SUPPLEMENTARY INFORMATION:

By this rule, EDA removes 13 CFR part 315, “Trade Adjustment Assistance for Firms,” effective September 30, 2028. Part 315 was promulgated via final rule (40 FR 44303) on September 26, 1975, to implement the Trade Act of 1974 (Pub. L. 93-618), and it was substantially amended via final rule (74 FR 41598) on August 18, 2009. However, the statutory authorization for the Trade Adjustment Assistance for Firms (TAAF) program lapsed in two stages, in 2021 and 2022, pursuant to the sunset and termination provisions of the Trade Adjustment Assistance Reauthorization Act of 2015 (Title IV of Pub. L. 114-27). As of July 1, 2022, EDA has been unable to accept new petitions from firms for certification of eligibility for trade adjustment assistance through this program. Further, by September 30, 2028, all grants with EDA's Trade Adjustment Assistance Centers will have been closed out, without the possibility of renewal. The TAAF program will therefore no longer be active as of September 30, 2028, and the regulations at part 315 will be obsolete.

Accordingly, part 315 is appropriate for removal, effective September 30, 2028. Removing part 315 will properly reflect both the lapse of the underlying statutory authorization as well as the inactive status of this assistance program by that date. Removing part 315 will also streamline EDA's body of regulations and ensure that it remains accurate and up-to-date, thereby reducing the possibility of public confusion. And the publication of this rule well in advance of the effective date furthers the interests of government transparency and accountability. ( printed page 35377)

Classification

A. Administrative Procedure Act

The Department issues this final rule without prior public notice and comment pursuant to the Administrative Procedure Act's exception for rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.” 5 U.S.C. 553(a)(2). This rule falls into that exception, as part 315 pertains to a federal assistance program.

In addition, pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to waive the prior notice and opportunity for public participation requirements of the Administrative Procedure Act for this final rule. The Department considers this rule to be uncontroversial, and has determined that prior notice and opportunity for public participation is unnecessary, because this rule will only remove outdated regulations that lack a valid statutory authorization and no longer serve any actual function as of the effective date. The continued maintenance of these regulations would create a genuine risk of public confusion and/or distraction; this removal will reduce that risk and enhance clarity. The Department therefore finds good cause to waive the public notice and comment period under 553(b)(B).

B. Executive Orders 12866, 14192, 13132

The Office of Management and Budget has determined this rule is not significant pursuant to Executive Order (“E.O.”) 12866. This rule is an E.O. 14192 deregulatory action. This rule does not contain policies having federalism implications as the term is defined in E.O. 13132.

C. Regulatory Flexibility Act

Because a notice of proposed rulemaking and an opportunity for public participation are not required to be given for this rule by 5 U.S.C. 553(a) and (b)(B), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

D. Paperwork Reduction Act

This rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

91 FR 35376