’’ BS 25999–1: 

2006 (2006 Edition); and ‘‘Business 

Continuity Management Part 2: 

Specification for Business Continuity 

Management,’’ BS 25999–2: 2007 (2007 

Edition). 

3. National Fire Protection 

Association, ‘‘Standard on Disaster/ 

Emergency Management and Business 

Continuity Programs,’’ NPFA–1600 

(2007 and 2010 Editions). 

B. Initiation of the PS-Prep 

Accreditation and Certification Process 

With the formal adoption of the three 

PS-Prep standards, the American 

National Standards Institute—American 

Society for Quality (ANSI–ASQ) 

National Accreditation Board (ANAB), 

the designated PS-Prep accrediting 

body, will finalize its process for 

accrediting third-party certifying bodies 

(CBs) for the PS-Prep Program. 

Businesses may voluntarily choose to 

seek third-party certification through 


emcdonald on DSK2BSOYB1PROD with NOTICES
60774 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

CBs accredited by ANAB. See http:// 

www.anab.org/accreditation/ 

preparedness.aspx. 

C. Prior Solicitation of Comments 

Regarding Small Business Aspects 

DHS received information and 

comments about small business aspects 

of the PS-Prep Program from many 

sources. These comments further 

reflected the concerns of small 

businesses and provided suggestions 

regarding appropriate considerations for 

separate classifications and methods of 

certification for small business. 

Comments and suggestions included 

the following: 

• Include affordable methods for 

providing support for implementing 

preparedness appropriate for small 

businesses. 

• Provide a developmental model 

with progressive steps prior to thirdparty certification. 

• Provide education, tools, technical 

assistance, and methods for selfassessment as part of a developmental 

model. 

• Build on existing programs which 

use preparedness education and best 

practices. 

• Include outreach and education 

through multiple sources to provide 

education and technical support that is 

accessible and convenient for small 

business. 

• Include outreach through new and 

pre-existing networks to enhance 

awareness of the PS-Prep Program, its 

value, and ways to participate. 

The draft Program outlined in this 

notice addresses, in part, the comments, 

concerns, and suggestions received 

during PS-Prep outreach activities to 

date. 

II. PS-Prep Small Business 

Preparedness Plan 

Using the size standards found at 13 

CFR part 121 and authorized by 15 

U.S.C. 632, the vast majority of the 

commerce in the United States is 

represented by small businesses. 

According to the 2007 Economic 

Census, there are approximately 7.6 

million establishments with fewer than 

500 employees, and they employ 

approximately 96 million employees. 

U.S. society’s well-being depends on 

these businesses for goods and services. 

Should disaster strike, continued access 

to those services and products is an 

important part of recovery and 

resilience. 

The resources required to obtain 

third-party certification to one of the 

DHS-adopted preparedness standards 

may pose a challenge and potential 

barrier for many small businesses. In the 

9/11 Act, Congress recognized that 

differences in scale and resources 

require different strategies to effectively 

promote and implement preparedness 

for small businesses. Therefore, 

Congress directed DHS to ‘‘establish 

separate classifications and methods of 

certification for small business concerns 

* * *.’’ 

DHS is proposing to use three 

‘‘classifications’’ of businesses when 

determining eligibility for participation 

in the two ‘‘certification methods’’ (see 

below). Small business concerns 

referred to in the PS-Prep Program’s 

authorizing legislation are addressed 

through the creation of these 

classifications and through the 

provision of an additional, different 

method of certification, available only 

for small businesses and small not-forprofit concerns. Certification is the 

desired outcome of a formal process by 

which entities are assessed to determine 

their conformity to one or more of the 

PS-Prep standards. 

A. Classifications of Businesses for PSPrep 

The three classifications of private 

sector entities for the PS-Prep Program 

are: (1) Small businesses as defined in 

the Small Business Administration’s 

regulations at 13 CFR part 121, 

published in accordance with 15 U.S.C. 

632; (2) other non-governmental entities 

with fewer than 500 employees that do 

not meet the requirements of 13 CFR 

part 121 and 15 U.S.C. 632; and (3) all 

private sector entities. These 

classifications will be used to 

distinguish eligibility of entities 

participating in the two methods of 

certification available under the PS-Prep 

Program. 

For small businesses, 15 U.S.C. 632 

provides the criteria for establishing size 

standards and the definitions of terms 

used throughout the Small Business 

Act. The responsibility of establishing 

size standards is given to the 

Administrator of the Small Business 

Administration. The Administrator has 

defined small businesses through 

established numerical definitions, or 

‘‘size standards,’’ for all for-profit 

industries. The complete list of size 

standards can be found in the table at 

13 CFR 121.201, or see http:// 

www.sba.gov/contractingopportunities/ 

officials/size/table/index.html. 

