[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7979-7985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 96-4707]
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Rules and Regulations
Federal Register
________________________________________________________________________
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Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules
and Regulations
[[Page 7979]]
DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Chapter III
[Docket No. 950525142-6028-02]
RIN 0610-AA47
Simplification and Streamlining of Regulations of the Economic
Development Administration
AGENCY: Economic Development Administration (EDA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Economic Development Administration (EDA) has amended all
of its regulations so that they are easy to read and use, and
accurately reflect program requirements, evaluation criteria and
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 statutes to be
noted herein. This streamlining effort includes the removal of numerous
unnecessary, redundant and outdated parts, sections and portions
thereof.
EFFECTIVE DATE: This rule is effective on March 1, 1996.
FOR FURTHER INFORMATION CONTACT: Awilda R. Marquez, (202) 482-4687; fax
number: (202) 482-5671.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to a directive from President Clinton to Federal
agencies in March of 1995 regarding their responsibilities under his
Regulatory Reform Initiative (as part of the National Performance
Review), EDA undertook a comprehensive review of its rules to remove
those which were obsolete or unnecessary and to modify those in need of
reform.
On September 26, 1995, EDA published an interim-final rule
on simplification and streamlining its regulations (60 FR 49670-49703).
In this interim-final rule EDA removed over 60% of its then existing
rules and streamlined and clarified those which remained. The public
was invited to submit comments on the interim-final rule for a period
of sixty (60) days ending November 27, 1995.
Comments on the Interim-Final Rule
EDA received comments from more than twenty (20) persons, all of
whom are or were EDA officials.
OMB Control Numbers.
A commenter noted that the OMB control numbers needed to be
updated.
We concur and have made the appropriate change to Sec. 300.3.
Notice of Funding Availability (NOFA).
Commenters noted that the acronym ``NOFA'' was not explained in the
general information section of the interim-final rule and that for
various programs, references to general information at Sec. 300.4
should more appropriately be to the NOFA.
We concur and have changed 13 CFR 300.4, 307.13(b), 307.18(b),
308.5(b), and 315.8(a) accordingly.
Area designation-American Indian lands.
A commenter suggested that the section on American Indian area
designation should be modified to clarify what is required when non-
contiguous land is considered as one area, noting that a relationship
between the land must be demonstrated.
We concur and have made the appropriate change to 13 CFR 301.4(d).
Area designation-per capita employment decline.
A commenter suggested that the term ``out-migration'' as used in
conjunction with per capita employment decline, as a basis of area
designation be changed to ``population loss'' as a more apt and readily
available descriptive term. This commenter also suggested that per
capita employment decline be modified so that what is measured is the
decline of the working age population.
We do not concur because the regulation as currently written in 13
CFR 301.9 accurately reflects PWEDA.
Economic Development Districts.
A commenter made suggestions for clarifications and corrections of
13 CFR 302.4(a); 302.13; 302.17 and 302.18.
We concur with all of the above and have made the recommended
changes, with the exception of Sec. 302.13 (c), since we do not agree
that the use of a pronoun to describe the Economic Development Center
(EDC) is unclear.
Overall Economic Development Program (OEDP).
A commenter recommended that the section describing requirements
for District OEDPs be modified to make it clear that both conditions
listed must be satisfied.
We concur and have changed 13 CFR 303.2(a) accordingly.
A commenter recommended that the section describing Area OEDP
committees be further streamlined and clarified.
We concur and have revised 13 CFR 303.3(a)(1) accordingly.
Selection Process.
Commenters made suggestions concerning programs which are reviewed,
processed and approved in EDA headquarters--National Technical
Assistance and Research, to clarify language about Solicitation of
Proposals, and to accommodate proposals in excess of two pages with
allowances for more in-depth project descriptions in applications, if
so requested by EDA.
We concur and have made the suggested changes to 13 CFR 304.1
(a)(1)(i) and (a)(3)(iii).
Commenters recommended that for those programs where Regional
Directors have been delegated the authority to approve projects,
changes be made indicating that appropriate Regional Office Project
Review Committees (PRCs) shall have the opportunity to review all
proposals (wherever originally received); PRC meetings will be
regularly scheduled, and proponents will be given timely written notice
of the results of the PRC meeting at which their proposal was reviewed.
We concur and have made the suggested changes to 13 CFR 304.1
(a)(2)(i), (a)(2)(ii), and (a)(2)(iii).
