[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Rules and Regulations]
[Pages 6483-6484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3035]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[FRL-5960-3]
Technical Amendments to Control of Air Pollution; Removal and
Modification of Obsolete, Superfluous or Burdensome Rules; Correction
of Effective Data Under Congressional Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule correction; correction of effective date under CRA.
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SUMMARY: On June 24, 1996 (61 FR 32339), the Environmental Protection
Agency published in the Federal Register a final rule correcting Clean
Air Act final regulations which were published on April 11, 1996, which
established an effective date of June 24, 1996. This document corrects
the effective date of the rule to February 9, 1998 to be consistent
with sections 801 and 808 of the Congressional Review Act (CRA),
enacted as part of the Small Business Regulatory Enforcement Fairness
Act, 5 U.S.C. 801 and 808.
EFFECTIVE DATE: This rule is effective on February 9, 1998.
FOR FURTHER INFORMATION CONTACT: Tom Eagles, OAR, at (202) 260-5585.
[[Page 6484]]
SUPPLEMENTARY INFORMATION:
I. Background
Section 801 of the CRA precludes a rule from taking effect until
the agency promulgating the rule submits a rule report, which includes
a copy of the rule, to each House of Congress and to the Comptroller
General of the General Accounting Office (GAO). EPA recently discovered
that it had inadvertently failed to submit the above rule as required;
thus, although the rule was promulgated on June 24, 1996 (61 FR 32339)
by operation of law, the rule did not take effect on June 24, 1996, as
stated therein. Now that EPA has discovered its error, the rules being
submitted to both Houses of Congress and the GAO. This document amends
the effective date of the rule consistent with the provisions of the
CRA.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, an agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA merely is correcting
the effective date of the promulgated rule to be consistent with the
congressional review requirements of the Congressional Review Act as a
matter of law and has no discretion in this matter. Thus, notice and
public procedure are unnecessary. The Agency finds that this
constitutes good cause under 5 U.S.C. 553(b)(B). Moreover, since
today's action does not create any new regulatory requirements and
affected parties have known of the underlying rule since June 24, 1996,
EPA finds that good cause exists to provide for an immediate effective
date pursuant to 5 U.S.C. 553(d)(3) and 808(2).
II. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty or contain any
unfunded mandate as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4), or require prior consultation with State
officials as specified by Executive Order 12875 (58 FR 58093, October
28, 1993), or involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Pursuant to 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA will submit 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; however, in accordance with 5 U.S.C. 808(2),
this rule is effective on February 9, 1998. This rule is not a ``major
rule'' as defined in 5 U.S.C. 804(2).
This final rule only amends the effective date of the underlying
rule; it does not amend any substantive requirements contained in the
rule. Accordingly, to the extent it is available, judicial review is
limited to the amended effective date.
Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3035 Filed 2-6-98; 8:45 am]
BILLING CODE 6560-50-M