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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations Person means an individual or an entity organized under the laws of a state or a Tribe.
Region means an area identified by the applicant that meets the criteria of 4284.1112d with a population of 50,000 or fewer inhabitants, or for a region with a population of more than 50,000 inhabitants, is comprised of rural areas and urbanized areas, if any, are the subject of a positive determination by the Under Secretary for Rural Development with respect to a rural-incharacter petition, including such a petition submitted concurrently with the application of the partnership for a grant under this section.
Rural and rural area means 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 not in the urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants. A rural and rural area shall be determined as defined in 7 U.S.C. 1991a13.
Rural in character means:
1 A determination that an area is rural in character will be made by the Under Secretary of Rural Development in compliance with 7 U.S.C.
1991a13D. The process to request a determination under this provision is outlined in this definition. Units of local government may petition the Under Secretary of Rural Development for a rural in character designation by submitting a petition to the Administrator on behalf of the Under Secretary. The petition shall document why the petitioner believes the area is rural in character including, but not limited to, the areas population density, demographics, and topography and how the local economy is tied to a rural economic base. Upon receiving a petition, the Administrator will review its merits and consult with the applicable governor or leader in a similar position and request comments to be submitted within 5 business days, unless such comments were submitted with the petition. The petition will be forwarded to the Under Secretary who will release to the public a notice of a petition filed by a unit of local government not later than 30 days after receipt of the petition by way of publication in a local newspaper and posting on the Agencys website. The Under Secretary will make a determination not less than 15 days, but no more than 60 days, after the release of the notice. Upon a negative determination, the Under Secretary will provide to the petitioner an opportunity to appeal a determination to the Under
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Secretary, and the petitioner will have 10 business days to appeal the determination and provide further information for consideration. The Under Secretary will make a determination of the appeal in not less than 15 days, but no more than 30 days.
2 Rural Development State Directors may also initiate a request to the Under Secretary to determine if an area is rural in character. A written recommendation should be sent to the Administrator, on behalf of the Under Secretary, that documents how the area meets the statutory requirements and discusses why the State Director believes the area is rural in character including, but not limited to, the areas population density, demographics, topography, and how the local economy is tied to a rural economic base. Upon receipt of such a request, the Administrator will review the request for compliance with the rural in character provisions and make a recommendation to the Under Secretary.
Provided a favorable determination is made, the Under Secretary will consult with the applicable governor or leader in a similar position and request comments within 10 business days, unless gubernatorial comments were submitted with the request. A public notice will be published by the State Office in a local newspaper and the request will be posted on the Agencys website. There is no appeal process for requests made on the initiative of the State Director.
Rural jobs accelerator partnership means a partnership formed on or after December 20, 2018, which meets eligibility criteria found in 4284.1112.
Secretary means the Secretary of Agriculture and, to the extent of delegated authorities, the Under Secretary for Rural Development.
Small and disadvantaged business means a small business concern owned and controlled by socially and economically disadvantaged individuals as defined in Section 8d3C of the Small Business Act 15 U.S.C.
637d3C.
Small business means:
1 An entity that meets Small Business Administration SBA size standards in accordance with 13 CFR
part 121 and criteria of 13 CFR 121.301
as applicable to financial assistance programs, including paragraph i or ii of this definition. The size of the concern alone and the size of the concern combined with other entityies it controls or entityies it is controlled by, must not exceed the size standard thresholds designated for the industry in which the concern alone or the concern and its controlling entityies,
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whichever is higher, is primarily engaged.
2 To be considered a small business, either of the following conditions must be met:
i The concerns tangible net worth is not in excess of $15 million and average net income excluding carry-over losses for the preceding two completed fiscal years is not in excess of $5.0 million; or ii The size of the concern does not exceed the SBA size standard thresholds designated for the industry in which it is primarily engaged, as measured by number of employees or annual receipts. Industry size standard designations to be utilized are listed in the SBAs table of size standards found in 13 CFR 121.201. Number of employees and annuals receipts are calculated as follows:
A Number of employees is calculated as the average number of all individuals employed by a concern on a full-time, part-time, or other basis, based upon numbers of employees for each of the pay periods for the preceding completed 12 calendar months. If a concern has not been in business for 12 months, the average number of employees is used for each of the pay periods during which it has been in business.
B Annual receipts are calculated as average total income plus cost of goods sold for the five most recent years. If a concern has been in operation for less than 60 months, average annual receipts for as long as the concern has been in operation are used.
State means any of the 50 States of the United States, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.
Total project costs mean the sum of all costs associated with a completed project.
4284.1104

Exception authority.

The Administrator may, on a case-bycase basis, grant an exception to any requirement or provision of this subpart provided that such an exception is in the best financial interests of the Federal government. Exercise of this authority cannot conflict with applicable law.
4284.1105

Review or appeal rights.

Agency decisions that are adverse to the individual participant are appealable, while matters of general applicability are not subject to appeal;
however, such decisions are reviewable for appealability by the National Appeals Division NAD. All appeals
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