SUPPLEMENTARY INFORMATION:

Background

EDA's enabling statute is the Public Works and Economic Development Act of 1965 (PWEDA) and EDA's regulations are codified at 13 CFR Chapter III. 13 CFR 301.6 is intended to implement Section 205 of PWEDA which provides that, pursuant to a request by an eligible applicant, EDA may supplement a grant awarded by another “designated federal grant program,” provided the eligible applicant qualifies for financial assistance under such program but is unable to supply the required matching share because of its economic situation. However, this regulation has proved to be confusing to the public because it does not provide guidance beyond what is in the law itself. Therefore, EDA is eliminating the superfluous regulation located at 13 CFR 301.6 as it is unnecessary and burdensome to have the public try to ascertain the intent of the regulation, when in fact there is none.

Classification

Administrative Procedure Act and Regulatory Flexibility Act

Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary. This rule removes a superfluous regulation that does not provide any additional guidance beyond what is already in section 205 of PWEDA. Therefore, public comment would serve no purpose and is unnecessary. There is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness as this rule does not alter the rights or responsibilities of any party, and delaying implementation of this rule and keeping the superfluous regulation may continue to cause confusion.

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 Orders No. 12866, 13563, and 14192

This final rule was drafted in accordance with Executive Orders 12866, 13563, and 14192. OMB has determined that this rule is not significant for purposes of Executive Orders 12866 and 13563. This final rule is deregulatory pursuant to Executive Order 14192.

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

This final rule does not contain policies that have federalism implications.

Paperwork Reduction Act

This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995.

For the reasons discussed above, EDA amends 13 CFR part 301 as follows:

90 FR 28878