[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Rules and Regulations]
[Page 74196-74197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de05-2]
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DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Parts 301 and 304
[Docket No.: 050729210-5331-05]
RIN 0610-AA63
Economic Development Administration Reauthorization Act of 2004
Implementation; Regulatory Revision
AGENCY: Economic Development Administration, Department of Commerce.
ACTION: Final rule; change of effective date.
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SUMMARY: On November 14, 2005, the Economic Development Administration
(``EDA'') published a final rule in the Federal Register delaying the
effective date, from November 14, 2005 until January 31, 2006, of
certain provisions of EDA's interim final rule originally published in
the Federal Register on August 11, 2005. EDA is publishing this final
rule to revoke the November 14, 2005 final rule.
The conference report accompanying the FY 2006 Science, State,
Justice, Commerce and Related Agencies Appropriations Act expresses
Congressional intent as to specific changes to EDA's August 11, 2005
interim final rule. The changes specified in the conference report
include changes to those provisions of the August 11, 2005 interim
final for which the effective date was delayed by the final rule
published on November 14, 2005. Concurrent with the publication of this
final rule, EDA is publishing in the Federal Register an interim final
rule to effect those changes to the August 11, 2005 interim final rule
specified in the conference report. Capitalized terms used but not
otherwise defined in this final rule have the meanings ascribed to them
in the August 11, 2005 interim final rule.
DATES: The delayed effective date of January 31, 2006 for the following
provisions of the August 11, 2005 interim final rule is changed to
December 15, 2005: (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, Esq., 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 Administration
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 provided for a public
comment period from August 11, 2005 through October 11, 2005.
Additionally, on September 1, 2005, EDA held a public hearing on the
August 11, 2005 interim final rule.
On September 30, 2005, EDA published a final rule in the Federal
Register (70 FR 57124) delaying the effective date, from October 1,
2005 until November 14, 2005, of (i) Section 304.2(c)(2) of the interim
final rule, pertaining to membership of a District Organization's
governing body; and (ii) Section 301.4 of the interim final rule, as
the provisions of this section pertain to Investment Rates for EDA
Planning Investments. 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
[[Page 74197]]
provisions of the interim final rule became effective on October 1,
2005. On November 14, 2005, EDA published another final rule in the
Federal Register (70 FR 69053) delaying the effective date, from
November 14, 2005 until January 31, 2006, of those provisions of the
interim final rule for which the effective date was previously delayed
by the final rule published on September 30, 2005.
The conference report (H.R. Conf. Rep. No. 109-272; passed by the
House of Representatives and the Senate on November 9, 2005 and
November 16, 2005, respectively) expresses Congressional intent as to
specific changes to the August 11, 2005 interim final rule. The changes
specified in the conference report include (but are not limited to)
changes to those provisions of the August 11, 2005 interim final for
which the effective date was most recently delayed by the final rule
published on November 14, 2005.
EDA is publishing this final rule to revoke the November 14, 2005
final rule. Concurrent with the publication of this final rule, EDA is
publishing in the Federal Register an interim final rule to effect
those changes to the August 11, 2005 interim final rule specified in
the conference report. EDA will consider and respond to all comments
received during the public comment period on all aspects of this
rulemaking, and will make additional revisions to the August 11, 2005
interim final rule in publishing a final rule during 2006.
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: December 12, 2005.
Benjamin Erulkar,
Chief Counsel, Economic Development Administration.
[FR Doc. 05-24110 Filed 12-14-05; 8:45 am]
BILLING CODE 3510-24-P