Unknown. Interim final rule; amendments

4,630 words·~21 min read·/register/2005/12/15/05-23927·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-12-15.xml --- 70 240 Thursday, December 15, 2005 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign: Nursery stock, 74215-74235 05-24031 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: SBC Communications Inc. et al., 74334-74350 05-23814 Verizon Communications Inc. et al., 74350-74366 05-23815 National cooperative research notifications:

American Society of Mechanical Engineers, 74333 05-24092 Polyurea Development Association, 74333 05-24095 USB Implementers Forum, Inc., 74333-74334 05-24093 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 74319-74321 E5-7378 E5-7382 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Chicago New Year's Celebration, Lake Michigan, IL, 74202-74204 05-24068 PROPOSED RULES Pollution:

Pollution prevention equipment; oil discharge reduction from vessels, and elimination of ozone-depleting solvents in equipment tests; correction, 74259 05-24067 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity Exchange Act: Market and large trader reporting; amendments, 74246-74259 05-23977 Commodity pool operators annual reports; electronic filing requirement, 74240-74246 05-23965 Economic Economic Development Administration RULES Economic Development Administration Reauthorization Act of 2004; implementation, 74193-74196 05-23927 Effective date; change, 74196-74197 05-24110 Education Education Department PROPOSED RULES Elementary and secondary education and special education and rehabilitative services:

Children with disabilities; assistance to States, 74624-74638 05-24083 NOTICES Agency information collection activities; proposals, submissions, and approvals, 74306-74307 E5-7347 E5-7348 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Cranford Woodcarving, Inc., et al., 74367-74371 E5-7380 Foampro Manufacturing, Inc., 74371 E5-7377 GE Consumer Finance, 74371 E5-7376 ICT Group, et al., 74371-74372 E5-7381 International Resistive Company, Inc., 74372-74373 E5-7375 Joy Technologies, Inc., 74373 E5-7379 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs:

Fuel and fuel additives— Reformulated and conventional gasoline including butane blenders and attest engagements; standards and requirements modifications, 74552-74579 05-23807 PROPOSED RULES Air programs: Fuel and fuel additives— Reformulated and conventional gasoline including butane blenders and attest engagements; standards and requirements modifications, 74582-74596 05-23806 Air quality implementation plans; approval and promulgation; various States: Maine, 74259-74262 05-24076 NOTICES Agency information collection activities; proposals, submissions, and approvals, 74311-74314 05-24074 05-24075 Air pollution control:

Citizens suits; proposed settlements— South Jersey Environmental Justice Alliance et al., 74314-74315 05-24077 Pesticide registration, cancellation, etc.: Amvac Chemical Corp., 74315-74316 05-24094 Suterra LLC, 74316-74318 05-24098 Water supply: Safe Drinking Water Act— New Mexico; Underground Injection Control Program; Indian country status, 74318 05-24073 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 74319 05-24118 FAA Federal Aviation Administration RULES Area navigation routes, 74197-74198 05-24069 PROPOSED RULES Airworthiness directives:

Airbus, 74235-74237 05-24051 Boeing, 74237-74240 05-24052 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Various States, 74204-74206 05-24062 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 74307-74308 E5-7358 Cranberry Pipeline Corp., 74308 E5-7355 Discovery Gas Transmission LLC, 74308 E5-7359 Dominion Transmission, Inc., 74308-74309 E5-7360 Enogex Inc., 74309 E5-7356 Gas Transmission Northwest Corp., 74309 E5-7351 Great Lakes Gas Transmission Limited Partnership, 74309-74310 E5-7361 Illinois Municipal Electric Agency, 74310 E5-7362 New York Independent System Operator, Inc., 74310 E5-7354 Pacific Gas and Electric Co., 74310-74311 E5-7353 San Diego Gas & Electric Co., 74311 E5-7352 Texas Gas Transmission, LLC, 74311 E5-7357 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Permissible nonbanking activities, 74319 E5-7373 Federal Transit Federal Transit Administration NOTICES Reports and guidance documents; availability, etc.: Title VI and EEO circulars; revisions, 74422-74423 05-24066 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Perdido Key beach mouse, etc., 74426-74549 05-23695 Findings on petitions, etc.— Queen Charlotte goshawk, 74284-74285 05-24045 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 74321-74325 05-24040 05-24041 05-24042 Reports and guidance documents; availability, etc.:

Advisory committees; annual reports, 74325 05-24039 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Georgia— Perkins Shibaura Engines LLC; compact diesel engines, 74289 05-24090 Pennsylvania— Merck & Co., Inc., 74290 05-24086 Puerto Rico— Merck Sharpe & Dohme Quimica De Puerto Rico Inc.; pharmaceutical products, 74290 05-24084 Virginia— Merck & Co., Inc.; pharmaceutical products, 74291 05-24085 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Shasta County, 74289 05-24058 Trinity County, 74289 05-24059 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 74329 E5-7349 Indian Indian Affairs Bureau NOTICES Tribal -State Compact approval;

Class III (casino) gambling: Nooksack Tribe, WA, 74331 E5-7394 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Tribal Self-Governance Program, 74325-74329 E5-7393 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Senior Executive Service; Performance Review Board; membership, 74329-74331 E5-7387 IRS Internal Revenue Service RULES Employment taxes and collection of income taxes at source:

Sickness or accident disability payments, 74198-74200 05-23945 PROPOSED RULES Income taxes and procedure and administration: Corporate estimated tax; correction, 74259 05-24091 International International Trade Administration NOTICES Antidumping: Artist canvas from— China, 74291-74292 E5-7400 Small diameter seamless carbon and alloy steel standard, line and pressure pipe from— Argentina, 74292-74293 E5-7399 International International Trade Commission NOTICES Import investigations:

Personal computers, server computers and components thereof, 74332-74333 E5-7350 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 74366-74367 E5-7383 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Front Range, 74332 E5-7374 Southwest Colorado, 74331-74332 E5-7184 NASA National Aeronautics and Space Administration RULES Acquisition regulations:

Property administration and reporting for interagency acquisitions, 74206 05-23993 Research announcements; small business subcontracting plans and publication acknowledgement and disclaimers, 74206-74207 05-23994 National Crime National Crime Prevention and Privacy Compact Council RULES Noncriminal justice administrative functions; outsourcing procedures, 74200 05-24055 NOTICES Outsourcing standards; security and management control, 74373-74379 05-24056 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards:

Air brake systems, 74270-74283 05-24070 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 74208 05-24078 Pacific halibut, 74208-74214 05-24082 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic herring, 74285-74288 05-24079 NOTICES Grants and cooperative agreements; availability, etc.: Atmospheric, Oceanic and Environmental Sciences, Living Marine Resources Science and Management, and Remote Sensing Technology at Minority Serving Instituti, 74294-74297 E5-7395 Environmental Entrepreneurship Program, 74297-74299 E5-7397 Graduate Sciences Program, 74299-74302 E5-7396 Undergraduate Scholarship Program, 74302-74305 E5-7398 Meetings:

Gulf of Mexico Fishery Management Council, E5-7385 74305-74306 E5-7386 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* American Energy Company, LLC, 74379 E5-7388 Virginia Electric And Power Co., 74379-74380 E5-7389 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 74200-74202 05-24088 NOTICES Single-employer and multiemployer plans:

Interest rates and assumptions, 74380 05-24089 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline safety: Gas transmission pipelines; internal corrosion reduction; design and construction standards, 74262-74265 05-24063 Pipeline integrity management in high consequence areas; program modifications and clarifications, 74265-74270 05-24061 SEC Securities and Exchange Commission PROPOSED RULES Securities: Proxy materials; internet availability, 74598-74622 05-24004 NOTICES Investment Advisers Act of 1940:

Riverton Management, Inc., 74381-74382 E5-7363 Meetings; Sunshine Act, 74382 05-24134 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, E5-7365 74382-74386 E5-7366 Boston Stock Exchange, Inc., 74386-74388 E5-7369 Chicago Board Options Exchange, Inc., 74388-74392 E5-7370 National Association of Securities Dealers, Inc., 74392-74395 E5-7384 New York Stock Exchange, Inc., 74395-74397 E5-7367 Pacific Exchange, Inc., 74397-74409 E5-7371 E5-7372 Philadelphia Stock Exchange, Inc., 74409-74411 E5-7364 *Applications, hearings, determinations, etc.:* Rockwell Automation, Inc., 74380-74381 E5-7368 SBA Small Business Administration NOTICES Mandatory declassification review requests, 74411 E5-7346 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Middle East Partnership Initiative— Study of United States Institute for undergraduate student leaders, 74411-74417 E5-7390 Religion and Society: A Dialogue, 74417-74422 E5-7391 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 74426-74549 05-23695 Part III Environmental Protection Agency, 74552-74579 05-23807 Part IV Environmental Protection Agency, 74582-74596 05-23806 Part V Securities and Exchange Commission, 74598-74622 05-24004 Part VI Education Department, 74624-74638 05-24083 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 240 Thursday, December 15, 2005 Rules and Regulations DEPARTMENT OF COMMERCE Economic Development Administration 13 CFR Parts 300, 301, 304 and 308 [Docket No.: 050729210-5325-04] RIN 0610-AA63 Economic Development Administration Reauthorization Act of 2004 Implementation;

Regulatory Revision AGENCY: Economic Development Administration, Department of Commerce. ACTION: Interim final rule; amendments. SUMMARY: The Economic Development Administration (“EDA”) published an interim final rule in the **Federal Register** on August 11, 2005. EDA is publishing this interim final rule to effect those changes to the August 11, 2005 interim final rule specified in the conference report, accompanying the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act.

Capitalized terms used but not otherwise defined in this interim final rule have the meanings ascribed to them in the August 11, 2005 interim final rule. DATES: This rule is effective as of December 15, 2005. FOR FURTHER INFORMATION CONTACT: Hina Shaikh, Esq., Attorney Advisor, 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: Preamble EDA published an interim final rule in the **Federal Register** (70 FR 47002) on August 11, 2005. The interim final rule reflects the amendments made to EDA's authorizing statute, the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) (“PWEDA”), by the Economic Development Administration Reauthorization Act of 2004 (Pub. L. 108-373). In addition to tracking the statutory amendments to PWEDA, the interim final rule reflects EDA's current practices and policies in administering its economic development programs that have evolved since the promulgation of EDA's former regulations. The interim final rule provided for a public comment period from August 11, 2005 through October 11, 2005. Additionally, on September 1, 2005, EDA held a public hearing on the August 11, 2005 interim final rule. On September 30, 2005, EDA published a final rule in the **Federal Register** (70 FR 57124) delaying the effective date, from October 1, 2005 until November 14, 2005, of

(i)Section 304.2(c)(2) of the interim final rule, pertaining to membership of a District Organization's governing body; and

(ii)Section 301.4 of the interim final rule, as the provisions of this section pertain to Investment Rates for EDA Planning Investments. The September 30, 2005 final rule also extended the deadline for submitting public comments on the interim final rule from October 11, 2005 until November 14, 2005. All other provisions of the interim final rule became effective on October 1, 2005. On November 14, 2005, EDA published another final rule in the **Federal Register** (70 FR 69053) delaying the effective date, from November 14, 2005 until January 31, 2006, of those provisions of the interim final rule for which the effective date was previously delayed by the final rule published on September 30, 2005. The conference report (H.R. Conf. Rep. No. 109-272; the “Conference Report”) accompanying the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act (Pub. L. 109-108) expresses Congressional intent as to specific changes to EDA's interim final rule. EDA is publishing this interim final rule to effect only those changes to the August 11, 2005 interim final rule specified in the Conference Report. EDA will consider and respond to all comments received during the public comment period on all aspects of this rulemaking, and will make additional revisions to the August 11, 2005 interim final rule in publishing a final rule during 2006. All section citations used herein refer to those same sections of the August 11, 2005 interim final rule. Section 300.3—Definitions In Section 300.3, the definition of “ *Private Sector Representative* ” is expanded from the definition set forth in the August 11, 2005 interim final rule and now includes a designee of any senior management official or executive holding a key decision-making position in any for-profit enterprise. Section 301.4—Investment Rates The August 11, 2005 interim final rule provided maximum allowable Investment Rate categories of 30% and 40% for those Regions eligible for Investment Assistance under PWEDA, but which are experiencing lower levels of economic distress. As discussed in the Conference Report, Table 1 in Section 301.4 is revised to show that projects located in Regions demonstrating