Classification (2), as described above, 

is intended to capture those small, notfor-profit entities which fall outside of 

the for-profit based definition for small 

business as found in 15 U.S.C. 632 and 

13 CFR part 121. DHS recognizes that 

there are small not-for-profit entities 

which may also desire to achieve 

conformity with a DHS-adopted 

preparedness standard, but which face 

the same issues of limited resources and 

scale as small businesses. DHS has 

determined to enable these entities to 

participate in the PS-Prep Program, by 

creating classification (2) for not-forprofit entities with fewer than 500 

employees. DHS’s reasoning for 

choosing these qualifications is based 

on the Small Business Administration’s 

regulations at 13 CFR part 121, which 

identify 500 or fewer employees as a 

common size for small organizations. 

DHS will consider refining 

classification (2) to include a measure of 

gross receipts. A possible basis for this 

refinement would be the Internal 

Revenue Service’s gross receipts 

requirements for tax-exempt 501(c)(3) 

organizations eligible to file form 990– 

N (annual gross receipts less than or 

equal to $25,000), or form 990–EZ 

(annual gross receipts between $25,001 

and $500,000). Religious and other 

organizations exempt from filing and 

having fewer than 500 employees would 

still qualify to use the PS-Prep selfcertification method. DHS seeks 

comment on this proposed method of 

defining classification (2). 

Classification (3), all private sector 

entities, captures any private sector 

entity wishing to participate in the PSPrep Program. Therefore, a small 

business would qualify for both 

classification (1) and classification (3). 

However, those entities which do not 

meet the requirements for classifications 

(1) and (2) would be included only in 

classification (3). The purpose of these 

classifications is to qualify for 

participation in the two methods of 

certification available in the PS-Prep 

Program. 

B. Methods of Certification for PS-Prep 

There will exist two methods for 

certification under the PS-Prep Program: 

(1) Self-declaration of conformity, and 

(2) third-party certification. Entities that 

can be classified as (1) small businesses 

as defined in 13 CFR part 121, 

published in accordance with 15 U.S.C. 

632, or (2) other non-governmental 

entities with fewer than 500 employees, 

that do not meet requirements of 13 CFR 

part 121 and 15 U.S.C. 632, are eligible 

for both methods of certification. All 

other entities which do not meet the 

requirements for classifications (1) or (2) 

will be classified as (3), all private 

sector entities, and are only eligible for 

the third-party certification method. 

Although DHS has at this time 

identified the two methods of 

certification described herein, other 

methods will be examined and 

considered. DHS reserves the right to 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60775 

add other methods to the PS-Prep 

Program following future notice and 

opportunity for comment. 

Businesses that successfully conform 

to any DHS-adopted PS-Prep standard, 

as measured by one of the methods 

outlined in this notice, may receive 

recognition from DHS. The process for 

and type of recognition that may be 

provided are still under consideration 

and more information will be provided 

in subsequent announcements or 

notices. 

1. Self-Declaration of Conformity 

Any private sector entity that is a 

member of classifications (1) or (2) as 

described above may assess and attest to 

its conformity to one or more of the PSPrep standards. 

The self-declaration of conformity 

process will be similar to what is 

sometimes known as a manufacturer’s 

or supplier’s declaration of 

conformance. This is based on an 

accepted industry practice whereby 

manufacturers or suppliers formally 

declare that their products or services 

conform to relevant standards. DHS 

proposes that self-declaration will be 

based upon the International 

Organization for Standardization/ 

International Electrotechnical 

Commission (ISO/IEC) standard 

17050–1, ‘‘Conformity Assessment— 

Supplier’s Declaration Assessment— 

Supplier’s declaration of conformity— 

Part 1: General requirements’’ and ISO/ 

IEC standard 17050–2, ‘‘Conformity 

Assessment—Supplier’s declaration of 

conformity—Part 2: Supporting 

documentation.’’ Together, these parts of 

the standard specify general 

requirements for a supplier’s declaration 

of conformity in cases where conformity 

of an object to a specified requirement 

must be attested. 

In the United States, ISO/IEC standard 

17050–1 and 17050–2 are available for 

the respective fees of $49.00 and $37.00. 

To purchase, search the American 

National Standards Institute online 

store, at http://webstore.ansi.org/ 

default.aspx. In addition, FEMA will 

maintain a copy of the standard, and 

make it available upon request for 

viewing in person at FEMA’s reading 

room, located at 500 C Street, SW., 

Room 840, Washington, DC 20472. Due 

to licensing and copyright restrictions, 

however, these documents will be 

available for review only, not for 

copying. 

