71022 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations

DEPARTMENT OF COMMERCE

Economic Development Administration

13 CFR Parts 300, 301, 302, 303, 305,

306, 307, 308, 314, 315, 316 and 317

[Docket No. 001024292–0292–01]

RIN 0610–AA62

Implementation of the Economic

Development Administration Reform

Act of 1998 Including Economic

Adjustment Grants-Revolving Loan

Funds

AGENCY: Economic Development

Administration (EDA), Department of

Commerce (DoC).

ACTION: Final rule.

SUMMARY: The Economic Development

Administration (EDA) is clarifying and

further streamlining previously

published regulations to implement the

Economic Development Administration

Reform Act of 1998 and is finalizing its

interim-final rule on Economic

Adjustment Assistance Revolving Loan

Funds.

DATES: Effective Date: November 28,

2000.

ADDRESSES: Send comments to Edward

M. Levin, Chief Counsel, Economic

Development Administration, U.S.

Department of Commerce, Herbert C.

Hoover Building, 1401 Constitution

Avenue, NW, Room 7005, Washington,

DC 20230.

FOR FURTHER INFORMATION CONTACT:

Edward M. Levin, Chief Counsel,

Telephone Number 202–482–4687, fax

202–482–5671, e-mail elevin@doc.gov.

SUPPLEMENTARY INFORMATION:

Background

The Economic Development

Administration (EDA) was reauthorized

for a five-year period by legislation

enacted on November 13, 1998, creating

stability and opportunities for EDA to

better serve economically distressed

communities across the country. On

February 3, 1999, EDA published an

interim-final rule, Economic

Development Administration

Regulation: Revision to Implement the

Economic Development Reform Act of

1998, Public Law 105–393 (the Reform

Act), (64 FR 5347–5486). The public

was invited to submit comments on the

interim-final rule for a period of sixty

(60) days ending April 5, 1999. EDA’s

final rule without RLF changes was

published on December 14, 1999, 64 FR

69867. EDA reviewed comments on the

RLF Task Force Recommendations as

well as other comments on RLF matters

and published an interim-final rule on

January 18, 2000, 65 FR 2530,

requesting comments on or before

March 18, 2000.

Explanation of Changes

A commenter suggested that the table

at § 300.3(b), be modified to add the

OMB Control Number for the

Certification Form filled out and

submitted by firms alleging injury due

to imports under EDA’s Trade

Adjustment Assistance Program (see 13

CFR part 315). EDA concurs and has

modified the rule by adding Control

Number 0610–0091 to the Table at

§ 300.3(b).

A commenter suggested that

§ 301.1(b) be modified to add a reference

to part 308 as providing for an exception

to the requirement for evidence of

cooperation (by letter or resolution)

with officials of a general purpose

political subdivision of a state or an

Indian tribe, as applicable when

applicant is a nonprofit organization.

We concur and have revised the rule

accordingly.

A commenter suggested that

§ 302.1(b) be modified for consistency

and clarification to state that strategies

required for District designation meet

the CEDS requirements under § 303.3.

We concur and have modified the rule

accordingly.

A commenter suggested that § 302.4

(b)(4) be modified to add the letter ‘‘s’’

to the word ‘‘requirement’’ when

referring to CEDS requirements under

part 303. Since this was an inadvertent

typographical error, EDA concurs and

has corrected the rule accordingly.

A commenter suggested that § 303.2

be modified to state the statutory

requirement placed upon any district

located in the Appalachian region to

ensure that a copy of the CEDS of such

district is provided to the Appalachian

Regional Commission. We concur and

have revised the rule accordingly.

A commenter suggested that Subpart

B to part 305—Requirements for

Approved Projects, be added to the rule.

EDA concurs since this was

inadvertently not printed as was

intended, and has corrected the rule to

include the Subpart to immediately

precede ‘‘§ 305.5–Pilot program.’’