Commenters recommended that a sentence be added to the section
describing general evaluation criteria indicating that each annual FY
NOFA could identify special areas of interest for that FY.
We concur and have changed 13 CFR 304.1(b) accordingly.
[[Page 7980]]
Proposal form.
A commenter suggested that the standard OMB proposal form number be
noted in the final rule.
We concur and have changed 13 CFR 304.1(a)(1)(i) accordingly.
Award requirements.
A commenter noted that for programs under Titles I and IX of PWEDA,
the award period can be no longer than the end of the fifth fiscal year
after the award was made.
We concur and have made the changes to 13 CFR 305.7(a) and 308.7(a)
accordingly.
Public Works and Development Facilities Program.
Public Works Impact Program (PWIP): A commenter suggested that a
statement be added to the evaluation criteria at 13 CFR 305.6
indicating that a major purpose is for speedy work.
We do not concur, because to do so would be to repeat what is
stated in PWEDA (42 U.S.C. 3131(a)(1)(D)).
Supplementary grant rates: A commenter recommended that the median
family income category for computation of supplementary grant rates at
13 CFR 305.8(b)(6) through (b)(8) be replaced by per capita income,
because it is virtually impossible to have such low median family
income ranges in today's economy.
We do not concur because the statute requires the use of median
family incomes. We have, however, updated median family income figures
based upon the 1990 U.S. Census.
Grants for construction cost increases: A commenter suggested
redrafting and making 13 CFR 305.10 a part of 13 CFR part 316, since
change of scope applies to other projects in addition to those
involving construction.
We do not concur because this section is intended to apply only to
statutorily authorized grants for construction cost increases under
section 107 of PWEDA. Any other change of scope matters not
specifically addressed in the rule are covered under 13 CFR 316.10.
New Subpart for Other Requirements: A commenter suggested an
additional Subpart C for part 305, because the subjects in
Secs. 305.11-305.15 more appropriately should be included under a new
Subpart C-Other Requirements.
We concur and have made the necessary changes to the rule by adding
a Subpart C to part 305.
Disbursement of grant funds: A commenter suggested that 13 CFR
305.11 (a)(1), (a)(4) and (a)(6) be deleted on the ground that they are
burdensome and go beyond uniform federal requirements. The commenter
also suggested that other portions of the disbursement section either
be deleted as duplicative of general federal requirements or be moved
to 13 CFR part 316 for all programs.
We do not concur because a consensus had been reached prior to
publication of the interim-final rule that these conditions were needed
in order to provide a structure within which EDA could exercise its
judgment concerning grant disbursements.
Amendments and changes: A commenter suggested that this requirement
under 13 CFR 305.13 applies to all programs, not just to public works
under Title I, and should therefore, be moved to 13 CFR part 316.
We concur and have redesignated this requirement at 13 CFR 316.11.
Contract and subcontract clauses: A commenter suggested that this
requirement under 13 CFR 305.15 applies to all programs, not just to
public works under Title I, and should therefore, be moved to 13 CFR
part 316.
We concur and have moved this requirement to 13 CFR 316.12.
Local and National Technical Assistance.
Eligible applicants: Commenters suggested that the interim-final
rule incorrectly includes other applicants such as private individuals,
partnerships, firms and corporations (for-profits) as eligible grantees
under the Local and National Technical Assistance programs under 13 CFR
part 307.
We concur and have revised the interim-final rule at 13 CFR
307.2(c) and 307.12(c) to delete references to these other applicants.
This change is made consistent with our revised interpretation of
relevant provisions of PWEDA and the Federal Grant and Cooperative
Agreement Act.
Other changes: Commenters suggested other changes for clarity and
consistency with other portions of the rule, at 13 CFR 307.13(b),
307.14(e), 307.16 and 307.18(b).
We concur and have made these changes in the final rule. Research
topics and structure: Commenters suggested that for the National
Technical Assistance Program, the evaluation criterion describing
levels of preferences for projects, based upon geographic scope, be
modified to remove the levels of preferences.
We concur and have modified 13 CFR 307.20(c) accordingly.
Title IX--Economic Adjustment Revolving Loan Fund (RLF).
Nonrelocation: A commenter suggested that the interim-final rule be
modified to include borrowers under the Title IX Economic Adjustment
Revolving Loan (RLF) program.
After discussion within the agency, we decided not to modify the
interim-final rule at 13 CFR 316.4, but instead to include applicable
nonrelocation requirements as part of RLF Plans and, if need be, as
special conditions of the grant.
