[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Rules and Regulations]
[Pages 74196-74197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24110]


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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