Commenters suggested that § 305.5 be

revised to remove specific references to

the Chicago Regional Office’s pilot

program and certain aspects thereof and

to provide instead, without setting any

timetables, that Regional Offices, upon

approval of the Deputy Assistant

Secretary for Program Operations, may

institute pilot programs for postapproval construction monitoring,

thereby continuing EDA’s efforts to

streamline and simplify. We concur and

have modified the rule accordingly.

A commenter suggested that § 306.1

be revised to state EDA’s longstanding

policy and practice of supporting

partnership planning grants with

Districts, Indian Tribes and other

eligible applicants, as well as funding

short term grants to eligible grantees.

We concur and have revised the rule

accordingly.

A commenter suggested that § 307.7(c)

should be removed because postapproval requirements are found in

§ 307.12. We concur and have revised

the rule accordingly.

A commenter suggested that § § 308.4

(b) and (c)(1)(i) be modified so that not

all strategy grants or implementation

grants must meet the CEDS

requirements under § 303.3, since there

might be a non-construction non-CEDS

project to develop a non-CEDS strategy

or implementation which would not

need to follow CEDS requirements to

meet the objectives of the Economic

Adjustment program. EDA concurs and

has changed the rule accordingly.

Commenters suggested that

§ 308.4(c)(1)(i) be modified for

consistency to state that implementation

grants for CEDS must meet the CEDS

requirements at § 303.3. EDA concurs

and has changed the rule accordingly.

A commenter suggested that § 308.5(a)

be modified to state that for Technical

Assistance under the Economic

Adjustment program, when the project

is regional or national in scope, EDA

may determine that the requirement that

public or private nonprofit

organizations must act in cooperation

with officials of a political subdivision

of a state is satisfied by the nature of the

project. We concur and have revised the

rule accordingly.

A commenter noted that § 308.9 is not

clear about what RLF Plan requirements

do not apply to states and political

subdivisions of states. EDA concurs and

has clarified the rule to indicate what

RLF Plan approval requirements must

be met by States/political subdivisions

of states.

A commenter suggested that

§ 308.11(a) be modified to state that for

a determination of eligibility for new

RLF lending areas, such areas must be

included in or added to a CEDS in

accordance with requirements under

§ 301.3. EDA concurs and we have

modified the rule accordingly.

Commenters suggested that EDA

clarify the meaning of § 308.11(a)(1).

EDA concurs (this was an inadvertent

typographical error) and has rewritten

the rule accordingly.

A commenter suggested that

§ 308.12(b) be modified to add ‘‘Loan

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations 71023

losses should be expense [sic] first to

current RLF income after deducting

administrative costs. If the net current

RLF income is depleted, retained RLF

income from previous annual periods

may be used with the written approval

of EDA.’’ EDA does not concur. In

accordance with § 308.12(c), RLF

income not used for administrative

expenses must be added to the capital

base for lending. While this can have

the effect of compensating or partially

compensating for actual loan losses that

may occur from time to time, EDA does

not believe that expensing losses against

RLF income is necessary.

A commenter suggested that

§ 308.12(d) be modified to cite to the

applicable OMB Cost Circular(s) and to

list any costs which would be allowable

for RLFs with EDA’s approval, even

though such costs are not allowable

under the OMB Circular. It is not

possible to develop such a list in

advance because any extraordinary costs

that might be allowed, with EDA’s

approval, would be handled on a case

by case basis. We have, however,

revised the rule to cite the applicable

OMB Cost Circulars.

A commenter suggested that

§ 308.14(a) be modified to allow those

RLFs that have received recapitalization

funds within the past two years, and

have successfully managed and reported

on previously awarded RLF funds for

more than two years, to report on an

annual basis for all funds. EDA does not

concur. EDA’s grant monitoring

responsibility requires semi-annual

reports from all active grants in their

disbursement phase plus one year, after

which EDA will consider a request to

submit annual reports.