Subgrants: A commenter suggested that for RLF grants involving
subgrants, processing be specifically set forth indicating those
aspects to be reviewed and monitored by EDA and those to be handled by
EDA's RLF grantees on EDA's behalf.
After discussions within the agency, it was determined that the
rule should remain silent in this matter. Processing of subgrants will
continue to be handled on a case by case basis to be covered in grant
award documents, including special conditions by those Regional Offices
handling such projects.
Estimated useful life determinations.
A commenter suggested that the interim-final rule at 13 CFR part
314 be changed to add a maximum estimated useful life for projects, up
to but not exceeding 20 years.
We do not concur because of applicable case law concerning
extinguishing the Federal interest in projects.
Evidence of Title to real property.
A commenter suggested that the interim-final rule be modified at 13
CFR 314.7 so that only recipients without the power of eminent domain
be required to submit evidence of title.
We do not concur with this suggestion because the title
requirements apply to all grantees, regardless of their legal status.
Trade Act.
A commenter recommended changes to the definitions of firm, Partial
separation, and A significant number of proportion of workers to more
accurately reflect EDA's current policies concerning such terms.
We concur and have changed 315.2 accordingly.
Other changes: A commenter recommended changes to four other
sections (selection process, certification requirements, processing
petitions for certification, and hearings, appeals and final
determinations) of the Trade Act portion of the rule, in order to
clarify meanings.
We concur and have made changes accordingly to 13 CFR 315.5(b)(2),
315.9(a), 315.10 (b)(4) through (b)(6), and 315.11(a).
Environment.
A commenter suggested that the Notice requirement under NEPA
regulations be moved from EDA's annual FY NOFA to EDA's regulations,
[[Page 7981]]
since this is a continuing requirement that more appropriately should
be codified along with other similar matters found in 13 CFR chapter
III.
We concur and have added this to 13 CFR 316.1 (b)(1)(i) and
(b)(1)(ii).
A commenter noted an error in the citation to the Resource
Conservation and Recovery Act of 1976.
We concur and have changed 13 CFR 316.1(b)(7) accordingly.
Excess capacity.
Commenters suggested that four of the five definitions--
``capacity'', ``demand'', ``efficient capacity'', and ``existing
competitive enterprise'', be modified slightly to enable applicants to
more easily provide information to EDA from which the agency can make
necessary excess capacity findings and determinations.
We concur and have modified 13 CFR 316.3(b) accordingly.
Civil rights.
Several commenters suggested changing the interim-final rule to
give applicants for planning grants the option of submitting employment
data on the ED-612 or in a narrative format traditionally used by such
applicants/grantees containing comparable information to that provided
on the ED-612.
We concur and have modified 13 CFR 317.1 accordingly.
A commenter suggested that we consider including developers as
``Other Parties'' for purposes of submission of civil rights employment
data forms.
After discussions within the agency, it was determined that there
is no need to modify the interim final rule, and that any special
situations involving developers could, if need be, be covered by grant
award special conditions.
Savings Clause
The rights, duties, and obligations of all parties pursuant to
parts, sections and portions thereof of the Code of Federal Regulations
removed by this rule shall continue in effect.
Executive Order 12866
This rule has been determined to be significant for purposes of
E.O. 12866.
Regulatory Flexibility Act
Since notice and an opportunity for comment are not required to be
given for the rule under 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 is required, and
none has been prepared.
Paperwork Reduction Act
This rule does not contain new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
E.O. 12612
This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism Assessment under
Executive Order 12612.
List of Subjects
13 CFR Part 300
Organization and functions (Government agencies), Reporting and
recordkeeping requirements.
13 CFR Part 301
Community development.
13 CFR Part 302
Community development, Grant programs--business, Grant programs--
housing and community development, Loan programs--business, Loan
programs--housing and community development, Technical assistance.
13 CFR Part 303
Community development, Reporting and recordkeeping requirements.
13 CFR Part 304
Community development.
13 CFR Part 305
Community development, Community facilities, Grant programs--
housing and community development, Indians.
13 CFR Part 307
Business and industry, Community development, Grant programs--
business, Grant programs--housing and community development, Indians,
Research, Technical assistance.