(i)a 24-month unemployment rate at least 1% greater than the national average or

(ii)per capita income not more than 80% of the national average will be eligible to receive a maximum allowable Investment Rate of 50%. This revision eliminates the 30% and 40% maximum allowable Investment Rate categories. The higher threshold levels of economic distress for the 60%, 70% and 80% maximum allowable Investment Rate categories remain the same as provided in the August 11, 2005 interim final rule. Subsection 301.4(b) of the August 11, 2005 interim final rule never became effective to the extent that it pertains to Investment Rates for EDA Planning Investments (see the October 1, 2005 and November 14, 2005 final rules delaying the effective date for this provision). Accordingly, subsection 306.3(b)(2) and

(3)of EDA's former regulations continued to apply. This interim final rule replaces section 306.3(b)(2) and

(3)of EDA's former regulations and revises section 301.4(b) of the August 11, 2005 interim final rule to the extent that it applies to Planning Investments. Specifically, this interim final rule includes a new subsection titled *Projects Under Part 303,* which includes the following provisions for determining the Investment Rates for Planning Investments:

(i)All Planning Investments will receive a minimum Investment Rate of 50%;

(ii)except as otherwise provided in Section 204(c) of PWEDA, the maximum allowable Investment Rate for Planning Investments will be the maximum allowable Investment Rate set forth in Table 1 of Section 301.4 for the most economically distressed county or other equivalent political unit (e.g., parish) within the Region;

(iii)the maximum allowable Investment Rate will not exceed 80%; and

(iv)in compelling circumstances, the Assistant Secretary may waive the requirement in paragraph

(ii)above. The Assistant Secretary cannot delegate the authority to grant this waiver. Section 304.2—District Organizations: Formation, Organizational Requirements and Operations Subsection 304.2(c)(2) of the August 11, 2005 interim final rule requires that a District Organization's governing body must include a majority of Private Sector Representatives. This provision, however, never became effective as the October 1, 2005 and November 14, 2005 final rules delayed its effective date until January 31, 2006. Accordingly, Section 302.3(c) of EDA's former regulations continued to apply. This interim final rule replaces Section 302.3(c) of EDA's former regulations and revises Section 304.2(c) of the August 11, 2005 interim final rule as follows:

(i)A District Organization's governing body must include at least one

(1)Private Sector Representative, together with one

(1)or more of the following: Executive Directors of Chambers of Commerce, or representatives of institutions of post-secondary education, workforce development groups, or labor groups, all of which must comprise in the aggregate a minimum of 35% of the District Organization's governing body; and

(ii)if the District Organization demonstrates an inability to locate a Private Sector Representative to serve on its governing body following extensive due diligence (acceptable to EDA), the Assistant Secretary may waive the Private Sector Representative requirement. This interim final rule also adds a provision stating that the District Organization's governing body will also have at least a simple majority of its membership who are elected officials and/or employees of a general purpose unit of local government who have been appointed to represent the government. Subsection 304.2(d) of the August 11, 2005 interim final rule provided that District Organizations may contract for services to accomplish approved scopes of work for Planning Investments. This subsection is revised in this interim final rule to specify that the District Organization will engage in the full range of economic development activities listed in its EDA-approved CEDS, which may include

(i)coordinating and implementing economic development activities in the District;

(ii)carrying out economic development research, planning, implementation and advisory functions identified in the CEDS; and

(iii)coordinating the development and implementation of the CEDS with other local, State, federal and private organizations. This subsection continues to give District Organizations the discretion to contract for services as necessary. Section 304.3—District Modification and Termination Subsection 304.3(b)(2) of the August 11, 2005 interim final rule provides that EDA may terminate a Region's designation as an Economic Development District when EDA determines that the District Organization fails to execute its CEDS according to the development, implementation and other performance measures set forth in the CEDS. This interim final rule adds a new subsection

(c)to Section 304.3 to clarify that prior to terminating a District's designation under subsection 304.3(b)(2), EDA will

(a)consult with the District Organization and

(b)consider all facts and circumstances surrounding the District Organization's operations. New subsection