A commenter suggested that

§ 308.17(c) be modified to allow for

securitization of loan funds, as well as

borrowing to generate additional capital

with EDA approval. EDA does not

concur that a change to the regulation is

necessary to allow securitization. EDA’s

definition of securitization is

intentionally sufficiently broad to

permit, with EDA approval, other

similar activities, such as collateralized

borrowing. In granting approval for such

activities, EDA can suspend the capital

utilization standard of § 308.17(c) as

necessary to allow the leveraged/

borrowed funds to be lent. Note that the

definition of the term ‘‘Securitization’’

at § 308.8, is also applicable to § 314.10.

A commenter suggested that § 308.18,

introductory paragraph, be revised to

delete the word ‘‘agreement’’ (after

‘‘loan’’) and to insert instead, the word

‘‘application’. EDA does not agree

because the loan purpose should be

noted directly or by reference in the

loan agreement.

A commenter suggested that EDA

revise § 308.18(c) (credit otherwise

available) to include a provision

allowing RLFs to provide incentive

financing for specific community

objectives in rural areas to attract

business, eliminate blight, and revitalize

downtown areas and that this suggested

revision not supersede specific uses and

terms of RLF loan proceeds previously

granted by EDA. EDA does not concur.

EDA authority to approve variances is

sufficiently broad to accommodate case

by case circumstances as described by

the commenter.

A commenter suggested that EDA

establish a permanent RLF working

group composed of RLF managers and

representatives from other federal loan

fund programs. EDA does not agree that

a working group should be established

by regulation. EDA is committed to the

development of better communications

between the Agency and the RLF

community utilizing other vehicles.

A commenter suggested that the

authority citation for parts 315 and 316

be corrected to refer to 19 U.S.C. 2341

(instead of 19 U.S.C. 2391), to remove a

reference in part 315 to Executive Order

12372 as unnecessary, to remove a

reference in part 315 to 42 U.S.C. 5141

as incorrect, and to add a reference to

42 U.S.C. 5141 to part 316. We concur

and have modified the rule accordingly.

A commenter suggested that § 315.9

be modified to include standards for

certification of firms on the basis of

interim employment decline or an

interim decrease in sales or production

to codify longstanding EDA policy and

practice. We concur and have modified

the rule accordingly.

A commenter suggested that § 316.9(c)

be modified to provide for the

possibility of project changes when noyear funds are involved. We concur and

have modified the rule accordingly.

A commenter suggested that

§ 317.1(f)(3)(vi) concerning required

information about employees of EDA

assisted planning organizations, be

revised to correct an inadvertent

typographical error by deleting the word

‘‘data’’ and inserting in lieu thereof, the

word ‘‘date’’. We concur and have

modified the rule accordingly.

A commenter suggested that

§ 317.1(f)(5) concerning annual civil

rights compliance reviews for districts

and other planning organizations, be

revised to correct an inadvertent

typographical error by deleting the

reference to requirements under

paragraph (f)(3), and inserting in lieu

thereof, reference to requirements under

paragraph (f)(4). We concur and have

modified the rule accordingly.

Executive Order 12866 and 12875

This rule has been determined to be

not significant for purposes of Executive

Order 12866, Regulatory Planning and

Review. In addition, it has been

determined that, consistent with the

requirements of Executive Order 12875,

Enhancing Intergovernmental

Partnership, this final rule will not

impose any unfunded mandates upon

state, local, and tribal governments.

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 imposes no new information

collection or record keeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), as amended, and has been

cleared under OMB’s clearance process

under OMB approval numbers 0610–

0093, 0610–0094, and 0610–0096, valid

until November 30, 2002, and 0610–

0095 valid until August 31, 2002.

Administrative Procedure Act (APA)

This rule is exempt from the

rulemaking requirements of the APA,

see 5 U.S.C. 533, pursuant to authority

at 5 U.S.C. 533(a)(2).