13 CFR Part 308
Business and industry, Community development, Community facilities,
Grant programs--business, Grant programs--housing and community
development, Indians, Manpower training programs, Mortgages, Relocation
assistance, Rent subsidies, Reporting and recordkeeping requirements,
Research, Technical assistance, Unemployment compensation.
13 CFR Part 312
Community development, Grant programs--housing and community
development.
13 CFR Part 314
Community development, Grant programs--housing and community
development.
13 CFR Part 315
Administrative practice and procedure, Community development, Grant
programs--business, Grant programs--housing and community development,
Technical assistance, Trade adjustment assistance.
13 CFR Part 316
Community development, Community facilities, Freedom of
information, Grant programs--housing and community development.
13 CFR Part 317
Aged, Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
Accordingly, the interim rule revising 13 CFR Chapter III which was
published at 60 FR 49670 on September 26, 1995, is adopted as a final
rule with the following changes:
PART 300--GENERAL INFORMATION
1. The authority citation for part 300 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 300.3 is amended by revising paragraph (b) to read as
follows:
Sec. 300.3 OMB control numbers.
* * * * *
(b) Control Number Table:
------------------------------------------------------------------------
Current OMB
13 CFR part or section where identified and described control No.
------------------------------------------------------------------------
303........................................................ 0610-0093
305........................................................ 0610-0094
0610-0092
308........................................................ 0610-0092
312.5...................................................... 0610-0094
315........................................................ 0610-0091
316.4...................................................... 0610-0082
------------------------------------------------------------------------
3. Section 300.4 is revised to read as follows:
Sec. 300.4 Economic Development Administration--Washington, D.C.,
Regional and Economic Development Representatives.
For addresses and phone numbers of the Economic Development
Administration in Washington, D.C., Regional and Field Offices and
Economic Development Representatives, refer to EDA's annual Fiscal Year
(FY) Notice of Funding Availability (NOFA).
[[Page 7982]]
PART 301--DESIGNATION OF AREAS
1. The authority citation for part 301 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 301.4 is amended by revising paragraph (d) to read as
follows:
Sec. 301.4 Designation on the basis of American Indian lands.
* * * * *
(d) When the determination of economic distress pertains to land
areas that are not contiguous, it must be shown that there is a clear
economic connection justifying the inclusion of the noncontiguous land
areas that will contribute to a more effective economic development
program for the area.
PART 302--ECONOMIC DEVELOPMENT DISTRICTS
1. The authority citation for part 302 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 302.4 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 302.4 District organizations.
(a) The district organization is a prerequisite to the awarding of
a planning grant and to the initial designation of EDDs. The District
shall be organized in one of the following manners:
* * * * *
3. Section 302.13 is amended by redesignating the introductory text
and paragraphs (a) through (d) as paragraph (a) introductory text and
paragraphs (a)(1) through (a)(4), revising newly designated paragraph
(a)(2), and designating the undesignated paragraph at the end of the
section as paragraph (b) to read as follows:
Sec. 302.13 Termination and suspension of economic development
centers.
(a) * * *
(2) The economic development center no longer meets the standards
for designation, Sec. 302.10;
* * * * *
4. Section 302.17 is revised to read as follows:
Sec. 302.17 Grant rate for economic development center projects.
The grant rate for projects under Title I of the Act in EDCs, which
are growth centers not located in designated redevelopment areas, shall
not exceed 50 percent of the project costs except for the ten percent
bonus provided for in Sec. 302.18 and Sec. 305.9 of this chapter.
5. Section 302.18 is revised to read as follows:
Sec. 302.18 Financial assistant redevelopment centers.
The eligibility of redevelopment centers for EDA financial
assistance, including the ten percent bonus as provided for herein, is
the same as for any designated redevelopment area within the district.
The grant rate for the redevelopment center shall be determined by the
rate applicable to the redevelopment area within which it is located.
PART 303--OVERALL ECONOMIC DEVELOPMENT PROGRAM
1. The authority citation for part 303 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 303.2 is amended by revising paragraph (a) to read as
follows:
Sec. 303.2 Redevelopment area--District OEDPs.
* * * * *
(a) The area actively participates in and supports the district
OEDP planning process; and
* * * * *
3. Section 303.3 is amended by redesignating paragraphs (a)
introductory text and (a)(1) as paragraphs (a)(1) and (a)(2)
respectively, and by revising the newly designated paragraph (a)(2) to
read as follows:
Sec. 303.3 Redevelopment area OEDP committee.
