[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Rules and Regulations]
[Page 45738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21955]
[[Page 45737]]
_______________________________________________________________________
Part VIII
Department of Commerce
_______________________________________________________________________
Economic Development Administration
_______________________________________________________________________
13 CFR Part 316
Simplification and Streamlining of Regulations; General Requirements
for Financial Assistance--Excess Capacity; Correction; Rule
Federal Register / Vol. 61, No. 169 / Thursday, August 29, 1996 /
Rules and Regulations
[[Page 45738]]
DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Part 316
[Docket No. 950525142-6220-04]
RIN 0610-AA47
Simplification and Streamlining of Regulations; General
Requirements for Financial Assistance--Excess Capacity; Correction
AGENCY: Economic Development Administration (EDA), Department of
Commerce (DoC).
ACTION: Correcting amendment.
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SUMMARY: This document contains corrections to EDA's regulations at 13
CFR Chapter III; EDA's final rule which adopted the interim-final rule
(60 FR 49702), September 26, 1995, as modified by the changes noted in
the final rule (61 FR 7979), published and effective on March 1, 1996,
as corrected, and the correction (61 FR 15371), April 8, 1996. This
correction is to the regulation on general requirements for financial
assistance--excess capacity.
EFFECTIVE DATE: August 29, 1996.
FOR FURTHER INFORMATION CONTACT: Awilda R. Marquez, (202) 482-4687; fax
number: (202) 482-5671.
SUPPLEMENTARY INFORMATION:
Background
EDA recently amended its entire body of regulations to make them
easier to read and to understand, by removing numerous unnecessary,
redundant, and outdated parts, sections and portions thereof, and by
clarifying and simplifying those remaining. The final rule includes
program requirements, evaluation criteria, and the selection process in
implementing programs under the Public Works and Economic Development
Act of 1965, as amended (PWEDA or the Act), the Trade Act of 1974, as
amended (the Trade Act), and other applicable statutes.
Need for Correction
As published, the final rule contains an error which may prove to
be misleading and is in need of clarification. Currently, Sec. 316.3 on
excess capacity as codified in the Code of Federal Regulations (13 CFR,
revised as of March 1, 1996) at Chapter III does not contain two
crucial definitions--``market area'' and ``primary beneficiary''. These
two definitions were inadvertently deleted when the final version of
EDA's rule was codified in the CFR. Since these terms must be defined
in order to determine when a report or study (or exemption) is needed,
to meet the excess capacity requirement under the Public Works and
Economic Development Act of 1965, as amended, (42 U.S.C. 3121 et.
seq.), these definitions must be reinserted in the definitions
paragraph of this section of the rule.
List of Subjects in 13 CFR Part 316
Community development, grant programs-community development,
Freedom of Information, Uniform Relocation Act.
Accordingly, 13 CFR Part 316 is corrected by making the following
correcting amendment:
PART 316--GENERAL REQUIREMENTS FOR FINANCIAL ASSISTANCE
1. The authority citation for Part 316 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42
U.S.C.3211); Title II, Chapter 3 of the Trade Act of 1974, as
amended, (42 U.S.C. 2341-2355); Department of Commerce Organization
Order 10-4, as amended (40 FR 56702, as amended).
2. Section 316.3 is amended by revising paragraph (b) to read as
follows:
Sec. 316.3 Excess Capacity.
* * * * *
Capacity means the maximum amount of a product or service that can
be supplied to the market area over a sustained period by existing
enterprises through the use of present facilities and customary work
schedules for the industry.
Demand means the actual quantity of a product or service that users
are willing to purchase for use in the market area served by the
intended commercial or industrial beneficiary.
Efficient capacity means that part of capacity derived from the use
of contemporary structures, machinery and equipment, designs and
technologies.
Existing competitive enterprise means an established operation
which either produces the same product or delivers the same service to
all or a substantial part of the market area.
Market Area means the geographic area within which products and/or
services compete for purchase by customers.
Primary Beneficiary means one or more firms within the same
industry which may reasonably be expected to use 50 percent or more of
the capacity of an EDA-financed facility(ies) in order to expand the
supply of goods or services sold in competition with other producers or
suppliers of such goods or services.
* * * * *
Dated: August 21, 1996.
Wilbur F. Hawkins,
Deputy Assistant Secretary for Economic Development.
[FR Doc. 96-21955 Filed 8-28-96; 8:45 am]
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