Executive Order 12612 (Federalism

Assessment)

This action has been reviewed in

accordance with the principles and

criteria contained in Executive Order

12612. It has been determined that this

final rule does not have significant

Federalism implications to warrant a

full Federalism Assessment under the

principles and criteria contained in

Executive Order 12612.

List of Subjects

13 CFR Part 300

Organizations and functions

(Government agencies), Reporting and

recordkeeping requirements.

13 CFR Part 301

Community development, Grant

programs—housing and community

development.

13 CFR Part 302

Community development, Grant

programs—business, Grant programs—

71024 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations

housing and community development,

Technical assistance.

13 CFR Part 303

Community development, Grant

programs—housing and community

development, Reporting and

recordkeeping requirements.

13 CFR Part 305

Community development,

Community facilities, Grant programs—

housing and community development.

13 CFR Part 306

Community development, Grant

programs—housing and community

development.

13 CFR Part 307

Business and industry, Community

development, Grant programs—

business, Grant programs—housing and

community development, Research,

Technical assistance.

13 CFR Part 308

Business and industry, Community

development, Community facilities,

Grant programs—business, Grant

programs—housing and community

development, Manpower training

programs, Mortgages, Reporting and

recordkeeping requirements, Research,

Technical assistance.

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, Environmental

protection, Freedom of information,

Grant programs—housing and

community development, Loan

programs—business, Loan programs—

housing and community development,

Reporting and recordkeeping

requirements.

13 CFR Part 317

Aged, Civil rights, Equal employment

opportunity, Individuals with

disabilities, Reporting and

recordkeeping requirements, Sex

discrimination.

Accordingly, 13 CFR Chapter III is

amended as set forth below, and the

interim final rule amending 13 CFR

Parts 308 and 314, which was published

at 65 FR 2530 on January 18, 2000, is

adopted as final with the following

changes:

PART 300—GENERAL INFORMATION

1. The authority citation for part 300

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. Section 300.3 is amended by

revising paragraph (b) to read as follows:

§ 300.3 OMB control numbers.

* * * * *

(b) Control number table:

13 CFR part or

section where

identified an described

Current OMB control No.

301 ....................... 0610–0094

302 ....................... 0610–0094

303 ....................... 0610–0093

304 ....................... 0610–0094

305 ....................... 0610–0094 and 0610–

0096

306 ....................... 0610–0094

307 ....................... 0610–0094

308 ....................... 0610–0094 and 0610–

0095

314 ....................... 0610–0094

315 ....................... 0610–0091 and 0610–

0094

316 ....................... 0610–0094

PART 301—GENERAL ELIGIBILITY

AND GRANT RATE REQUIREMENTS

1. The authority citation for part 301

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. Section 301.1 is amended by

revising paragraph (b) to read as follows:

§ 301.1 Applicants.

* * * * *

(b) Except as otherwise provided in

parts 307 and 308 of this chapter, a

public or private nonprofit organization

applicant must include in its

application for assistance, a resolution

passed by, or a letter signed by, an

authorized representative of a general

purpose political subdivision of a State

or an Indian tribe, acknowledging that

the applicant is acting in cooperation

with officials of the political

subdivision or Indian tribe, as

applicable.

PART 302—ECONOMIC

DEVELOPMENT DISTRICTS;

STANDARDS FOR DESIGNATION,

MODIFICATION AND TERMINATION

1. The authority citation for part 302

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. Section 302.1 is amended by

revising paragraph (b) to read as follows:

§ 302.1 Designation of Economic

Development Districts.

* * * * *

(b) It has an EDA approved strategy

which meets CEDS requirements under

§ 303.3 of this chapter.

* * * * *

3. Section 302.4 is amended by

revising paragraph (b)(4) to read as

follows:

§ 302.4 District organization functions and

responsibilities.

* * * * *

(b) * * *

(4) Comply with the requirements of

part 303 of this chapter.

PART 303—PLANNING PROCESS AND

STRATEGIES FOR DISTRICT AND

OTHER PLANNING ORGANIZATIONS

SUPPORTED BY EDA

1. The authority citation for part 303

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. Section 303.2 is amended by

adding paragraph (g) to read as follows:

§ 303.2 Planning process.