(c)also provides that EDA will not terminate a District's designation based on circumstances beyond the control of the District Organization (e.g., natural disaster, plant closure, overall economic downturn, sudden and severe economic dislocation, or other situation). Section 308.2—Performance Awards EDA revises Section 308.2 of the August 11, 2005 interim final rule to better adhere to Section 215 of PWEDA. In subsection 308.2(b) of this interim final rule, consistent with the “meet or exceeds” threshold in Section 215 of PWEDA, EDA eliminates the requirement that project performance be “exceptional.” Additionally, this interim final rule revises and redesignates subsection 308.2(d) (new subsection 308.2(e)) to clarify that EDA will set forth in an annual FFO the requirements, qualifications, guidelines and procedures for performance awards, with all performance awards being subject to the availability of funds. 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 interim final rule is significant for purposes of Executive Order 12866. Congressional Review Act This interim 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 interim final rule does not contain policies that have federalism implications. List of Subjects 13 CFR Part 300 Grant administration, Grant programs, Financial assistance, Private sector representative. 13 CFR Part 301 Grant administration, Grant programs, Eligibility requirements, Applicant and application requirements, Economic distress levels, Investment rates, Proposal selection. 13 CFR Part 304 Grant administration, Grant programs, Economic development district, Organizational requirements, District modification and Termination, performance evaluations. 13 CFR Part 308 Grant administration, Grant programs, Performance awards, Planning performance awards. Regulatory Text For reasons stated in the preamble, Chapter III of Title 13 of the CFR is amended as follows: PART 300—GENERAL INFORMATION 1. The authority citation for part 300 continues to read as follows: Authority: 42 U.S.C. 3121; 42 U.S.C. 3122; 42 U.S.C. 3211; Department of Commerce Organization Order 10-4. 2. Amend § 300.3 by revising the definition of “ *Private Sector Representative* ” to read as follows: § 300.3 Definitions. *Private Sector Representative* means, with respect to any for-profit enterprise, any senior management official or executive holding a key decision-making position, or that person's designee. PART 301—ELIGIBILITY, INVESTMENT RATE AND PROPOSAL AND APPLICATION REQUIREMENTS 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. 2. Amend § 301.4 by revising paragraph (b)(1)(ii); by redesignating paragraphs (b)(3) and (b)(4) as paragraphs (b)(4) and (b)(5), respectively; and by adding new paragraph (b)(3) to read as follows: § 301.4 Investment Rates.

(b)* * *

(1)* * *

(ii)*Table 1.* Table 1 of this paragraph sets forth the maximum allowable Investment Rate for Projects located in Regions subject to certain levels of economic distress. In cases where Table 1 produces divergent results (i.e., where Table 1 produces more than one

(1)maximum allowable Investment Rate based on the Region's levels of economic distress), the higher Investment Rate produced by Table 1 shall be the maximum allowable Investment Rate for the Project. Table 1 Projects located in regions in which: Maximum allowable investment rates (percentage)

(A)The twenty-four

(24)month unemployment rate is at least 225% of the national average; or 80

(B)The per capita income is not more than 50% of the national average 80

(C)The twenty-four

(24)month unemployment rate is at least 200% of the national average; or 70

(D)The per capita income is not more than 60% of the national average 70

(E)The twenty-four

(24)month unemployment rate is at least 175% of the national average; or 60

(F)The per capita income is not more than 65% of the national average 60

(G)The twenty-four

(24)month unemployment rate is at least 1% greater than the national average; or 50

(H)The per capita income is not more than 80% of the national average 50

(3)*Projects under part 303.*

(i)The minimum Investment Rate for Projects under part 303 of this Chapter shall be fifty

(50)percent.

(ii)Except as otherwise provided in paragraph

(iii)of this section or in paragraph (b)(5), the maximum allowable Investment Rate for Projects under part 303 of this chapter shall be the maximum allowable Investment Rate set forth in Table 1 for the most economically distressed county or other equivalent political unit (e.g., parish) within the Region. The maximum allowable Investment Rate shall not exceed eighty

(80)percent.