DHS is still considering the plan for 

management and oversight of the selfdeclaration of conformity process, and 

will provide more information through 

subsequent announcements or notices. 

DHS will consider other processes of 

self-declaration of conformity. One 

example may be a comprehensive, Webbased self-assessment that could include 

a document review of key business 

continuity protocols. 

2. Third-Party Certification 

Any private sector entity may 

undertake an independent, third-party 

validation that it conforms to one or 

more of the PS-Prep standards, using a 

certifying body (CB) that is accredited 

by ANAB. This is the general 

certification scheme outlined in PSPrep’s authorizing legislation. This 

process is notably more rigorous and 

measurable than self-declaration of 

conformity. Many CBs have a 

conformity assessment process that 

tailors to the needs and possible 

resource constraints of small businesses. 

Under this method, any entity is eligible 

to seek certification from an ANABaccredited CB. For more information, 

see the prior Federal Register notices 

referenced above and http:// 

www.anab.org/accreditation/ 

preparedness.aspx. 

C. Additional Small Business Support 

DHS recognizes that some small 

businesses may desire additional 

guidance and assistance to help them in 

achieving preparedness and to prepare 

for participating in a method of 

certification. Participation in such 

guidance and support activities is not 

required to participate in the PS-Prep 

Program. However, small businesses 

might find it useful as they seek 

conformance to one of the DHS-adopted 

preparedness standards. 

There are a number of public and 

private entities that provide programs 

and activities that support 

preparedness. These entities include 

academic institutions, community-based 

non-profit, and for-profit institutions 

that provide education, training, 

assessment and technical assistance to 

small business. DHS encourages the 

development of tools and programs that 

will assist small businesses in 

improving preparedness and reaching 

conformance to an adopted standard. 

Businesses may participate in a variety 

of preparedness related activities such 

as classroom or web-based courses, 

technical assistance to conduct a hazard 

and/or vulnerability assessments, or to 

establish governance or planning 

activities. 

DHS will develop guidance for small 

businesses based on public input from 

this Federal Register notice and other 

outreach activities. This guidance will 

assist small businesses in identifying 

organizations that can help them both 

improve their preparedness and 

potentially become certified to one of 

the DHS-adopted standards using one of 

the methods outlined herein. This 

guidance will include attributes that 

these organizations’ small business 

support activities have or should have. 

These attributes will be used by DHS to 

evaluate organizations that provide 

small business support services. For 

example, the organizations providing 

support to small businesses should have 

some or all of the elements listed below: 

• Demonstrated expertise and 

experience in preparedness and small 

business concerns. 

• A recognized program sponsorship, 

preferably at a national organization 

level (e.g., American Red Cross, 

Ready.gov, etc.) or at a State or Tribal 

government level. 

• Web-based and/or local delivery 

mechanisms for accessibility to small 

business at a local level. 

• Relevant programs or components 

that are demonstrated to be affordable to 

small business. 

• Intent to develop substantive 

relationships between its program or 

component tools and elements of PSPrep standards. 

• Administrative mechanisms for 

tracking participants in order to 

recognize achievement or progress. 

By choosing a support organization 

with elements like these, small 

businesses should be able to increase 

their preparedness in an affordable 

manner with the support of a reputable 

organization that uses proven practices. 

III. Request for Comment 

This notice describes the plan for 

implementing separate classifications 

and methods of certification for small 

businesses. DHS intends for the thirdparty certification method to be formally 

announced in September 2010 and will 

continue to refine the PS-Prep Small 

Business Preparedness Plan based on 

public feedback. DHS invites comments 

on the PS-Prep Small Business 

Preparedness Plan as outlined in this 

notice and, specifically, invites 

comments regarding the following: 

• The classifications of businesses in 

the PS-Prep Program, including how 

they are used to distinguish eligibility 

for the methods of certification outlined 

in this notice. 

• The methods of certification (selfdeclaration of conformity and/or thirdparty certification). 

• The use of the ISO/IEC 17050-Parts 

1 and 2 to guide the self-declaration of 

conformity process. 

• Recommendations for: 

Æ Information to include in the 

guidance for small business support 

activities attributes referenced in 


emcdonald on DSK2BSOYB1PROD with NOTICES
60776 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

Section II.C., above, including the types 

of organizations and programs to 

consider and the attributes that should 

be considered. 

Æ Additional approaches to providing 

support for small business education, 

training, and development. 

Æ How businesses can be recognized 

under each method of certification. 

Æ Whether classification (2) as 

discussed in II.A, above, should be 

based upon the Internal Revenue 

Service’s use of gross receipts to 

determine reporting requirements for 

tax-exempt 501(c)(3) organizations. 

