[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Rules and Regulations]
[Pages 41695-41696]
From the Federal Register Online via the Government Publishing 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.
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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.
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Accordingly, 7 CFR part 4280 is corrected by making the following
correcting amendments:
PART 4280--LOANS AND GRANTS
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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
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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]
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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]
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