(iii)In compelling circumstances, the Assistant Secretary may waive the application of the first sentence in paragraph

(ii)of this section. The Assistant Secretary shall not delegate the authority to grant a waiver under this paragraph. PART 304—ECONOMIC DEVELOPMENT DISTRICTS 1. The authority citation for part 304 continues to read as follows: Authority: 42 U.S.C. 3122; 42 U.S.C. 3171; 42 U.S.C. 3172; 42 U.S.C. 3196; Department of Commerce Organization Order 10-4. 2. Amend § 304.2 by revising paragraphs (c)(2) and

(d)to read as follows: § 304.2 District Organizations: Formation, organizational requirements and operations.

(c)* * *

(2)The District Organization must demonstrate that its governing body is broadly representative of the principal economic interests of the Region, and, unless otherwise prohibited by applicable State or local law, must include at least one

(1)Private Sector Representative and one

(1)or more of the following: Executive Directors of Chambers of Commerce, or representatives of institutions of post-secondary education, workforce development groups or labor groups, all of which must comprise in the aggregate a minimum of thirty-five

(35)percent of the District Organization's governing body. The governing body shall also have at least a simple majority of its membership who are elected officials and/or employees of a general purpose unit of State, local or Indian tribal government who have been appointed to represent the government. Upon the District Organization's showing of its inability to locate a Private Sector Representative to serve on its governing body following extensive due diligence, the Assistant Secretary may waive the Private Sector Representative requirement. The Assistant Secretary shall not delegate the authority to grant a waiver under this paragraph.

(d)*Operations.*

(1)The District Organization shall engage in the full range of economic development activities listed in its EDA-approved CEDS. These activities may include:

(i)Coordinating and implementing economic development activities in the District;

(ii)Carrying out economic development research, planning, implementation and advisory functions identified in the CEDS; and

(iii)Coordinating the development and implementation of the CEDS with other local, State, federal and private organizations.

(2)The District Organization may at its option contract for services to accomplish the activities listed above. 3. Amend § 304.3 by redesignating paragraph

(c)as paragraph (d); and by adding new paragraph

(c)to read as follows: § 304.3 District modification and termination.

(c)Prior to terminating a District Organization under paragraph (b)(2) of this section, EDA will consult with the District Organization and consider all facts and circumstances regarding the District Organization's operations. EDA will not terminate a District's designation based on circumstances beyond the control of the District Organization (e.g., natural disaster, plant closure, overall economic downturn, sudden and severe economic dislocation, or other situation). PART 308—PERFORMANCE MEASURES 1. The authority citation for part 308 continues to read as follows: Authority: 42 U.S.C. 3151; 42 U.S.C. 3154a; 42 U.S.C. 3154b; Department of Commerce Delegation Order 10-4. 2. Amend § 308.2 by revising it to read as follows: § 308.2 Performance awards.

(a)A Recipient of Investment Assistance under parts 305 or 307 of this chapter may receive a performance award in connection with an Investment made on or after the date of enactment of Section 215 of PWEDA in an amount not to exceed ten

(10)percent of the amount of the Investment award.

(b)To receive a performance award, a Recipient must demonstrate Project performance in one

(1)or more of the areas listed in this paragraph, weighted at the discretion of the Assistant Secretary:

(1)Meet or exceed the Recipient's projection of jobs created;

(2)Meet or exceed the Recipient's projection of private sector capital invested;

(3)Meet or exceed target dates for Project start and completion stated at the time of Investment approval;

(4)Fulfill the proposal evaluation criteria set forth in § 301.8 of this chapter; or

(5)Demonstrate other unique Project performance characteristics as determined by the Assistant Secretary.

(c)A Recipient may receive a performance award no later than three

(3)years following the Project's closeout.

(d)A performance award may fund up to one hundred

(100)percent of the cost of an eligible Project or any other authorized activity under PWEDA. For the purpose of meeting the non-federal share requirement of PWEDA or any other statute, the amount of a performance award shall be treated as non-federal funds.

(e)The applicable FFO will set forth the requirements, qualifications, guidelines and procedures for performance awards to be made during the applicable fiscal year, with all performance awards being subject to the availability of funds. Dated: December 7, 2005. Benjamin Erulkar, Chief Counsel, Economic Development Administration. [FR Doc. 05-23927 Filed 12-14-05; 8:45 am]

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