82 FR 48903 - HUBZone and Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) Amendments
SMALL BUSINESS ADMINISTRATION Federal Register Volume 82, Issue 203 (October 23, 2017)
Federal Register Volume 82, Issue 203 (October 23, 2017)
| Page Range | 48903-48904 | |
| FR Document | 2017-22935 |
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)] [Rules and Regulations] [Pages 48903-48904] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22935] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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. ======================================================================== Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations [[Page 48903]] 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, [email protected]. 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 Sec. 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. [[Page 48904]] 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 non-profit 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 0 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. 0 2. Amend Sec. 126.103 by revising the definition of ``Qualified census tract'', to read as follows: Sec. [thinsp]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
![48904 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations
Executive Order 13132 § 126.103 What definitions are important of certain publications listed in this AD
in the HUBZone program? as of November 27, 2017.
For the purposes of Executive Order
13132, SBA has determined that this * * * * * ADDRESSES: For service information
direct final rule will not have Qualified census tract has the identified in this final rule, contact
substantial, direct effects on the States, meaning given that term in section Airbus SAS, Airworthiness Office—
on the relationship between the national 42(d)(5)(B)(ii) of the Internal Revenue EAW, 1 Rond Point Maurice Bellonte,
government and the States, or on the Code of 1986. However, for any 31707 Blagnac Cedex, France; telephone
distribution of power and metropolitan statistical area in the +33 5 61 93 36 96; fax +33 5 61 93 44
responsibilities among the various Commonwealth of Puerto Rico, the term 51; email account.airworth-eas@
levels of government. Therefore, for the ‘‘qualified census tract’’ has the airbus.com; Internet http://
purpose of Executive Order 13132, meaning given that term in section www.airbus.com. You may view this
Federalism, SBA has determined that 42(d)(5)(B)(ii) of the Internal Revenue referenced service information at the
this direct final rule has no federalism Code of 1986 as applied without regard FAA, Transport Standards Branch, 1601
implications warranting preparation of a to subclause (II) of such section, except Lind Avenue SW., Renton, WA. For
federalism assessment. that this clause shall apply only until information on the availability of this
December 22, 2027, or the date on material at the FAA, call 425–227–1221.
Executive Order 13771 which the Financial Oversight and It is also available on the Internet at
This final rule is not an E.O. 13771 Management Board for the http://www.regulations.gov by searching
regulatory action because it is not Commonwealth of Puerto Rico created for and locating Docket No. FAA–2017–
significant under E.O. 12866. by the Puerto Rico Oversight, 0628.
Management, and Economic Stability
Paperwork Reduction Act, 44 U.S.C., Examining the AD Docket
Ch. 35 Act ceases to exist, whichever event
occurs first. You may examine the AD docket on
SBA has determined that this direct * * * * * the Internet at http://
final rule does not impose additional www.regulations.gov by searching for
reporting or recordkeeping requirements Dated: October 10, 2017.
and locating Docket No. FAA–2017–
under the Paperwork Reduction Act, 44 Linda E. McMahon,
0628; or in person at the Docket
U.S.C., Chapter 35. Administrator. Management Facility between 9 a.m.
[FR Doc. 2017–22935 Filed 10–20–17; 8:45 am] and 5 p.m., Monday through Friday,
Regulatory Flexibility Act, 5 U.S.C. 601–
612 BILLING CODE 8025–01–P except Federal holidays. The AD docket
contains this AD, the regulatory
The Regulatory Flexibility Act (RFA),
evaluation, any comments received, and
5 U.S.C. 601, requires administrative
DEPARTMENT OF TRANSPORTATION other information. The street address for
agencies to consider the effect of their
the Docket Office (telephone 800–647–
actions on small entities, small non- Federal Aviation Administration 5527) is Docket Management Facility,
profit enterprises, and small local
U.S. Department of Transportation,
governments. Pursuant to the RFA, 14 CFR Part 39 Docket Operations, M–30, West
when an agency issues a rulemaking,
[Docket No. FAA–2017–0628; Product Building Ground Floor, Room W12–140,
the agency must prepare a regulatory
Identifier 2016–NM–207–AD; Amendment 1200 New Jersey Avenue SE.,
flexibility analysis which describes the
39–19079; AD 2017–21–08] Washington, DC 20590.
impact of the rule on small entities.
However, section 605 of the RFA allows FOR FURTHER INFORMATION CONTACT: Dan
RIN 2120–AA64
an agency to certify a rule, in lieu of Rodina, Aerospace Engineer,
preparing an analysis, if the rulemaking Airworthiness Directives; Airbus International Section, Transport
is not expected to have a significant Airplanes Standards Branch, FAA, 1601 Lind
economic impact on a substantial Avenue SW., Renton, WA 98057–3356;
number of small entities. Within the AGENCY: Federal Aviation telephone 425–227–2125; fax 425–227–
meaning of RFA, SBA certifies that this Administration (FAA), Department of 1149.
direct final rule will not have a Transportation (DOT). SUPPLEMENTARY INFORMATION:
significant economic impact on a ACTION: Final rule.
Discussion
substantial number of small entities.
SUMMARY: We are adopting a new We issued a notice of proposed
List of Subjects in 13 CFR Part 126 airworthiness directive (AD) for all rulemaking (NPRM) to amend 14 CFR
Administrative practice and Airbus Model A310 series airplanes. part 39 by adding an AD that would
procedure, Government procurement, This AD was prompted by a revision of apply to all Airbus Model A310 series
Small businesses. certain airworthiness limitation items airplanes. The NPRM published in the
Accordingly, for the reasons stated in (ALI) documents, which require more Federal Register on June 30, 2017 (82
the SUPPLEMENTARY INFORMATION, SBA restrictive maintenance requirements FR 29789) (‘‘the NPRM’’).
amends 13 CFR part 126 as follows: and airworthiness limitations. This AD The European Aviation Safety Agency
requires revising the maintenance or (EASA), which is the Technical Agent
PART 126—HUBZONE PROGRAM inspection program to incorporate the for the Member States of the European
maintenance requirements and Union, has issued EASA Airworthiness
jstallworth on DSKBBY8HB2PROD with RULES
■ 1. The authority for part 126 is revised airworthiness limitations. We are Directive 2016–0217, dated November 2,
to read as follows: issuing this AD to address the unsafe 2016 (referred to after this as the
Authority: 15 U.S.C. 632(a), 632(j), 632(p), condition on these products. Mandatory Continuing Airworthiness
644 and 657a. DATES: This AD is effective November Information, or ‘‘the MCAI’’), to correct
■ 2. Amend § 126.103 by revising the 27, 2017. an unsafe condition for all Airbus
definition of ‘‘Qualified census tract’’, to The Director of the Federal Register Model A310 series airplanes. The MCAI
read as follows: approved the incorporation by reference states:
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Document Created: 2017-10-21 02:35:59
Document Modified: 2017-10-21 02:35:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule; request for comments. | |
| 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. | |
| Contact | Mariana Pardo, Director, HUBZone Program, 409 Third Street SW., Washington, DC 20416, 202-205-2985, [email protected] | |
| FR Citation | 82 FR 48903 | |
| RIN Number | 3245-AG92 | |
| CFR Associated | Administrative Practice and Procedure; Government Procurement and Small Businesses |
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