Rural Microentrepreneur Assistance Program; Correction, 41695-41696 [2010-17480]

Download as PDF Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Rules and Regulations mstockstill on DSKH9S0YB1PROD with RULES but determined that even relaxed inspection and weighing requirements would still place an undue burden on these types of shipments. Executive Order 12866 and Effect on Small Entities This interim final rule has been determined not to be significant for the purpose of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). This rule would provide regulatory relief to both large and small businesses. The Small Business Administration (SBA) defines small businesses by their North American Industry Classification System Codes (NAICS).1 The SBA defines small grain exporters in its regulations (13 CFR 121.201) as entities having less than $7,000,000 in average annual receipts (NAICS code 115114). GIPSA believes this waiver effectively eliminates a cost impact on all high quality specialty grain exporters that would otherwise have to pay for GIPSA’s onsite inspection and weighing services, without impairing the objectives of the USGSA. GIPSA estimates that there are currently 32 small and 8 large businesses (as defined by the SBA) operating as exporters of high quality specialty grain. Pursuant to requirements set forth in the Regulatory Flexibility Act (5 U.S.C. 601–612), GIPSA has considered the economic impact of this interim rule on small entities and has determined that its provisions would not have a significant economic impact on a substantial number of small entities. GIPSA invites interested parties to comment on the impacts of this action on small businesses and on whether this waiver should be made permanent. The growing market for high quality specialty grain exported in containers has caused shippers of high quality specialty grains to exceed the 15,000 metric ton waiver threshold for export inspection and weighing. GIPSA has consulted with its Grain Inspection Advisory Committee (Advisory Committee) on this issue. GIPSA’s Advisory Committee is composed of members representing grain producers, handlers, processors, and exporters. The Advisory Committee has advocated that GIPSA make permanent the waiver for high quality specialty grains exported in containers. While GIPSA agrees with the Advisory Committee that permanently waiving high quality specialty grains exported in containers is consistent with the intent of the USGSA and will 1 See: https://www.sba.gov/idc/groups/public/ documents/sba_homepage/serv_sstd_tablepdf.pdf. VerDate Mar<15>2010 18:18 Jul 16, 2010 Jkt 220001 allow this market to continue to grow, GIPSA is issuing this interim final rule to (1) extend by 2 years the waiver, and (2) request that interested parties comment on whether this waiver should instead be made permanent. This interim rule will continue to allow exporters of high quality specialty grains shipped in containers to ship high quality specialty grain without the cost burden of mandatory inspection and weighing, while allowing them to request the service when desired. Relieving this cost burden will continue to allow the industry to grow and equitably compete with global competitors. Executive Order 12988 This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The USGSA provides in section 87g (7 U.S.C. 87g) that no State or subdivision thereof may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this interim rule would not preempt any State or local laws, or regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this interim rule. Paperwork Reduction Act In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520), the information collection and recordkeeping included in this interim rule were approved by Office of Management and Budget under Control No. 0580–0022, and expire on May 31, 2012. This information collection continues to be necessary in order for GIPSA to ensure that exporters of high quality specialty grain shipped in containers comply with the waiver provisions contained in § 800.18 (7 CFR 800.18) of the regulations issued under the USGSA. E-Government Compliance GIPSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 800 Administrative practice and procedure, Export, Grain. ■ For reasons set out in the preamble, 7 CFR Part 800 is amended as follows: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 41695 PART 800—GENERAL PROVISIONS 1. The authority citation for Part 800 continues to read as follows: ■ Authority: 7 U.S.C. 71–87k. 2. In § 800.0, paragraph (b)(44) is revised to read as follows: ■ § 800.0 Meaning of terms. * * * * * ■ (b) * * * (44) High Quality Specialty Grain. Grain sold under contract terms that specify all factors exceed the grade limits for U.S. No. 1 grain, except for the factor test weight, or specify ‘‘organic’’ as defined by 7 CFR Part 205. This waiver expires on July 31, 2012. * * * * * ■ 3. In § 800.18, paragraph (b)(8) is revised to read as follows: § 800.18 Waivers of the official inspection and Class X weighing requirements. * * * * * (b) * * * (8) High Quality Specialty Grain Shipped in Containers. Official inspection and weighing requirements do not apply to high quality specialty grain exported in containers. Records generated during the normal course of business that pertain to these shipments must be made available to the Service upon request, for review or copying. These records must be maintained for a period of 3 years. This waiver expires on July 31, 2012. J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2010–17529 Filed 7–16–10; 8:45 am] BILLING CODE 3410–KD–P DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service 7 CFR Part 4280 RIN 0570–AA71 Rural Microentrepreneur Assistance Program; Correction AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Correcting amendments. SUMMARY: The Agency published an Interim Rule in the Federal Register of May 28, 2010, [75 FR 30114] establishing a technical and financial assistance program for qualified microenterprise development organizations to support microentrepreneurs in the development E:\FR\FM\19JYR1.SGM 19JYR1 41696 Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Rules and Regulations and ongoing success of rural microenterprises. This document has an incorrect definition of ‘‘nonprofit entity,’’ contains an incomplete definition of ‘‘rural or rural area,’’ and has an incorrect cross-reference. DATES: Effective July 19, 2010. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Lori Washington, (202) 720–9815. SUPPLEMENTARY INFORMATION: Need for Correction As published, the interim rule contains two incorrect definitions and an incorrect cross-reference. The definition of ‘‘nonprofit entity’’ refers to a ‘‘private entity chartered as a nonprofit entity under State law.’’ By including reference to ‘‘private entity,’’ this definition restricts nonprofits from being eligible applicants if they are not private nonprofits. It was not the intention of the Agency to restrict eligible nonprofits to only private entities. Therefore, the Agency is deleting the word ‘‘private’’ for the definition on nonprofit entity. The 2008 Farm Bill, which authorizes the Rural Microentrepreneur Assistance Program (RMAP), made several revisions to the rural area definition for programs administered under the Consolidated Farm and Rural Development Act. The definition of ‘‘rural or rural area’’ inadvertently excludes mandatory language from the 2008 Farm Bill ‘‘rural area’’ definition. Therefore, the Agency is revising this definition to be consistent with the 2008 Farm Bill. In § 4280.315(d)(5) of the interim rule, there is an incorrect cross-reference to § 4280.316(e). The correct crossreference is § 4280.316(d). List of Subjects in 7 CFR Part 4280 Business programs, Grant programs, Loan programs, Microenterprise development organization, Microentrepreneur, Rural areas, Rural development, Small business. ■ Accordingly, 7 CFR part 4280 is corrected by making the following correcting amendments: PART 4280—LOANS AND GRANTS 1. The authority citation for part 4280 continues to read as follows: mstockstill on DSKH9S0YB1PROD with RULES ■ Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2009s. Subpart D—Rural Microentrepreneur Assistance Program 2. Section 4280.302(a) is corrected in the definition for ‘‘Nonprofit entity’’ by removing the words ‘‘A private’’ and ■ VerDate Mar<15>2010 15:50 Jul 16, 2010 Jkt 220001 adding in their place the word ‘‘An’’, and (v)(A) or (B) of this definition, is a rural the definition for ‘‘Rural or rural area’’ is area for the purposes of this paragraph, revised to read as follows: if the Under Secretary finds that the part is ‘‘rural in character’’, as determined by § 4280.302 Definitions and abbreviations. the Under Secretary. (a) * * * (A) An urbanized area that has two * * * * * points on its boundary that are at least Rural or rural area. Any area of a 40 miles apart, which is not contiguous State not in a city or town that has a or adjacent to a city or town that has a population of more than 50,000 population of greater than 150,000 inhabitants, according to the latest inhabitants or the urbanized area of decennial census of the United States, such a city or town; or and the contiguous and adjacent (B) An urbanized area contiguous and urbanized area, and any area that has adjacent to a city or town of greater than been determined to be ‘‘rural in 50,000 population that is within onecharacter’’ by the Under Secretary for quarter mile of a rural area. Rural Development, or as otherwise * * * * * identified in this definition. In determining which census blocks in an § 4280.315 [Corrected] urbanized area are not in a rural area, ■ 3. In § 4280.315(d)(5), remove the the Agency will exclude any cluster of reference ‘‘§ 4280.316(e)’’ and add, in its census blocks that would otherwise be place, ‘‘§ 4280.316(d).’’ considered not in a Rural Area only Dated: July 13, 2010. because the cluster is adjacent to not Judith A. Canales, more than two census blocks that are otherwise considered not in a rural area Administrator, Rural Business-Cooperative under this definition. Service. (i) For the purposes of this definition, [FR Doc. 2010–17480 Filed 7–16–10; 8:45 am] cities and towns are incorporated BILLING CODE 3410–XY–P population centers with definite boundaries, local self government, and legal powers set forth in a charter FEDERAL TRADE COMMISSION granted by the State. (ii) For the Commonwealth of Puerto 16 CFR Part 305 Rico, the island is considered rural and eligible for Business Programs [RIN 3084-AB03] assistance, except for the San Juan Census Designated Place (CDP) and any Appliance Labeling Rule other CDP with greater than 50,000 AGENCY: Federal Trade Commission inhabitants. CDPs with greater than (‘‘FTC’’ or ‘‘Commission’’). 50,000 inhabitants, other than the San ACTION: Final rule; opportunity for Juan CDP, may be determined to be comment. eligible if they are ‘‘not urban in character.’’ Any such requests must be SUMMARY: Section 321 of the Energy forwarded to the National Office, Independence and Security Act of 2007 Business and Industry Division, with requires the Commission to consider the supporting documentation as to why the effectiveness of current labeling area is ‘‘not urban in character’’ for requirements for lamps (commonly review, analysis, and decision by the referred to as light bulbs) and alternative Rural Development Under Secretary. labeling approaches. After holding a (iii) For the State of Hawaii, all areas public meeting, conducting consumer within the State are considered rural research, issuing proposed changes to and eligible for Business Programs existing labeling requirements, and assistance, except for the Honolulu CDP reviewing public comments, the within the County of Honolulu. Commission announces final (iv) For the purpose of defining a rural amendments to the lamp labeling area in the Republic of Palau, the requirements in the Appliance Labeling Federated States of Micronesia, and the Rule. The Commission also seeks Republic of the Marshall Islands, the further comment on several issues for Agency shall determine what consideration in any subsequent constitutes rural and rural area based on rulemaking. available population data. (v) On the petition of a unit of local DATES: The amendments published in government in an area described in this document will become effective paragraph (v)(A) or (B) of this definition, July 19, 2011 except for the or on the initiative of the Under amendments to § 305.8 which will Secretary for Rural Development, the become effective August 18, 2010. Under Secretary may determine that Comments must be received on or part of an area described in paragraph before September 20, 2010. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\19JYR1.SGM 19JYR1

