[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Rules and Regulations]
[Page 69053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no05-6]
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DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Parts 301 and 304
[Docket No.: 0507-29210-5294-03]
RIN 0610-AA63
Economic Development Administration Reauthorization Act of 2004
Implementation; Regulatory Revision
AGENCY: Economic Development Administration, Department of Commerce.
ACTION: Final rule; delay of effective date of certain provisions.
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SUMMARY: On August 11, 2005, the Economic Development Administration
(``EDA'') published an interim final rule in the Federal Register. On
September 30, 2005, EDA published a final rule in the Federal Register
delaying the effective date of certain provisions of the interim final
rule from October 1, 2005 until November 14, 2005. The September 30,
2005 final rule also extended the deadline for submitting public
comments on the interim final rule from October 11, 2005 until November
14, 2005. This final rule further delays the effective date of certain
provisions of the interim final rule from November 14, 2005 until
January 31, 2006. This delay in effective date is necessary to provide
additional time for EDA to consider comments received concerning
certain provisions of the interim final rule, as well for EDA to
address matters pertaining to the effective implementation of the
interim final rule. Capitalized terms used but not otherwise defined in
this final rule have the meanings ascribed to them in the interim final
rule.
DATES: The effective date of the following provisions of the interim
final rule is delayed from November 14, 2005 until January 31, 2006:
(i) Section 304.2(c)(2), pertaining to membership of a District
Organization's governing body; and (ii) Section 301.4, as the
provisions of this section relate to Investment Rates for EDA Planning
Investments.
FOR FURTHER INFORMATION CONTACT: Hina Shaikh, Attorney Advisor, Office
of Chief Counsel, Economic Development Administration, Department of
Commerce, Room 7005, 1401 Constitution Avenue, NW., Washington DC
20230; telephone: (202) 482-4687.
SUPPLEMENTARY INFORMATION: EDA published an interim final rule in the
Federal Register (70 FR 47002) on August 11, 2005. The interim final
rule reflects the amendments made to EDA's authorizing statute, the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.) (``PWEDA''), by the Economic Development Reauthorization Act of
2004 (Pub. L. 108-373). In addition to tracking the statutory
amendments to PWEDA, the interim final rule reflects EDA's current
practices and policies in administering its economic development
programs that have evolved since the promulgation of EDA's former
regulations. The interim final rule also provides for a public comment
period.
On September 30, 2005, EDA published a final rule in the Federal
Register (70 FR 57124) delaying the effective date of certain
provisions in the interim final rule from October 1, 2005 until
November 14, 2005. The September 30, 2005 final rule also extended the
deadline for submitting public comments on the interim final rule from
October 11, 2005 until November 14, 2005. All other provisions of the
interim final rule became effective on October 1, 2005.
This final rule delays the effective date of the provisions
specified in the DATES section pertaining to EDA's Planning Investment
Rates and District Organizations from November 14, 2005 until January
31, 2006. This delay in effective date is necessary to provide
additional time for EDA to consider comments received concerning
certain provisions of the interim final rule, as well for EDA to
address matters pertaining to the effective implementation of the
interim final rule.
Classification
Prior notice and opportunity for public comment are not required
for rules concerning public property, loans, grants, benefits, and
contracts (5 U.S.C. 553(a)(2)). 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.
Executive Order No. 12866
It has been determined that this final rule is not significant for
purposes of Executive Order 12866.
Congressional Review Act
This final rule is not ``major'' under the Congressional Review Act
(5 U.S.C. 801 et seq.).
Executive Order No. 13132
Executive Order 13132 requires agencies to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in Executive Order 13132 to include
regulations that 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.'' It has been determined that this final rule does not
contain policies that have federalism implications.
Dated: November 7, 2005.
Benjamin Erulkar,
Chief Counsel, Economic Development Administration.
[FR Doc. 05-22546 Filed 11-10-05; 8:45 am]
BILLING CODE 3510-24-P