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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations concern and will take steps when reviewing applications to ensure that applications from smaller tribes receive proper attention. Because economic development need is always an important consideration in funding decisions, EDA does not believe that larger tribes with associated for-profit entities will necessarily have an advantage over smaller tribes in the competitive process. Nonetheless, EDA
will monitor the distribution of funding and make adjustments to its application review process, as necessary, to ensure that funding is distributed equitably.
Other commenters expressed particular concern that the change provided in this final rule would make Alaska Native Corporations ANCs eligible for EDA funding. The eligibility of ANCs for EDA funding is governed by the language of PWEDA, however, and is therefore not within the scope of this action and not affected by this final rule.
Based on the Supreme Courts recent decision in Yellen v. Confederated Tribes of the Chehalis Reservation, 121
S. Ct. 2434 2021, EDA has determined that ANCs fall within PWEDAs definition of Indian Tribe.

Expanding eligibility of Native American communities is urgent given the current availability of funds for such communities under the American Rescue Plan Act ARPA of 2021 Pub.
L. 1172. Expanding eligibility within Native American communities as accomplished by this rule is critically necessary to ensure the benefits of ARPA effectively reach those communities and that they are able to equally take part in the economic recovery from the pandemic.
Because prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act 5 U.S.C. 601 et seq. are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared.

Regulation Change
This final rule is not major under the Congressional Review Act 5 U.S.C. 801
et seq..

To enable for-profits that are wholly owned by, and established for the benefit of, the Indian Tribe to be eligible for EDA Tribal funding, this final rule changes EDAs regulation by deleting the first instance of non-profit where it appears in the second sentence of the definition at 13 CFR 300.3, so that nonprofit no longer modifies the type of Indian corporation restricted to Indians that is eligible. This final rule also adds , corporation in the proviso to the second sentence to ensure that any such corporation must be wholly owned by, and established for the benefit of, the Tribe.
As noted above, this change has no effect on the eligibility of ANCs, which are separately identified in PWEDAs definition of Indian Tribe.
Classification Administrative Procedure Act and Regulatory Flexibility Act Pursuant to 5 U.S.C. 553bB, there is good cause to waive prior notice and an opportunity for public comment on this action because EDA formally consulted AINs on this change in accordance with Executive Order 13125, and AINs are the only affected entities.
Additional public comment would therefore serve no purpose and is unnecessary. There is also good cause under 5 U.S.C. 553d3 to waive the 30-day delay in effectiveness.

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Executive Orders 12866 and 13563
The Office of Management and Budget OMB has determined that this rule is not significant for purposes of Executive Order 12866.
Congressional Review Act
Executive Order 13132
This final rule does not contain policies that have federalism implications.
Paperwork Reduction Act
List of Subjects in 13 CFR Part 300
Organization and functions Government agencies, Reporting and recordkeeping requirements.
For the reasons discussed above, EDA
is amending title 13, chapter III of the Code of Federal Regulations as follows:

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PART 300GENERAL INFORMATION
1. The authority citation for part 300
continues to read as follows:

Authority: 42 U.S.C. 3121; 42 U.S.C. 3122;
42 U.S.C. 3211; 15 U.S.C. 3701; Department of Commerce Organization Order 104.

2. Amend 300.3 by revising the definition of Indian Tribe to read as follows:

300.3

Definitions.

Indian Tribe means an entity on the list of recognized tribes published pursuant to the Federally Recognized Indian Tribe List Act of 1994, as amended Pub. L. 103454 25 U.S.C.
479a et seq., and any Alaska Native Village or Regional Corporation as defined in or established under the Alaska Native Claims Settlement Act 43
U.S.C. 1601 et seq.. This term includes the governing body of an Indian Tribe, Indian corporation restricted to Indians, Indian authority, or other nonprofit Indian tribal organization or entity; provided that the Indian tribal organization, corporation, or entity is wholly owned by, and established for the benefit of, the Indian Tribe or Alaska Native Village.

Dated: September 20, 2021.
Alejandra Y. Castillo, Assistant Secretary of Commerce for Economic Development.
FR Doc. 202120633 Filed 92321; 8:45 am BILLING CODE 351024P

The Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. PRA
requires that a Federal agency consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507d, obtain approval from OMB for each collection of information it conducts, sponsors, or requires through regulations.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the PRA unless that collection displays a currently valid OMB Control Number.
This final rule does not require the collection of any information.

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 71
Docket No. FAA20210536; Airspace Docket No. 21ASO20
RIN 2120AA66

Establishment of Class D Airspace, and Amendment of Class E Airspace;
Gulf Shores, AL
Federal Aviation Administration FAA, DOT.
ACTION: Final rule.
AGENCY:

This action establishes Class D airspace, and amends Class E airspace extending upward from 700 feet above the surface for Jack Edwards National Airport, Gulf Shores, AL, as a new air traffic control tower will service the airport. This action also updates the airports name and geographic coordinates under the existing Class E

SUMMARY:

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24SER1