(a) * * *
(2) Redevelopment area OEDP committees are required only in areas
not located in EDDs. EDA recommends OEDP committees in all areas
whenever practicable.
* * * * *
PART 304--GENERAL SELECTION PROCESS AND EVALUATION CRITERIA
1. The authority citation for part 304 continues to read as
follows:
Authority: Sec. 701, Pub.L. 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 304.1 is amended by revising paragraphs (a)(1)(i),
(a)(2)(ii), (a)(2)(iii), (a)(3)(iii), and (b) to read as follows:
Sec. 304.1 General selection process and evaluation process and
evaluation criteria for programs under PWEDA.
* * * * *
(a) * * *
(1) * * *
(i) There will be a brief proposal on the OMB approved form, number
0610-0094, consisting of the face sheet (SF-424) and two additional
pages, except for projects under part 307, subparts C and D, of this
chapter for which proponents may include more than two pages if
necessary to provide adequate information to EDA upon which to make an
informed determination whether to invite a more comprehensive proposal
and application, including for example, budget, scope of work and
capability statements.
* * * * *
(2) * * *
(ii) Such proposals, whether received through contact with the
appropriate Economic Development Representative (EDR) or Regional
Office of EDA, shall have the opportunity to be formally reviewed by
the appropriate Regional Office Project Review Committee (consisting of
at least three EDA officials) (PRC). Generally, an EDR will evaluate
proposals under paragraph (b) of this section before submitting them to
the EDA Regional Office for such review.
(iii) The results of these PRC meetings shall be communicated to
the proponents in writing and in a timely manner, advising them that
they are: being invited to submit a formal application; having their
application returned because of specified deficiencies (resubmissions
will be allowed when the deficiencies are cured) or being denied for
specific reasons.
* * * * *
(3) * * *
(iii) If the proposal is acceptable under paragraph (b) of this
section, EDA may invite proponents to submit applications which must
include a more detailed and comprehensive project narrative.
* * * * *
(b) General evaluation criteria for projects to be funded under
parts 305, 307 and 308 of this chapter in addition to criteria noted in
such parts, are as follows: All proposals/applications will be screened
for conformance to statutory and regulatory requirements, the relative
severity of the economic problem of the area, the quality of the scope
of work proposed to address the
[[Page 7983]]
problem, the merits of the activity(ies) for which funding is
requested, and the ability of the prospective applicant to carry out
the proposed activity(ies) successfully. The NOFA may identify special
areas of interest for the fiscal year of such NOFA.
PART 305--PUBLIC WORKS AND DEVELOPMENT FACILITIES PROGRAM
1. The authority citation for part 305 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 305.7 is amended by revising paragraph (a) to read as
follows:
Sec. 305.7 Award requirements.
(a) Projects are expected to be completed in a timely manner
consistent with the nature of the project. Normally, the maximum period
for any financial assistance that is provided shall be not more than 5
years from the end of the fiscal year of the award.
* * * * *
3. Section 305.8 is amended in paragraph (b) by revising entries
(6) through (8) in the table to read as follows:
Sec. 305.8 Supplementary grants.
* * * * *
(b) * * *
------------------------------------------------------------------------
Maximum
grant
Projects rates
(percent)
------------------------------------------------------------------------
* * * * *
(6) Projects located in areas designated under Title IV of
the Act in which the median family income is $12,100 or
below, or the average unemployment rate for the preceding 24
months is 12 percent or higher.............................. 80
(7) Projects located in areas designated under Title IV of
the Act in which the median family income is $13,900-
$12,101, or the average unemployment rate for the preceding
24 months is 10 percent to 11.9 percent..................... 70
(8) Projects located in areas designated under Title IV of
the Act in which the median family income is $15,700-
$13,901, or the average unemployment rate for the preceding
24 months is 8 percent to 9.9 percent....................... 60
* * * * *
------------------------------------------------------------------------
* * * * *
Sec. 305.13 [Redesignated as Sec. 316.11]
4. Section 305.13 is redesignated as Sec. 316.11.
Sec. 305.14 [Redesignated as Sec. 305.13]
5. Section 305.14 is redesignated as Sec. 305.13.
Sec. 305.15 [Redesignated as Sec. 316.12]
6. Section 305.15 is redesignated as Sec. 316.12.
7. Sections 305.11 through 305.13 are designated as subpart C and a
subpart heading is added to read as follows:
Subpart C--Other Requirements
PART 307--LOCAL TECHNICAL ASSISTANCE, UNIVERSITY CENTER TECHNICAL
ASSISTANCE, NATIONAL TECHNICAL ASSISTANCE, RESEARCH AND EVALUATION
AND PLANNING
1. The authority citation for part 307 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 307.2 is amended by revising paragraph (c) to read as
follows:
Sec. 307.2 Applicants.