* * * * *

(g) If any part of a district is in the

Appalachian region (as defined in

section 403 of the Appalachian Regional

Development Act of 1965 (40 U.S.C.

App.)) the district shall ensure that a

copy of the district’s CEDS is provided

to the Appalachian Regional

Commission.

PART 305—GRANTS FOR PUBLIC

WORKS AND DEVELOPMENT

FACILITIES

1. The authority citation for part 305

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. The heading for Subpart B is

revised to read as follows:

Subpart B—Requirements for

Approved Projects

3. Section 305.5 is revised to read as

follows:

§ 305.5 Pilot program.

(a) EDA’s Regional Offices may, upon

approval of the Deputy Assistant

Secretary for Program Operations,

institute pilot programs for postapproval construction monitoring,

thereby continuing EDA’s efforts to

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations 71025

streamline and simplify procedures for

monitoring approved EDA construction

projects. The knowledge and

efficiencies gained from the pilot

programs will be evaluated and used to

improve and revise EDA’s post-approval

project management requirements and

procedures.

(b) As part of a pilot program, the

procedures developed by a Regional

Office may vary from those listed in this

subpart B. No additional requirements

are imposed by pilot program

procedures. A Regional Office will

provide guidelines, in its version of the

‘‘Requirements for Approved Projects,’’

to all recipients of grants for

construction projects monitored by the

Office. The recipient may not be

required to submit to EDA certain

documentation at any set time, but will

be required to maintain all

documentation supporting any and all

certifications submitted to the Regional

Office, for the period of time provided

in 15 CFR part 14 or 24, as appropriate.

4. Section 305.19 is amended by

revising paragraph (d) to read as

follows:

§ 305.19 Contract change orders.

* * * * *

(d) When a change order is for a

project funded with one-year funds,

EDA approval of such change order

must be based on a finding by EDA that

the work called for in the change order

is within the project scope and is

required for satisfactory operation or

functioning of the project.

PART 306—PLANNING ASSISTANCE

1. The authority citation for part 306

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. Section 306.1 is amended by

revising the introductory text to read as

follows:

§ 306.1 Purpose and scope.

The primary objective of planning

assistance is to provide funding for

administrative expenses to support the

formulation and implementation of

economic development planning

programs and for the conduct of

planning activities designed to create

and retain permanent jobs and increase

incomes, particularly for the

unemployed and underemployed in the

nation’s most economically distressed

areas. EDA’s planning assistance is for

partnership planning grants with

Districts, Indian Tribes and other

eligible applicants, as well as for short

term grants to eligible grantees.

Planning activities supported by these

funds must be part of a continuous

process involving the active

participation of public officials and

private citizens, and include the

following:

* * * * *

PART 307—LOCAL TECHNICAL

ASSISTANCE, UNIVERSITY CENTER

TECHNICAL ASSISTANCE, NATIONAL

TECHNICAL ASSISTANCE, TRAINING,

RESEARCH, AND EVALUATION

1. The authority citation for part 307

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

§ 307.7 [Amended]

2. Section 307.7 is amended to

remove paragraph (c) and to redesignate

paragraphs (d) and (e) as paragraphs (c)

and (d) respectively.

PART 308—REQUIREMENTS FOR

ECONOMIC ADJUSTMENT GRANTS

1. The authority citation for part 308

continues to read as follows:

Authority: 42 U.S.C. 3211; Department of

Commerce Organization Order 10–4.

2. Section 308.4 is amended by

revising paragraphs (b) and (c)(1)(i) to

read as follows:

§ 308.4 Selection and evaluation factors.

* * * * *

(b) Strategy grants. EDA will, as

appropriate, review strategy grant

applications for assurances that the

proposed activities will conform to the

CEDS requirements in § 303.3 of this

chapter.

