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.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

48903 

Vol. 82, No. 203 

Monday, October 23, 2017 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 126 

RIN 3245–AG92 

HUBZone and Puerto Rico Oversight, 

Management, and Economic Stability 

Act (PROMESA) Amendments 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This direct final rule amends 

the definition of ‘‘qualified census tract’’ 

in the HUBZone program regulations. 

The U.S. Small Business Administration 

(SBA) is making this change to its 

regulations to implement section 412(a) 

of the Puerto Rico Oversight, 

Management, and Economic Stability 

Act (PROMESA). Section 412(a) of 

PROMESA amended the definition of 

‘‘qualified census tract’’ contained in 

section 3(p)(4)(A) of the Small Business 

Act. 

DATES: This rule is effective on 

December 22, 2017 without further 

action, unless significant adverse 

comment is received by November 22, 

2017. If significant adverse comment is 

received, SBA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AG92 by any of 

the following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or Hand Delivery/Courier: 

Mariana Pardo, Director, HUBZone 

Program, 409 Third Street SW., 

Washington, DC 20416. 

SBA will post all comments on http:// 

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit the information to 

Mariana Pardo, Director, HUBZone 

Program, 409 Third Street SW., 

Washington, DC 20416 and highlight the 

information that you consider to be CBI 

and explain why you believe this 

information should be held confidential. 

SBA will review the information and 

make a final determination of whether 

the information will be published or 

not. 

FOR FURTHER INFORMATION CONTACT: 

Mariana Pardo, Director, HUBZone 

Program, 409 Third Street SW., 

Washington, DC 20416, 202–205–2985, 

hubzone@sba.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2016, the President signed into law 

the Puerto Rico Oversight, Management, 

and Economic Stability Act 

(PROMESA), Public Law 114–187, 130 

Stat. 149. Section 412(a) of PROMESA 

amended the definition of ‘‘qualified 

census tract’’ (QCT) contained in section 

3(p)(4)(A) of the Small Business Act, 15 

U.S.C. 632(p)(4)(A), which is relevant to 

SBA’s HUBZone program. Amended 

section 3(p)(4)(A) provides that a QCT is 

defined as set forth in section 

42(d)(5)(B)(ii) of the Internal Revenue 

Code of 1986, except for areas in Puerto 

Rico, which for a limited time will use 

the Internal Revenue Code definition 

without regard to subclause (II) of that 

definition. 

Section 42(d)(5)(B)(ii) of the Internal 

Revenue Code of 1986 provides that a 

QCT is a tract in which either 50 

percent or more of the households have 

an income which is less than 60 percent 

of the area’s median gross income, or 

which has a poverty rate of at least 25 

percent. However, subclause (II) of 

section 42(d)(5)(B)(ii) sets forth a 

population cap that limits the portion of 

a metropolitan statistical area (MSA) 

which may be designated as a QCT to 

an area having 20 percent of the 

population of such MSA. If more than 

20 percent of the population in an MSA 

would otherwise qualify, the U.S. 

Department of Housing and Urban 

Development (HUD) ranks the tracts in 

that area from highest percentage of 

eligible households to lowest, and then 

designates as QCTs those tracts with the 

highest percentages of eligible 

households until the 20 percent 

population cap is reached. 

Since PROMESA’s passage, the 

amended definition of QCT in the Small 

Business Act provides that the 

definition of QCT contained in section 

42(d)(5)(B)(ii) of the Internal Revenue 

Code shall apply to the HUBZone 

program—with one enumerated 

exception. The exception states that the 

20 percent population cap shall not 

apply to census tracts located in Puerto 

Rico, for a period of 10 years after the 

date the Administrator implements this 

clause (or until the Financial Oversight 

and Management Board for the 

Commonwealth of Puerto Rico ceases to 

exist), whichever event occurs first. This 

change will result in approximately 516 

new HUBZones in Puerto Rico. 

This direct final rule merely adopts 

the statutory change that is specific to 

Puerto Rico as a conforming 

amendment. The statutory language is 

specific, limited and requires no 

interpretation. As such, SBA expects no 

significant adverse comments. Based on 

that fact, SBA has decided to proceed 

with a direct final rule but giving the 

public 30 days to comment. If SBA 

receives a significant adverse comment 

during the comment period, SBA will 

withdraw the rule, and proceed with a 

proposed rule. 

In order to implement the change 

made by section 412(a) of PROMESA, 

SBA is amending § 126.103 of its 

regulations by revising the definition of 

the term ‘‘Qualified census tract’’. This 

rules adopts the definition of this term 

provided in amended section 3(p)(4)(A) 

of the Small Business Act, 15 U.S.C. 

