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business in the State in which it is located, shall be treated as nominated by a State and local governments.

$25.503 Use of census data.

Population and poverty rate data shall be determined by the 1990 Census Data.

$25.504 Rural areas.

(a) What constitutes "rural". A rural area may consist of any area that lies outside the boundaries of a Metropolitan Area, as designated by the Office of Management and Budget, or, as an area that is primarily rural and has at least 50 percent of the population of the nominated area residing outside of a Metropolitan Area.

(b) Exceptions to the definition. On a case by case basis, the Secretary will grant requests for waiver from the definition of "rural" stated in paragraph (a) of this section upon a showing of good cause. Applicants seeking to

apply for a rural designation who do not satisfy the definition in paragraph (a) of this section must submit a request for waiver in writing to the Rural Business and Cooperative Development Service, Empowerment Zone Office, Department of Agriculture, AG Box 3202, 14th Street and Independence Avenue, SW, Washington, DC 202503200. Requests must include:

(1) The name, address and daytime phone number of the contact person for the applicant seeking the waiver; and

(2) Sufficient information regarding the area that would support the infrequent exception from the definition.

(c) The waiver process. The Secretary, in consultation with the Department of Commerce, will have discretion to permit rural applications for communities that do not meet the above rural criteria.

PART 26 (RESERVED)

FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.

Material Approved for Incorporation by Reference

Table of CFR Titles and Chapters

Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected

Material Approved for Incorporation by Reference

(Revised as of January 1, 1997)

The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.

7 CFR SUBTITLE A (PARTS 0-26)

OFFICE OF THE SECRETARY OF AGRICULTURE

Soil Conservation Service, U.S. Department of Agriculture
P.O. Box 2890, Washington, DC 20013

"Hydric Soils of the United States, 1985"

7 CFR

12.31(a)(3)

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