(c) Implementation Grants. (1) * * *

(i) If appropriate, strategy meets the

CEDS requirements in § 303.3 of this

chapter.

* * * * *

3. Section 308.5 is amended by

revising paragraph (a) to read as follows:

§ 308.5 Applicant requirements.

* * * * *

(a) Include evidence of area and

applicant eligibility (see part 301 of this

chapter). For Technical Assistance

under the Economic Adjustment

program, if the project is regional or

national in scope, EDA may determine

that the requirement that public or

private nonprofit organizations must act

in cooperation with officials of a

political subdivision of a State is

satisfied by the nature of the project;

* * * * *

4. Section 308.9 is amended by

revising the introductory text to read as

follows:

§ 308.9 Revolving Loan Fund Plan.

All RLF recipients must manage RLFs

in accordance with an RLF Plan (Plan)

as described in this part. For all RLF

recipients, the Plan must be submitted

to and approved by EDA prior to the

grant award. For RLF recipients other

than states, the RLF Plan must have

been approved by resolution of the

organizations’ governing board and such

resolution must be submitted to EDA

along with the Plan prior to the grant

award; with EDA’s approval, political

subdivisions of states may be exempted

from the resolution requirement.

* * * * *

5. Section 308.11 is amended by

revising paragraphs (a) introductory text

and (a)(1) to read as follows:

§ 308.11 Lending areas and modification

of lending areas.

(a) The economic activity and benefits

of RLF loans must be located within the

eligible areas identified in the grant

award. For a determination of eligibility

for new RLF lending areas, such areas

must be included in or added to a CEDS

in accordance with requirements under

§ 301.3 of this chapter.

(1) Where such RLFs have a grant

condition that permits new areas that

subsequently become eligible to be

added to the lending area, RLFs that

were awarded assistance (RLF

capitalization or recapitalization) before

February 11, 1999, whether fully

disbursed or not, and fully disbursed

RLFs that were awarded assistance (RLF

capitalization or recapitalization) on or

after February 11, 1999, may add such

areas with EDA approval.

* * * * *

6. Section 308.12 is amended by

revising paragraph (d) to read as

follows:

§ 308.12 Revolving Loan Fund income.

* * * * *

(d) RLF recipients must comply with

applicable OMB cost principles (as

found in OMB Circular A–87 for State,

Local or Indian tribal governments,

OMB Circular A–122 for non-profit

organizations other than institutions of

higher education, hospitals, or

organizations named in OMB Circular

A–122 as not subject to that circular,

and OMB Circular A–21 for educational

institutions) and with RLF Audit

Guidelines (as found in OMB Circular

A–133, Single Audit Act Requirements

for State and Local Governments, Indian

tribal governments, Institutions of

Higher Education and Other Nonprofit

Organizations, or the Compliance

Supplement, as appropriate) when

charging costs against RLF income. For

71026 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Rules and Regulations

availability of OMB circulars, see 5 CFR

1310.3.

* * * * *

PART 315—CERTIFICATION AND

ADJUSTMENT ASSISTANCE FOR

FIRMS

1. The authority citation for part 315

is revised to read as follows:

Authority: 42 U.S.C. 3211; 19 U.S.C. 2341,

et seq.; Department of Commerce

Organization Order 10–4.

2. Section 315.9 is revised to read as

follows:

§ 315.9 Certification requirements.

A firm will be certified eligible to

apply for adjustment assistance based

upon the petition for certification if

EDA determines, under section 251(c) of

the Trade Act, that:

(a) Based upon a comparison of the

most recent 12 month period for which

data are available and the immediately

preceding 12 month period, the

following conditions have been met:

(1) 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;

