[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Rules and Regulations]
[Pages 64290-64291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30873]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 39
[FRL-5658-6]
Loan Guarantees for Construction of Treatment Works; Removal of
Legally Obsolete Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is today removing
from the Code of Federal Regulations (CFR) 40 CFR Part 39. This
outdated rule was intended to implement a provision of law allowing the
EPA Administrator to guarantee state and municipal loans for wastewater
treatment works. The rule is revoked because it is legally obsolete.
Deleting this rule from the CFR will clarify the legal status of this
rule for personnel of State and local government agencies. This action
is in furtherance of government streamlining and will not adversely
impact public health or the environment.
EFFECTIVE DATE: This final rule takes effect on December 4, 1996.
FOR FURTHER INFORMATION CONTACT: Bruce Feldman, Policy, Information and
Training Branch (3903F), United States Environmental Protection Agency,
401 M Street, SW, Washington, D.C. 20460. Telephone: (202) 260-5268; or
E-mail to: feldman.bruce@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 4, 1995, the President directed all Federal agencies and
departments to conduct a comprehensive review of the regulations they
administer and, by June 1, 1995, to identify those rules that are
obsolete or unduly burdensome. EPA has conducted a review of its rules,
including 40 CFR Part 39 issued under the authority of Section 213 of
the Federal Water Pollution Control Act Amendments of 1972, as amended.
Part 39 is being revoked because the Loan Guarantee provisions of the
Act were never funded by congressional appropriations, the program was
never implemented, and there is no plan to implement it since the
construction grants program is being phased out.
II. Obsolete Rule
Part 39 Loan Guarantees for Construction of Treatment Works
Part 39 established policies and procedures to ensure that
inability to borrow necessary funds from other
[[Page 64291]]
sources does not prevent the construction of any wastewater treatment
works for which a grant has been, or will be, awarded in compliance
with the Act. It provides for the guarantee by the Administrator of
full and timely payment of principal and interest on any obligation of
the State, municipality, or intermunicipal or interstate agency issued
directly and exclusively to the Federal Financing Bank to finance the
local share of the costs of any such project.
Inasmuch as this revocation action relates to agency management and
in view of the subject matter, notice of proposed rule making and
public comment were considered unnecessary.
III. Rulemaking Analysis
Regulatory Flexibility Act
The Agency has determined that the rule being issued today is not
subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601, et seq.,
which generally requires an agency to conduct a regulatory flexibility
analysis unless it certifies that the rule will not have a significant
economic impact on a substantial number of small entities. By its
terms, the RFA applies only to rules subject to notice-and-comment
rulemaking requirements under the Administrative Procedure Act (APA) or
any other statute. Today's rule is not subject to notice and comment
requirements under the APA or any other statute. Even if the Agency
were required to perform a regulatory flexibility analysis, today's
rule would not have a significant economic impact on small entities for
the reasons stated in this preamble.
Executive Order 12866
Under Executive Order 12866, [58 Federal Register 51,735 (October
4, 1993)] the Agency must determine whether the regulatory action is
``significant'' and therefore subject to OMB review and the
requirements of the Executive Order. The Order defines ``significant
regulatory action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
Unfunded Mandates Reform Act
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This is not a ``major rule'' as defined by 5 U.S.C.
804(2) of the APA as amended.
List of Subjects in 40 CFR Part 39
Environmental protection, Loan programs-environmental protection,
Reporting and recordkeeping requirements, Water pollution control.
Dated: November 27, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, 40 CFR Chapter I, under
the authority of the Federal Water Pollution Control Act Amendments of
1972 as amended, is amended as follows.
PART 39--[REMOVED]
1. Part 39 is removed.
[FR Doc. 96-30873 Filed 12-3-96; 8:45 am]
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