[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Rules and Regulations]
[Pages 16169-16170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8039]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 64 / Thursday, April 3, 2003 / Rules 
and Regulations  

[[Page 16169]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 25


Rural Empowerment Zones and Enterprise Communities

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of the U.S. Department of Agriculture acting 
through the Under Secretary, Rural Development, revises the regulations 
for the rural empowerment zone program to amend the definition of 
designation date to include the designation date for two rural 
empowerment zones authorized by the Community Renewal Tax Relief Act of 
2000 (Round III).

EFFECTIVE DATE: April 3, 2003.

FOR FURTHER INFORMATION CONTACT: Deputy Administrator for Community 
Development, USDA Rural Development, Office of Community Development, 
STOP 3203, 1400 Independence Ave., SW., Washington, DC 20024-3203, 
telephone 1-800-645-4712, or by sending an Internet e-mail message to 
``[email protected]''. For hearing- and speech-impaired persons, 
information concerning this program may be obtained by contacting 
USDA's Target Center at (202) 720-2600 (Voice and TDD).

SUPPLEMENTARY INFORMATION:

Classification

    This rule has been determined to be non-significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget (OMB).

Programs Affected

    The Catalog of Federal Domestic Assistance Program affected by this 
action is 10.772, Empowerment Zone Program.

Program Administration

    The program is administered through the Office of Community 
Development within the Rural Development mission area of the Department 
of Agriculture.

Paperwork Reduction Act

    There are no reporting or recordkeeping requirements associated 
with this rule.

Intergovernmental Review

    This program is not subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the undersigned has determined and certified by signature of this 
document that this rule will not have a significant economic impact on 
a substantial number of small entities. New provisions included in this 
rule will not impact a substantial number of small entities to a 
greater extent than large entities. Therefore, a regulatory flexibility 
analysis was not performed.

Civil Justice Reform

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. In accordance with this Executive Order: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted, (2) no retroactive effect will be given to this rule and 
(3) administrative proceedings in accordance with the regulations of 
the Agency at 7 CFR part 11 must be exhausted before bringing 
litigation challenging action taken under this rule unless those 
regulations specifically allow bringing suit at an earlier time.

Environmental Impact Statement

    It is the determination of the Secretary that this action is not a 
major Federal action significantly affecting the environment. 
Therefore, in accordance with the National Environmental Policy Act of 
1969, Public Law 91-190, and 7 CFR part 25, an Environmental Impact 
Statement is not required.

The Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, USDA 
must prepare a written statement, including a cost benefit analysis, 
for proposed and final rules with ``Federal mandates'' that may result 
in expenditures to state, local or tribal governments, in the 
aggregate, or to the private sector, of $100 million or more in any one 
year. When such a statement is needed for a rule, section 205 of UMRA 
generally requires USDA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, more cost effective 
or least burdensome alternative that achieves the objectives of the 
rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of title II of the UMRA) for state, local, and tribal 
governments or the private sector. Therefore this rule is not subject 
to the requirements of sections 202 and 205 of UMRA.

Executive Order 13132, Federalism

    The policies contained in this rule will not have substantial 
direct effects on states or their political subdivisions, or the 
relationship between the Federal Government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government. Nor does this rule impose substantial direct compliance 
costs or other effects on States or their political subdivisions or on 
the distribution of power and responsibilities among the various levels 
of governments. Thus, it has been determined under Executive Order 
13132, Federalism, that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Background

    On December 21, 2000, the Community Renewal Tax Relief Act (Pub. L. 
106-554) was signed into law, authorizing the designation of two 
additional rural empowerment zones, bringing the total authorized rural 
empowerment zones to ten. The eligibility criteria for Round III are 
exactly the same as for the rural empowerment zones authorized by the 
Taxpayer Relief Act of 1997 (Pub. L. 105-34).
    The Secretary announced on January 11, 2002 that the Northern Maine

[[Page 16170]]

Development Commission, Inc. (Aroostook County) in Maine and Middle Rio 
Grande FUTURO Communities in Texas were designated as rural empowerment 
zones pursuant to the Round III authorizing legislation.
    It is important to establish with certainty the beginning date of 
the period that runs with empowerment zone designation for these 
communities. It is particularly relevant to bond counsels which provide 
opinions on the validity of tax preferential bonds issued under the 
empowerment zone provisions in the Internal Revenue Code. Accordingly, 
this final rule amends the definition of designation date to include 
the designation date for Round III empowerment zones in addition to the 
other relevant designation dates.
    This regulation is being published as a final rule without a Notice 
of Prior Rulemaking because the change being made is a matter of 
historical fact and is not subject to change in response to comments. 
Therefore, public comment is unnecessary and impracticable and contrary 
to the public interest. For this same reason, this final rule will be 
effective immediately upon publication.

Delegation of Authority

    In the Final Rule published on March 25, 2002 (67 FR 13553), the 
Secretary of Agriculture delegated to the Under Secretary, Rural 
Development, authority to promulgate regulations for 7 CFR part 25.

List of Subjects in 7 CFR Part 25

    Community development, Economic development, Empowerment zones, 
Enterprise communities, Housing, Indians, Intergovernmental relations, 
Reporting and recordkeeping requirements, Rural development.


0
In accordance with the reasons set out in the preamble, 7 CFR part 25 
is amended as follows:

PART 25--RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

0
1. The authority citation for part 25 is revised to read as follows:

    Authority: 5 U.S.C. 301; 26 U.S.C. 1391; Pub. L. 103-66, 107 
Stat. 543; Pub L. 105-34, 111 Stat. 885; Sec. 766, Pub. L. 105-277, 
112 Stat. 2681-37; Pub. L. 106-554 [Title I of H.R. 5562], 114 Stat. 
2763.

Subpart A--General Provision

0
2. Amend Sec.  25.3 by revising the definition of ``designation date'' 
to read as follows:


Sec.  25.3  Definitions.

* * * * *
    Designation date means December 21, 1994, in the case of Round I 
designations, December 24, 1998, in the case of Round II and Round IIS 
designations and January 11, 2002, in the case of Round III 
designations.
* * * * *

    Dated: March 25, 2003.
Thomas C. Dorr,
Under Secretary, Rural Development.
[FR Doc. 03-8039 Filed 4-2-03; 8:45 am]
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