(2) Either sales or production, or both

of the firm have decreased absolutely; or

sales or production, or both of any

article that accounted for not less than

25 percent of the total production or

sales of the firm during the 12-month

period preceding the most recent 12-

month period for which data are

available have decreased absolutely; and

(3) Increases of imports (absolute or

relative to domestic production) of

articles like or directly competitive with

articles produced by such firm

contributed importantly to such total or

partial separation or threat thereof, and

to such decline in sales or production;

provided that imports will not be

considered to have contributed

importantly if other factors were so

dominant, acting singly or in

combination, that the worker separation

or threat thereof, or decline in sales or

production would have been essentially

the same irrespective of the influence of

imports; or

(b) Based upon an interim sales or

production decline, the following

conditions have been met:

(1) There has been an absolute

decrease in sales or production for, at

minimum, a three month period during

the most recent 12 month period for

which data are available as compared to

the same period of time during the

immediately preceding 12 month

period;

(2) During the same base and

comparative period of time as the period

of absolute decrease in sales or

production, a significant number or

proportion of workers in such firm have

become totally or partially separated;

and

(3) During the same base and

comparative period of time as the period

of absolute decrease in sales or

production, there has been an increase

of imports (absolute or relative to

domestic production) of articles like or

directly competitive with articles

produced by such firm which

contributed importantly to such total or

partial separation, and to such decline

in sales or production; provided that

imports will not be considered to have

contributed importantly if other factors

were so dominant, acting singly or in

combination, that the worker separation,

or decline in sales or production would

have been essentially the same

irrespective of the influence of imports;

or

(c) Based upon an interim

employment decline, the following

conditions have been met:

(1) 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 during, at a minimum, the

most recent month during the most

recent 12 month period for which data

are available as compared to the same

period of time during the immediately

preceding 12 month period; and

(2) Either sales or production, or both

of the firm have decreased absolutely

during the 12-month period preceding

the most recent 12-month period for

which data are available; and

(3) There has been an increase of

imports (absolute or relative to domestic

production) of articles like or directly

competitive with articles produced by

such firm which contributed

importantly to such total or partial

separation or threat thereof, and to such

decline in sales or production; provided

that imports will not be considered to

have contributed importantly if other

factors were so dominant, acting singly

or in combination, that the worker

separation or threat thereof, or decline

in sales or production would have been

essentially the same irrespective of the

influence of imports.

PART 316—GENERAL

REQUIREMENTS FOR FINANCIAL

ASSISTANCE

1. The authority citation for part 316

is revised to read as follows:

Authority: 42 U.S.C. 3211, 42 U.S.C. 5141;

19 U.S.C. 2341, et seq., Department of

Commerce Organization Order 10–4.

2. Section 316.9 is amended by

revising paragraph (c) to read as follows:

§ 316.9 Amendments and changes.

* * * * *

(c) Changes of project scope after the

time the project grant funds could be

obligated will not be approved by EDA.

Projects funded with no year funds are

not subject to the change of scope rule.

PART 317—CIVIL RIGHTS

1. The authority citation for part 317

continues to read as follows:

Authority: 42 U.S.C. 3211; 42 U.S.C.

2000d–1; 29 U.S.C. 794; 42 U.S.C. 3123; 42

U.S.C. 6709; 20 U.S.C. 1681; 42 U.S.C. 6101;

Department of Commerce Organization Order

10–4.

2. Section 317.1 is amended by

revising paragraphs (f)(3)(vi) and (f)(5)to

read as follows:

§ 317.1 Civil rights.

* * * * *

(f) * * *

(3) * * *

(vi) A list of employees on the staff of

the organization by name, position title,

salary, funding source, and hiring date,

indicating race, sex, national origin, and

age; and

* * * * *

(5) In order to determine whether

districts and other planning

organizations supported by EDA are

complying with the requirements in

paragraph (f)(4) of this section, EDA

shall conduct annual compliance

reviews of these organizations through

either an in-depth desk audit or onsite

review.

* * * * *

Dated: November 15, 2000.

Arthur C. Campbell,

Assistant Secretary for Economic

Development.

[FR Doc. 00–29957 Filed 11–27–00; 8:45 am]

BILLING CODE 3510–24–U