* * * * *
(c) Technical assistance grant funds may not be awarded to private
individuals or for profit organizations.
3. Section 307.12 is amended by revising paragraph (c) to read as
follows:
Sec. 307.12 Applicants.
* * * * *
(c) Technical assistance grant funds may not be awarded to private
individuals or for profit organizations.
4. Section 307.13 is amended by revising paragraph (b) to read as
follows:
Sec. 307.13 Selection process.
* * * * *
(b) EDA may during the course of the year, identify specific
economic development technical assistance activities it wishes to have
conducted. Organizations and individuals interested in being invited to
respond to Solicitations of Applications (SOAs) to conduct such studies
should submit information on their capabilities and experience. See the
annual FY NOFA for the appropriate point of contact and address.
4. Section 307.14 is amended by revising paragraph (e) to read as
follows:
Sec. 307.14 Evaluation criteria.
* * * * *
(e) Demonstrates innovative approaches to stimulating economic
development in depressed areas.
5. Section 307.16 is amended by revising the introductory text to
read as follows:
Sec. 307.16 Purpose and scope.
The purposes of research and evaluation projects are as follows:
* * * * *
6. Section 307.18 is amended by revising paragraph (b) to read as
follows:
Sec. 307.18 Selection process.
* * * * *
(b) EDA may during the course of the year, identify specific
research or program evaluation projects it wishes to have conducted.
Organizations and individuals interested in being invited to respond to
SOAs to conduct such studies should submit information on their
capabilities and experience. See the annual FY NOFA for the appropriate
point of contact and address.
7. Section 307.20 is amended by revising paragraph (c) and removing
paragraph (e) to read as follows:
Sec. 307.20 Research topics and structure.
* * * * *
(c) EDA normally prefers research of broad geographical scope.
* * * * *
PART 308--REQUIREMENTS FOR GRANTS UNDER THE TITLE IX ECONOMIC
ADJUSTMENT PROGRAM
1. The authority citation for part 308 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 308.5 is amended by revising paragraph (b) to read as
follows:
Sec. 308.5 Selection process.
* * * * *
(b) Applicants for funding of a Revolving Loan Fund (RLF) are
generally required to submit a RLF Plan in addition to the adjustment
strategy for the area. Guidelines on RLFs are available from the
Regional Offices. See the annual FY NOFA for the appropriate point of
contact and address.
2. Section 308.7 is amended by revising paragraph (a) to read as
follows:
Sec. 308.7 Award requirements.
(a) Projects are expected to be completed in a timely manner
consistent with the nature of the project. Normally, the maximum period
for any financial assistance that is provided shall be not more than 5
years from the end of the fiscal year of the award.
* * * * *
[[Page 7984]]
PART 315--CERTIFICATION AND ADJUSTMENT ASSISTANCE FOR FIRMS
1. The heading for part 315 is revised to read as set forth above.
2. The authority citation for part 315 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, (19
U.S.C. 2341-2355); Department of Commerce Organization Order 10-4,
as amended (40 FR 56702, as amended).
3. Section 315.2 is amended by revising the definitions of Firm,
Partial separation, and A significant number or proportion of workers
to read as follows:
Sec. 315.2 Definitions.
* * * * *
Firm means an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy or
receiver under court decree and including fishing, agricultural
entities and those which explore, drill or otherwise produce oil or
natural gas. When a firm owns or controls other firms as described
below, for purposes of receiving benefits under this part, the firm and
such other firms may be considered a single firm when they produce like
or directly competitive articles or are exerting essential economic
control over one or more production facilities. Such other firms
include:
(1) Predecessor;
(2) Successor;
(3) Affiliate; or
(4) Subsidiary.
* * * * *
Partial separation means either:
(1) A reduction in an employee's work hours to 80 percent or less
of the employee's average weekly hours during the year of such
reductions as compared to the preceding year; or
(2) A reduction in the employee's weekly wage to 80 percent or less
of his/her average weekly wage during the year of such reduction as
compared to the preceding year.
* * * * *
A significant number or proportion of workers means 5 percent of
the firm's work force or 50 workers, whichever is less. An individual
farmer is considered a significant number or proportion of workers.
