[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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)
------------------------------------------------------------------------
*****
(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
------------------------------------------------------------------------
* * * * *
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