Agencies

[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Rules and Regulations]
[Pages 41695-41696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17480]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

7 CFR Part 4280

RIN 0570-AA71


Rural Microentrepreneur Assistance Program; Correction

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Correcting amendments.

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

SUMMARY: The Agency published an Interim Rule in the Federal Register 
of May 28, 2010, [75 FR 30114] establishing a technical and financial 
assistance program for qualified microenterprise development 
organizations to support microentrepreneurs in the development

[[Page 41696]]

and ongoing success of rural microenterprises. This document has an 
incorrect definition of ``nonprofit entity,'' contains an incomplete 
definition of ``rural or rural area,'' and has an incorrect cross-
reference.

DATES: Effective July 19, 2010.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Lori Washington, (202) 720-9815.

SUPPLEMENTARY INFORMATION:

Need for Correction

    As published, the interim rule contains two incorrect definitions 
and an incorrect cross-reference.
    The definition of ``nonprofit entity'' refers to a ``private entity 
chartered as a nonprofit entity under State law.'' By including 
reference to ``private entity,'' this definition restricts nonprofits 
from being eligible applicants if they are not private nonprofits. It 
was not the intention of the Agency to restrict eligible nonprofits to 
only private entities. Therefore, the Agency is deleting the word 
``private'' for the definition on nonprofit entity.
    The 2008 Farm Bill, which authorizes the Rural Microentrepreneur 
Assistance Program (RMAP), made several revisions to the rural area 
definition for programs administered under the Consolidated Farm and 
Rural Development Act. The definition of ``rural or rural area'' 
inadvertently excludes mandatory language from the 2008 Farm Bill 
``rural area'' definition. Therefore, the Agency is revising this 
definition to be consistent with the 2008 Farm Bill.
    In Sec.  4280.315(d)(5) of the interim rule, there is an incorrect 
cross-reference to Sec.  4280.316(e). The correct cross-reference is 
Sec.  4280.316(d).