632(p)(4)(A). 

Compliance With Executive Orders 

12866, 12988, 13132, and 13771, the 

Paperwork Reduction Act (44 U.S.C. 

Ch. 35) and the Regulatory Flexibility 

Act (5 U.S.C. 601–612) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this direct 

final rule does not constitute a 

significant regulatory action under 

Executive Order 12866. This rule is also 

not a major rule under the 

Congressional Review Act, 5 U.S.C. 800. 

Executive Order 12988 

This action meets applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 


jstallworth on DSKBBY8HB2PROD with RULES
48904 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations 

Executive Order 13132 

For the purposes of Executive Order 

13132, SBA has determined that this 

direct final rule will not 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. Therefore, for the 

purpose of Executive Order 13132, 

Federalism, SBA has determined that 

this direct final rule has no federalism 

implications warranting preparation of a 

federalism assessment. 

Executive Order 13771 

This final rule is not an E.O. 13771 

regulatory action because it is not 

significant under E.O. 12866. 

Paperwork Reduction Act, 44 U.S.C., 

Ch. 35 

SBA has determined that this direct 

final rule does not impose additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act, 44 

U.S.C., Chapter 35. 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, small nonprofit enterprises, and small local 

governments. Pursuant to the RFA, 

when an agency issues a rulemaking, 

the agency must prepare a regulatory 

flexibility analysis which describes the 

impact of the rule on small entities. 

However, section 605 of the RFA allows 

an agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have a significant 

economic impact on a substantial 

number of small entities. Within the 

meaning of RFA, SBA certifies that this 

direct final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

List of Subjects in 13 CFR Part 126 

Administrative practice and 

procedure, Government procurement, 

Small businesses. 

Accordingly, for the reasons stated in 

the SUPPLEMENTARY INFORMATION, SBA 

amends 13 CFR part 126 as follows: 

PART 126—HUBZONE PROGRAM 

■ 1. The authority for part 126 is revised 

to read as follows: 

Authority: 15 U.S.C. 632(a), 632(j), 632(p), 

644 and 657a. 

■ 2. Amend § 126.103 by revising the 

definition of ‘‘Qualified census tract’’, to 

read as follows: 

§ 126.103 What definitions are important 

in the HUBZone program? 

* * * * * 

Qualified census tract has the 

meaning given that term in section 

42(d)(5)(B)(ii) of the Internal Revenue 

Code of 1986. However, for any 

metropolitan statistical area in the 

Commonwealth of Puerto Rico, the term 

‘‘qualified census tract’’ has the 

meaning given that term in section 

42(d)(5)(B)(ii) of the Internal Revenue 

Code of 1986 as applied without regard 

to subclause (II) of such section, except 

that this clause shall apply only until 

December 22, 2027, or the date on 

which the Financial Oversight and 

Management Board for the 

Commonwealth of Puerto Rico created 

by the Puerto Rico Oversight, 

Management, and Economic Stability 

Act ceases to exist, whichever event 

occurs first. 

* * * * * 

Dated: October 10, 2017. 

Linda E. McMahon, 

Administrator. 

[FR Doc. 2017–22935 Filed 10–20–17; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0628; Product 

Identifier 2016–NM–207–AD; Amendment 

39–19079; AD 2017–21–08] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A310 series airplanes. 

This AD was prompted by a revision of 

certain airworthiness limitation items 

(ALI) documents, which require more 

restrictive maintenance requirements 

and airworthiness limitations. This AD 

requires revising the maintenance or 

inspection program to incorporate the 

maintenance requirements and 

airworthiness limitations. We are 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective November 

27, 2017. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 27, 2017. 

ADDRESSES: For service information 

identified in this final rule, contact 

Airbus SAS, Airworthiness Office— 

EAW, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone 

+33 5 61 93 36 96; fax +33 5 61 93 44 

51; email account.airworth-eas@

airbus.com; Internet http://

www.airbus.com. You may view this 

referenced service information at the 

FAA, Transport Standards Branch, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

It is also available on the Internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2017– 

0628. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0628; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is Docket Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Section, Transport 

Standards Branch, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–2125; fax 425–227– 

1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Airbus Model A310 series 

airplanes. The NPRM published in the 

Federal Register on June 30, 2017 (82 

FR 29789) (‘‘the NPRM’’). 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Airworthiness 

Directive 2016–0217, dated November 2, 

2016 (referred to after this as the 

Mandatory Continuing Airworthiness 

Information, or ‘‘the MCAI’’), to correct 

an unsafe condition for all Airbus 

Model A310 series airplanes. The MCAI 

states: 


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