[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Page 69053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22546]


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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]
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