[Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
[Rules and Regulations]
[Pages 53262-53263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26493]



[[Page 53261]]

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Part V





Department of Housing and Urban Development





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24 CFR Part 598



Empowerment Zones: Rule for Second Round Designations; Final Rule

  Federal Register / Vol. 63, No. 191 / Friday, October 2, 1998 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 598

[Docket No. FR-4281-F-07]
RIN 2506-AB97


Empowerment Zones: Rule for Second Round Designations

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Final rule.

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SUMMARY: This rule adopts as final the interim rule published on this 
subject on April 16, 1998, without substantive change. The only change 
at the final rule is to include the OMB approval number for the rule's 
information collection requirements. The August 16, 1998 interim rule 
increased the scope of HUD's Empowerment Zones Program by providing 
authorization for the designation of 15 new urban zones.

EFFECTIVE DATE: November 2, 1998.

FOR FURTHER INFORMATION CONTACT: Elaine Braverman, Empowerment Zone/
Enterprise Community Initiative, Department of Housing and Urban 
Development, Room 7130, 451 Seventh Street, SW., Washington, DC 20410, 
telephone (202) 708-6339. (This telephone number is not toll-free.) For 
hearing-and speech-impaired persons, this telephone number may be 
accessed via TTY (text telephone) by calling the Federal Information 
Relay Service at 1-800-877-8339 (toll-free).

SUPPLEMENTARY INFORMATION:

I. Background

    On April 16, 1998 (63 FR 19151), HUD published an interim rule to 
implement an August 1997 enactment authorizing HUD to increase the 
scope of its Empowerment Zones program by designating 15 new urban 
empowerment zones. This second round of designations increased the size 
of the program beyond the six urban empowerment zones designated in 
1995 under prior legislation. The interim rule specified the 
eligibility criteria, which the statute had changed somewhat from those 
used in making the first round of designations. The rule also specified 
the nomination procedure to be followed by local and State (or tribal) 
governments and the selection factors to be used by HUD.
    The rule was made effective on May 18, 1998, so that governments, 
businesses, and non-profit organizations would be able to work together 
to develop proposals in time for the announced October 9, 1998 deadline 
for nominations.

II. This Final Rule

    The Department received no public comments on the interim rule. 
This final rule adopts the interim rule as final without substantive 
change. The publication of the final rule assures the affected parties 
that the provisions of the interim rule are permanent, continuing in 
effect without change throughout this period of preparation of 
nominations and selection of designated zones.
    In addition, this final rule inserts in the rule text the statement 
of the information collection approval number approved by OMB for the 
sections that contain information collections.

III. Findings and Certifications

A. Public Reporting Burden

    The information collections contained in the interim rule and 
implementing documents were approved by the Office of Management and 
Budget (OMB) and assigned OMB control number 2506-0148, effective 
through August 31, 1998. Comments were solicited on the information 
collections in that interim rule, but none were received. Since 
publication of the interim rule, HUD submitted a request to OMB for an 
extension of the approval for the information collections. OMB granted 
that approval, extending its approval through September, 2001. In this 
final rule, the approval number is being inserted after the sections to 
which it applies. In accordance with the Paperwork Reduction Act, HUD 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless the collection displays a currently 
valid OMB control number.

B. Impact on Small Entities

    In the interim rule, HUD stated its determination that, after 
review for compliance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the rule would not have a significant economic impact on a 
substantial number of small entities. The rule merely authorizes 
entities of all sizes to seek designation as Empowerment Zones, as 
authorized by statute. The rule's preamble invited comment on this 
determination, however, on any of the requirements for seeking 
designation that could be tailored in a way that might be less 
burdensome to small entities. No comments were received. Consequently, 
the Department reiterates its conclusion that the rule does not impose 
a significant economic impact on a substantial number of small 
entities.

C. Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
was made with respect to the interim rule, in accordance with HUD 
regulations at 24 CFR part 50, which implement section 102(2)(C) of the 
National Environmental Policy Act of 1969. That Finding is applicable 
to this rule, as well, and it is available for public inspection 
between 7:30 a.m. and 5:30 p.m. weekdays in the Regulations Division of 
the Office of the General Counsel, Department of Housing and Urban 
Development, Room 10276, 451 Seventh Street, SW, Washington, DC 20410.

D. Regulatory Review

    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866, Regulatory Planning and Review. OMB determined 
that this rule is a ``significant regulatory action,'' as defined in 
section 3(f) of the Order (although not economically significant, as 
provided in section 3(f)(1) of the Order). Any changes made to the 
final rule after its submission to OMB are identified in the docket 
file, which is available for public inspection in the Regulations 
Division of the Office of General Counsel at the address stated above, 
under Environmental Impact.

E. Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance Program number assigned 
to this program is 14.244.
    Accordingly, the interim rule amending part 598 of title 24 of the 
Code of Federal Regulations, as published in the Federal Register at 63 
FR 19151on April 16, 1998, is adopted as final with the following 
change:

PART 598--URBAN EMPOWERMENT ZONES: ROUND TWO DESIGNATIONS

    1. The authority citation continues to read as follows:

    Authority: 26 U.S.C. 1391; 42 U.S.C. 3535(d).

Secs. 598.200, 598.205, 598.210, 598.215, 598.415, 598.430  [Amended]

    2. Sections 598.200, 598.205, 598.210, 598.215, 598.415, and 
598.430 are amended by adding at the end of each of the sections the 
following language:

(Approved by the Office of Management and Budget under Control 
Number 2506-0148)


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    Dated: September 25, 1998.
Saul N. Ramirez, Jr.,
Assistant Secretary for Community Planning and Development.
[FR Doc. 98-26493 Filed 10-1-98; 8:45 am]
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