* * * * *
4. Section 315.5 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 315.5 Selection process.
* * * * *
(b) * * *
(2) Once firms are certified in accordance with the procedures
described in Secs. 315.9 and 315.10, an adjustment proposal is usually
prepared with technical assistance from a party independent of the
firm, usually the TAAC, and submitted to EDA;
* * * * *
5. Section 315.8 is amended by revising paragraph (a) to read as
follows:
Sec. 315.8 Purpose and scope.
(a) Trade Adjustment Assistance Centers (TAACs) are available to
assist firms in all fifty states, the District of Columbia and the
Commonwealth of Puerto Rico in obtaining adjustment assistance. TAACs
provide technical assistance in accordance with this subpart either
through their own staffs or by arrangements with outside consultants.
Information concerning TAACs serving particular areas can be obtained
from EDA. See the annual FY NOFA for the appropriate point of contact
and address.
* * * * *
6. Section 315.9 is amended by revising paragraph (a) to read as
follows:
Sec. 315.9 Certification requirements.
* * * * *
(a) A significant number or proportion of workers in such firm have
become totally or partially separated, or are threatened to become
totally or partially separated.
* * * * *
7. Section 315.10 is amended by revising paragraphs (b)(4) through
(b)(6) to read as follows:
Sec. 315.10 Processing petitions for certification.
* * * * *
(b) * * *
(4) Data on its sales, production and employment for the two most
recent years;
(5) Copies of its audited financial statements, or if not
available, unaudited financial statements and Federal income tax
returns for the two most recent years;
(6) Copies of unemployment insurance reports for the two most
recent years.
* * * * *
8. Section 315.11 is amended by revising paragraph (a) to read as
follows:
Sec. 315.11 Hearings, appeals and final determinations.
(a) Any petitioner may appeal to EDA from a denial of certification
provided that the appeal is received by EDA in writing by personal
delivery or by registered mail within 60 days from the date of notice
of denial under Sec. 315.10(g). The appeal shall state the grounds on
which the appeal is based, including a concise statement of the
supporting facts and law. The decision of EDA on the appeal shall be
the final determination within the Department of Commerce. In the
absence of an appeal by the petitioner under this paragraph, such final
determination shall be determined under Sec. 315.10(g).
* * * * *
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 316.1 is amended by revising paragraphs (b)(1) and
(b)(7) to read as follows:
Sec. 316.1 Environment.
* * * * *
(b) * * *
(1) Requirements under the National Environmental Policy Act of
1969 (NEPA), Public Law 91-190, as amended, 42 U.S.C. 4321 et seq. as
implemented under 40 CFR parts 1500 et seq. including the following:
(i) The implementing regulations of NEPA require EDA to provide
public notice of the availability of project specific environmental
documents such as environmental impact statements, environmental
assessments, findings of no significant impact, records of decision
etc., to the affected public as specified in 40 CFR 1506.6(b); and
(ii) Depending on the project location, environmental information
concerning specific projects can be obtained from the Environmental
Officer in the appropriate Washington, D.C. or regional office listed
in the NOFA;
* * * * *
(7) Resource Conservation and Recovery Act of 1976, Public Law 94-
580 as amended, 42 U.S.C. 6901 et seq.;
* * * * *
3. Section 316.3 is amended by revising paragraph (b) to read as
follows:
Sec. 316.3 Excess capacity.
* * * * *
(b) Definitions. For purposes of this section only:
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
[[Page 7985]]
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.
* * * * *
4. Section 316.13 is added to read as follows:
Sec. 316.13 Preapproval construction.
Project construction carried out before approval of an application
by EDA is carried out at the sole risk of applicant. Such activity
could result in rejection of such project application, the disallowance
of costs, or other adverse consequences as a result of non-compliance
with Federal labor standards, or Federal environmental, historic
preservation or related requirements.
PART 317--CIVIL RIGHTS
1. The authority citation for part 317 continues to read as
follows:
Authority: Sec. 701, Pub. L. 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 317.1 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 317.1 Civil rights.
* * * * *
(c) * * *
(2) Employment data in such form and manner as determined by EDA;
* * * * *
Dated: February 26, 1996.
Phillip A. Singerman,
Assistant Secretary for Economic Development.
[FR Doc. 96-4707 Filed 2-29-96; 8:45 am]
BILLING CODE 3510-34-P