Revisions to the EDA Regulations, 11733 [2010-5406]

Agencies

• DEPARTMENT OF COMMERCE
• Economic Development Administration

[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Rules and Regulations]
[Page 11733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5406]



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Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules 
and Regulations

[[Page 11733]]



DEPARTMENT OF COMMERCE

Economic Development Administration

13 CFR Part 301

[Docket No.: 080213181-0125-013]
RIN 0610-AA64


Revisions to the EDA Regulations

AGENCY: Economic Development Administration, Department of Commerce.

ACTION: Correcting amendment.

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SUMMARY: On January 27, 2010, the Economic Development Administration 
(``EDA'') published a final rule implementing revisions to its 
regulations. The final rule responded to all substantive comments 
received during the public comment period and finalized the rulemaking 
proceeding in connection with the interim final rule published on 
October 22, 2008. EDA publishes this rule to correct a heading of a 
subpart in the regulations that addresses application requirements and 
evaluation criteria.

DATES: This correction is effective as of March 12, 2010.

FOR FURTHER INFORMATION CONTACT: Hina Shaikh, Office of Chief Counsel, 
Economic Development Administration, Department of Commerce, Room 7005, 
1401 Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 
482-4687.

SUPPLEMENTARY INFORMATION: On January 27, 2010 (75 FR 4259), the EDA 
published a final rule implementing certain revisions to its 
regulations. EDA is publishing this notice to amend the heading of 13 
CFR part 301, subpart E, which in general addresses the application 
requirements and evaluation criteria for EDA investment assistance. 
This notice removes the words ``Proposal and'' in the heading of 
subpart E of part 301.
    EDA makes this change to ensure that the heading accurately 
reflects the current application process. On October 1, 2008, EDA 
published a notice in the Federal Register (73 FR 57049) to introduce 
its Application for Investment Assistance (Form ED-900). Previously, 
applicants were required to complete and submit a proposal using the 
Pre-Application for Investment Assistance (Form ED-900P), followed by 
an Application for Investment Assistance (Form ED-900A), if EDA deemed 
that the proposed project merited further consideration. The Form ED-
900 consolidates all EDA-specific requirements into a single 
application, and accordingly, effective November 1, 2008, EDA accepts 
only the Form ED-900, along with specific forms from the Standard Form 
424 family. In line with the October 1, 2008 publication, the January 
27, 2010 final rule removed references to the Form ED-900P in EDA's 
regulations, but inadvertently did not change the subpart heading. 
Accordingly, this notice corrects this error.

Classification

    Prior notice and opportunity for public comment are not required 
for rules concerning public property, loans, grants, benefits, and 
contracts (5 U.S.C. 553(a)(2)). Because prior notice and an opportunity 
for public comment are not required pursuant to 5 U.S.C. 553, or any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory 
flexibility analysis has not been prepared.

Executive Order No. 12866

    It has been determined that this final rule is significant for 
purposes of Executive Order 12866.

Congressional Review Act

    This final rule is not major under the Congressional Review Act (5 
U.S.C. 801 et seq.)

Executive Order No. 13132

    Executive Order 13132 requires agencies to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in Executive Order 13132 to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' It has been determined that this final rule does not 
contain policies that have federalism implications.

Paperwork Reduction Act

    This final rule contains collections-of-information subject to 
review and approval by OMB under the Paperwork Reduction Act (``PRA''). 
The OMB is required to clear all federally-sponsored data collections 
pursuant to the PRA. Notwithstanding any other provision of the law, no 
person is required to respond to, nor shall any person be subject to a 
penalty for failure to comply with, a collection-of-information subject 
to the requirements of the PRA, unless that collection-of-information 
displays a currently valid OMB control number.

List of Subjects in 13 CFR Part 301

    Grant administration, Grant programs, Eligibility requirements, 
Application requirements, Economic distress levels, Investment rates.

Regulatory Text

0
For reasons stated in the preamble, 13 CFR part 301 is corrected by 
making the following correcting amendment:

PART 301--ELIGIBILITY, INVESTMENT RATE AND APPLICATION REQUIREMENTS

0
1. The authority citation for part 301 continues to read as follows:

    Authority:  42 U.S.C. 3121; 42 U.S.C. 3141-3147; 42 U.S.C. 3149; 
42 U.S.C. 3161; 42 U.S.C. 3175; 42 U.S.C. 3192; 42 U.S.C. 3194; 42 
U.S.C. 3211; 42 U.S.C. 3233; Department of Commerce Delegation Order 
10-4.


0
2. Revise the heading to subpart 301 to read as follows:

Subpart E--Application Requirements; Evaluation Criteria

* * * * *

    Dated: March 8, 2010.
Otto Barry Bird,
Chief Counsel, Economic Development Administration.
[FR Doc. 2010-5406 Filed 3-11-10; 8:45 am]
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