[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Rules and Regulations]
[Pages 64290-64291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30873]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 39

[FRL-5658-6]


Loan Guarantees for Construction of Treatment Works; Removal of 
Legally Obsolete Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is today removing 
from the Code of Federal Regulations (CFR) 40 CFR Part 39. This 
outdated rule was intended to implement a provision of law allowing the 
EPA Administrator to guarantee state and municipal loans for wastewater 
treatment works. The rule is revoked because it is legally obsolete. 
Deleting this rule from the CFR will clarify the legal status of this 
rule for personnel of State and local government agencies. This action 
is in furtherance of government streamlining and will not adversely 
impact public health or the environment.

EFFECTIVE DATE: This final rule takes effect on December 4, 1996.

FOR FURTHER INFORMATION CONTACT: Bruce Feldman, Policy, Information and 
Training Branch (3903F), United States Environmental Protection Agency, 
401 M Street, SW, Washington, D.C. 20460. Telephone: (202) 260-5268; or 
E-mail to: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    On March 4, 1995, the President directed all Federal agencies and 
departments to conduct a comprehensive review of the regulations they 
administer and, by June 1, 1995, to identify those rules that are 
obsolete or unduly burdensome. EPA has conducted a review of its rules, 
including 40 CFR Part 39 issued under the authority of Section 213 of 
the Federal Water Pollution Control Act Amendments of 1972, as amended. 
Part 39 is being revoked because the Loan Guarantee provisions of the 
Act were never funded by congressional appropriations, the program was 
never implemented, and there is no plan to implement it since the 
construction grants program is being phased out.

II. Obsolete Rule

Part 39 Loan Guarantees for Construction of Treatment Works

    Part 39 established policies and procedures to ensure that 
inability to borrow necessary funds from other

[[Page 64291]]

sources does not prevent the construction of any wastewater treatment 
works for which a grant has been, or will be, awarded in compliance 
with the Act. It provides for the guarantee by the Administrator of 
full and timely payment of principal and interest on any obligation of 
the State, municipality, or intermunicipal or interstate agency issued 
directly and exclusively to the Federal Financing Bank to finance the 
local share of the costs of any such project.
    Inasmuch as this revocation action relates to agency management and 
in view of the subject matter, notice of proposed rule making and 
public comment were considered unnecessary.

III. Rulemaking Analysis

Regulatory Flexibility Act

    The Agency has determined that the rule being issued today is not 
subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601, et seq., 
which generally requires an agency to conduct a regulatory flexibility 
analysis unless it certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. By its 
terms, the RFA applies only to rules subject to notice-and-comment 
rulemaking requirements under the Administrative Procedure Act (APA) or 
any other statute. Today's rule is not subject to notice and comment 
requirements under the APA or any other statute. Even if the Agency 
were required to perform a regulatory flexibility analysis, today's 
rule would not have a significant economic impact on small entities for 
the reasons stated in this preamble.

Executive Order 12866

    Under Executive Order 12866, [58 Federal Register 51,735 (October 
4, 1993)] the Agency must determine whether the regulatory action is 
``significant'' and therefore subject to OMB review and the 
requirements of the Executive Order. The Order defines ``significant 
regulatory action'' as one that is likely to result in a rule that may:

    (1) Have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in the Executive Order.

    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

Unfunded Mandates Reform Act

    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This is not a ``major rule'' as defined by 5 U.S.C. 
804(2) of the APA as amended.

List of Subjects in 40 CFR Part 39

    Environmental protection, Loan programs-environmental protection, 
Reporting and recordkeeping requirements, Water pollution control.

    Dated: November 27, 1996.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, 40 CFR Chapter I, under 
the authority of the Federal Water Pollution Control Act Amendments of 
1972 as amended, is amended as follows.

PART 39--[REMOVED]

    1. Part 39 is removed.

[FR Doc. 96-30873 Filed 12-3-96; 8:45 am]
BILLING CODE 6560-50-P