Æ How to encourage small businesses 

considering participation in selfdeclaration of conformity to participate 

in third-party certification instead. 

Æ Recommendations on the use of a 

limited conformity assessment process 

that would include an off-site document 

review without an accompanying onsite assessment. A limited conformity 

assessment process may potentially 

reduce some of the costs associated with 

conformity assessment. 

Æ Recommendations on whether DHS 

should consider other methods of 

certification for the PS-Prep Program, 

and what those methods might entail. 

Æ Recommendations on whether the 

use of this process should be associated 

with either self-declaration or thirdparty assessment, or both. 

Authority: 6 U.S.C. 321m(b)(2)(D). 

Dated: September 24, 2010. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2010–24673 Filed 9–30–10; 8:45 am] 

BILLING CODE 9111–46–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5374–N–19] 

Buy American Exceptions under the 

American Recovery and Reinvestment 

Act of 2009 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: In accordance with the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–05, approved 

February 17, 2009) (Recovery Act), and 

implementing guidance of the Office of 

Management and Budget (OMB), this 

notice advises that certain exceptions to 

the Buy American requirement of the 

Recovery Act have been determined 

applicable for work using Capital Fund 

Recovery Formula and Competition 

(CFRFC) grant funds. Specifically, 

exceptions were granted to the New 

Smyrna Beach Housing Authority in 

New Smyrna Beach, FL for the purchase 

and installation of tankless water 

heaters for the Donnelly Homes, 

Greenlawn Terrace, Live Oaks Homes, 

and Enterprise Homes projects. 

FOR FURTHER INFORMATION CONTACT: 

Dominique G. Blom, Deputy Assistant 

Secretary for Public Housing 

Investments, Office of Public Housing 

Investments, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 4130, Washington, DC, 

20410–4000, telephone number 202– 

402–8500 (this is not a toll-free 

number). Persons with hearing- or 

speech-impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: Section 

1605(a) of the Recovery Act provides 

that none of the funds appropriated or 

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. 

Section 1605(b) provides that the Buy 

American requirement shall not apply 

in any case or category in which the 

head of a Federal department or agency 

finds that: (1) Applying the Buy 

American requirement would be 

inconsistent with the public interest; (2) 

iron, steel, and the relevant 

manufactured goods are not produced in 

the U.S. in sufficient and reasonably 

available quantities or of satisfactory 

quality; or (3) inclusion of iron, steel, 

and manufactured goods will increase 

the cost of the overall project by more 

than 25 percent. Section 1605(c) 

provides that if the head of a Federal 

department or agency makes a 

determination pursuant to section 

1605(b), the head of the department or 

agency shall publish a detailed written 

justification in the Federal Register. 

In accordance with section 1605(c) of 

the Recovery Act and OMB’s 

implementing guidance published on 

April 23, 2009 (74 FR 18449), this notice 

advises the public that, on September 

16, 2010, upon request of the New 

Smyrna Beach Housing Authority, HUD 

granted an exception to the Buy 

American requirement with respect to 

work, using CFRFC grant funds, based 

on the fact that the relevant 

manufactured goods, tankless water 

heaters, are not produced in the U.S. in 

sufficient and reasonably available 

quantities or of satisfactory quality. 

Dated: September 24, 2010. 

Deborah Hernandez, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. 2010–24620 Filed 9–30–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5374–N–18] 

Buy American Exceptions Under the 

American Recovery and Reinvestment 

Act of 2009 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: In accordance with the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–05, approved 

February 17, 2009) (Recovery Act), and 

implementing guidance of the Office of 

Management and Budget (OMB), this 

notice advises that certain exceptions to 

the Buy American requirement of the 

Recovery Act have been determined 

applicable for work using Capital Fund 

Recovery Formula and Competition 

(CFRFC) grant funds. Specifically, 

exceptions were granted to the 

Cambridge Housing Authority for the 

purchase and installation of energy 

efficient bathroom exhaust fans for the 

Washington Elms project. 

FOR FURTHER INFORMATION CONTACT: 

Dominique G. Blom, Deputy Assistant 

Secretary for Public Housing 

Investments, Office of Public Housing 

Investments, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 4130, Washington, DC, 

20410–4000, telephone number 202– 

402–8500 (this is not a toll-free 

number). Persons with hearing- or 

speech-impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: Section 

1605(a) of the Recovery Act provides 

that none of the funds appropriated or 

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. 

Section 1605(b) provides that the Buy 

American requirement shall not apply 

in any case or category in which the 


emcdonald on DSK2BSOYB1PROD with NOTICES