List of Subjects in 7 CFR Part 4280

    Business programs, Grant programs, Loan programs, Microenterprise 
development organization, Microentrepreneur, Rural areas, Rural 
development, Small business.

0
Accordingly, 7 CFR part 4280 is corrected by making the following 
correcting amendments:

PART 4280--LOANS AND GRANTS

0
1. The authority citation for part 4280 continues to read as follows:

    Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2009s.

Subpart D--Rural Microentrepreneur Assistance Program

0
2. Section 4280.302(a) is corrected in the definition for ``Nonprofit 
entity'' by removing the words ``A private'' and adding in their place 
the word ``An'', and the definition for ``Rural or rural area'' is 
revised to read as follows:


Sec.  4280.302  Definitions and abbreviations.

    (a) * * *
* * * * *
    Rural or rural area. Any area of a State not in a city or town that 
has a population of more than 50,000 inhabitants, according to the 
latest decennial census of the United States, and the contiguous and 
adjacent urbanized area, and any area that has been determined to be 
``rural in character'' by the Under Secretary for Rural Development, or 
as otherwise identified in this definition. In determining which census 
blocks in an urbanized area are not in a rural area, the Agency will 
exclude any cluster of census blocks that would otherwise be considered 
not in a Rural Area only because the cluster is adjacent to not more 
than two census blocks that are otherwise considered not in a rural 
area under this definition.
    (i) For the purposes of this definition, cities and towns are 
incorporated population centers with definite boundaries, local self 
government, and legal powers set forth in a charter granted by the 
State.
    (ii) For the Commonwealth of Puerto Rico, the island is considered 
rural and eligible for Business Programs assistance, except for the San 
Juan Census Designated Place (CDP) and any other CDP with greater than 
50,000 inhabitants. CDPs with greater than 50,000 inhabitants, other 
than the San Juan CDP, may be determined to be eligible if they are 
``not urban in character.'' Any such requests must be forwarded to the 
National Office, Business and Industry Division, with supporting 
documentation as to why the area is ``not urban in character'' for 
review, analysis, and decision by the Rural Development Under 
Secretary.
    (iii) For the State of Hawaii, all areas within the State are 
considered rural and eligible for Business Programs assistance, except 
for the Honolulu CDP within the County of Honolulu.
    (iv) For the purpose of defining a rural area in the Republic of 
Palau, the Federated States of Micronesia, and the Republic of the 
Marshall Islands, the Agency shall determine what constitutes rural and 
rural area based on available population data.
    (v) On the petition of a unit of local government in an area 
described in paragraph (v)(A) or (B) of this definition, or on the 
initiative of the Under Secretary for Rural Development, the Under 
Secretary may determine that part of an area described in paragraph 
(v)(A) or (B) of this definition, is a rural area for the purposes of 
this paragraph, if the Under Secretary finds that the part is ``rural 
in character'', as determined by the Under Secretary.
    (A) An urbanized area that has two points on its boundary that are 
at least 40 miles apart, which is not contiguous or adjacent to a city 
or town that has a population of greater than 150,000 inhabitants or 
the urbanized area of such a city or town; or
    (B) An urbanized area contiguous and adjacent to a city or town of 
greater than 50,000 population that is within one-quarter mile of a 
rural area.
* * * * *


Sec.  4280.315  [Corrected]

0
3. In Sec.  4280.315(d)(5), remove the reference ``Sec.  4280.316(e)'' 
and add, in its place, ``Sec.  4280.316(d).''

    Dated: July 13, 2010.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2010-17480 Filed 7-16-10; 8:45 am]
BILLING CODE 3410-XY-P

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