[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Page 57124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19705]


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DEPARTMENT OF COMMERCE

Economic Development Administration

13 CFR Chapter III

[Docket No.: 050729210-5250-02]
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 and 
extension of public comment period.

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SUMMARY: On August 11, 2005, the Economic Development Administration 
(``EDA'') published an interim final rule in the Federal Register. This 
final rule delays the effective date of certain provisions in the 
interim final rule from October 1, 2005 until November 14, 2005. This 
final rule also extends the deadline for submitting public comments on 
the interim final rule from October 11, 2005 until November 14, 2005. 
The delay in effective date and the extension of the public comment 
period are necessary to provide additional time for the submission of 
public comments and to allow for EDA's additional consideration of 
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 October 1, 2005 until November 14, 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. The deadline for submitting public comments on the interim 
final rule is extended from 5 p.m. (e.s.t.) on October 11, 2005 until 5 
p.m. (e.s.t.) on November 14, 2005.

FOR FURTHER INFORMATION CONTACT: 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 current 
regulations (codified at 13 CFR Chapter III). The interim final rule 
also provides for a public comment period.
    This final rule delays the effective date of the provisions 
specified above relating to EDA's Planning Investments, Investment 
Rates for Planning Investments, and District Organizations from October 
1, 2005 until November 14, 2005. The effective date of all other 
provisions of the interim final rule remains October 1, 2005. This 
final rule also extends the deadline for submitting public comments on 
the entire interim final rule from 5 p.m. (e.s.t.) on October 11, 2005 
until 5 p.m. (e.s.t.) on November 14, 2005. The procedure for filing 
public comments is set forth in the interim final rule and is not 
changed by this final rule. The delay in effective date and the 
extension of the public comment period are necessary to provide 
additional time for the submission of public comments and to allow for 
EDA's additional consideration of 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: September 28, 2005.
Benjamin Erulkar,
Chief Counsel, Economic Development Administration.
[FR Doc. 05-19705 Filed 9-29-05; 8:45 am]
BILLING CODE 3510-24-P