[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7858]


[[Page Unknown]]

[Federal Register: April 1, 1994]


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DEPARTMENT OF COMMERCE

Economic Development Administration

13 CFR Parts 302 and 305

Docket No. [940106-4006]
RIN 0610-AA53

 

Designation of Areas; Public Works and Development Facilities 
Program; Use of Current Data

AGENCY: Economic Development Administration (EDA), Commerce.

ACTION: Interim rule with request for comments.

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SUMMARY: The purpose of these amendments to EDA's rules at 13 CFR parts 
302, subpart A and 305, subpart A, is to more accurately reflect 
current policies, recent census data, and median family incomes. These 
amendments are necessary in order to bring current data into play in 
determining eligibility. The intended effect is to designate the most 
distressed areas and to fund needed economic development projects in 
accordance with current data.

DATES: Effective date April 1, 1994.
    Comments received by May 31, 1994, will be considered in 
promulgating a final rule.

ADDRESSES: Send comments to Joseph M. Levine, (202) 482-4687, U.S. 
Department of Commerce, Herbert C. Hoover Building, 14th and 
Constitution Avenue, NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Joseph M. Levine, (202) 482-4687.

SUPPLEMENTARY INFORMATION: The basis for and purpose of these 
amendments is the need to update census and income data to assure 
timely eligibility and funding. EDA is amending 13 CFR part 302, 
Subpart A--Standards for Designation of Redevelopment Areas Under 
Section 401(a) of the Act. Section 302.2, designation based on 
population loss due to lack of employment opportunities, is revised by 
substituting for ``substantial'' population loss, the phrase a loss of 
``* * * at least 25 percent from the beginning to the end of the most 
recent 10-year period, from one census to the next, for which data are 
available, due to lack of employment opportunity, as certified by the 
area's state employment security agency.'' Section 302.3, designation 
based on median family income, is amended by deleting references to the 
1980 U.S. Census, and inserting in lieu thereof, designation based on 
income data from the most recent 10-year census period for which data 
is available. Paragraph 302.7(a)(2), public works impact program (PWIP) 
designation based on outmigration in rural areas, is amended by 
deleting references to the 1980 U.S. Census, and inserting in lieu 
thereof, designation based on available data for the most recent 10-
year census period. Paragraph 302.8(a)(2), special impact area 
designation based on outmigration in rural areas, is amended by 
deleting reference to the 1980 U.S. Census, and inserting in lieu 
thereof, designation based on available data for the most recent 10-
year census period.
    EDA is also amending 13 CFR part 305 subpart A--Direct and 
Supplementary Grants for Public Works and Development Facilities, at 13 
CFR 305.5 on supplementary grant rates, to strike outdated income 
figures and to insert, in lieu thereof, new figures which constitute 
the same percentage of the national median family income for the 1990 
Census, as did the previous figures used for earlier Census figures.
    This rule is exempt from all requirements of 5 U.S.C. 553 including 
notice and opportunity to comment and delay effective date, because it 
relates to public property, loans, grants, benefits and contracts.
    No other law requires that notice and opportunity for comment be 
given for this rule.
    However, because the Department is interested in receiving comments 
from those who will benefit from the amendments, this rule is being 
issued as interim final. Public comments on the interim rule are 
invited and should be sent to the address listed in the ADDRESSES 
section above.
    Since a notice and an opportunity for comment are not required to 
be given for the rule under section 553 of the Administrative Procedure 
Act (5 U.S.C. 553) or any other law, under sections 603(a) and 604(a) 
of the Regulatory Flexibility Act (5 U.S.C. 601-612), no initial or 
final Regulatory Flexibility Analysis has to be or will be prepared.
    This rule does not contain a collection of information for purposes 
of the Paperwork Reduction Act (Pub. L. 96-511).
    This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism Assessment under 
Executive Order 12612.
    This rule is not subject to review by the Office of Management and 
Budget under Executive Order 12866.

List of Subjects

13 CFR Part 302

    Community development.

13 CFR Part 305

    Community development; Community facilities; Grant programs--
community development; Indians; Loan programs--community development.

    For the reasons set out in the preamble, 13 CFR parts 302 and 305 
are amended as set forth below:

PART 302--DESIGNATION OF AREAS

    The authority citation for part 302 is revised to read as follows:

    Authority: Sec. 701, Public Law 89-136, 79 Stat. 570 (42 U.S.C. 
3211); Department of Commerce Organization Order 10-4, as amended 
(40 FR 56702, as amended).

    2. Section 302.2 is revised to read as follows:


Sec. 302.2  Designation on the basis of loss of population.

    The Assistant Secretary shall designate those areas as 
redevelopment areas where he/she determines that there has been a 
population decline of at least 25 percent from the beginning to the end 
of the most recent 10-year period, from one census to the next, for 
which data are available, due to lack of employment opportunity, as 
certified by the area's state employment security agency.
    3. Section 302.3 is amended by revising paragraph (b) to read as 
follows:


Sec. 302.3  Designation on the basis of median family Income.

* * * * *
    (b) Determinations of median family income are to be based on the 
income figures shown from the beginning to the end of the most recent 
10-year census period for which data is available.

    4. Section 302.7 is amended by revising paragraph (a)(2) to read as 
follows:


Sec. 302.7  Designation of public works impact program areas.

    (a) * * *
    (2) Rural areas having substantial outmigration. This includes an 
area which has experienced a minimum outmigration rate of at least 25 
percent during the period from the beginning to the end of the most 
recent ten (10) year census period for which data is available.
* * * * *
    5. Section 302.8 is amended by revising paragraph (a)(2) to read as 
follows:


Sec. 302.8  Designation of special impact areas.

* * * * *
    (a) * * *
    (2) Rural areas having substantial outmigration. This includes any 
area which has experienced a minimum outmigration rate of at least 25 
percent during the period from the beginning to the end of the most 
recent ten (10) year census period.
* * * * *

PART 305--PUBLIC WORKS AND DEVELOPMENT FACILITIES PROGRAM

    1. The authority citation for part 305 continues to read as 
follows:


    Authority: Sec. 701, Public Law 89-136, 79 Stat. 570 (42 U.S.C. 
3211); Department of Commerce Organization Order 10-4, as amended 
(40 F.R. 56702, as amended).


    2. Section 305.5 is amended by revising paragraphs (b)(3) (vi), 
(vii) and (viii) to read as follows:


Sec. 305.5  Supplementary grant rates.

* * * * *
    (b) * * *
    (3) * * *

------------------------------------------------------------------------
                                                               Maximum  
                         Projects                            grant rates
                                                              (percent) 
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                                  *****                                 
(vi) Projects located in areas designated under Title IV of             
 the Act in which the median annual family income is                    
 $13,103 or below, or the average unemployment rate for the             
 preceding 24 months is 12 percent or higher...............             
(vii) Projects located in areas designated under Title IV               
 of the Act in which the median annual family income is                 
 $13,104 to $14,618, or the average unemployment rate for               
 the preceding 24 months is 10 percent to 11.9 percent.....           70
(viii) Projects located in areas designated under Title IV              
 of the Act in which the median annual family income is                 
 $14,619 to $16,098, or the average unemployment rate for               
 the preceding 24 months is 8 percent to 9.9 percent.......           60
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* * * * *
    Dated: March 24, 1994.
William W. Ginsberg,
Assistant Secretary for Economic Development.
[FR Doc. 94-7858 Filed 3-31-94; 8:45 am]
BILLING CODE 3510-24-M