This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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Rules and Regulations Federal Register

11733 

Vol. 75, No. 48 

Friday, March 12, 2010 

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. 

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 PreApplication 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-ofinformation 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 

■ 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 

■ 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. 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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