[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 416-417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-257]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[FRL-5944-4]
Technical Amendments to Zinc Phosphide; Pesticide Tolerances for
Emergency Exemptions: Correction of Effective Date Under Congressional
Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction of effective date under CRA.
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SUMMARY: On February 20, 1997 at (62 FR 7679) the Environmental
Protection Agency published in the Federal Register a final rule under
the Federal Food, Drug, and Cosmetic Act that established time-limited
tolerances and maximum permissible levels for residues for phosphine
resulting from the use of the rodenticide zinc phosphide in or on
certain raw agricultural commodities. The rule established an effective
date of February 20, 1997. This document corrects the effective date of
the rule to January 6, 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.
DATES: This rule is effective January 6, 1998. Objections and requests
for hearings must be received by EPA on or before March 9, 1998.
ADDRESSES: Written objections and hearing requests, identified by the
docket control number, [OPP-300453], must be submitted to: Hearing
Clerk (1900), Environmental Protection Agency, Room M3708, 401 M
Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Angela Hofmann, Director, Regulatory
Coordination Staff, Office of Prevention, Pesticides, and Toxics,
Environmental Protection Agency, 401 M St., SW, Washington, DC 20460.
Telephone: (202) 260-2922.
SUPPLEMENTARY INFORMATION:
A. 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 the Congress and to the
Comptroller General of the General Accounting Office (GAO). The EPA
recently discovered that it had inadvertently failed to submit the
above rule as required; thus, although the rule was promulgated on
February 20, 1997, by operation of law, the rule did not take effect on
February 20, 1997 as stated. After EPA discovered its error, the rule
was submitted to both Houses of Congress and the GAO on December 11,
1997. This document amends the effective date of the rule consistent
with the provisions of the CRA.
Under section 408(l)(6) of FFDCA, 21 U.S.C. 346a(l)(6), if the
Administrator grants an exemption under section 18 of the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), the Administrator
must establish a tolerance or exemption from the requirement of a
tolerance for the pesticide chemical residue. The Administrator may
establish such a tolerance or exemption without providing notice or a
period for public comment on the tolerance or exemption. In the
underlying rulemaking here, EPA granted a time-limited tolerance under
section 408(l)(6) on February 20, 1997, without notice and an
opportunity for public comment. In addition, the tolerance was made
effective upon publication on February 20, 1997. Because EPA made the
original rule final without prior proposal and opportunity for comment
and 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 EPA has determined that there is good
cause for making today's amendment final without notice and public
comment opportunity. Moreover, since today's action does not create any
new regulatory requirements and affected parties have known of the
underlying rule since February 20, 1997, EPA finds that good cause
exists to provide for an immediate effective date pursuant to 5 U.S.C.
808(2).
Because the delay in the effective date was caused by EPA's
inadvertent failure to submit the rule under the CRA, EPA does not
believe that affected entities that acted in good faith relying upon
the effective date stated in the February 20, 1997 Federal Register
should be penalized if they were complying with the rule as
promulgated.
B. 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 issued 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.).
EPA's compliance with these statutes and Executive Orders for the
underlying rule
[[Page 417]]
is discussed in the February 20, 1997 Federal Register document.
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 became effective on January 6, 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. Nor does it change the April 15, 1998 revocation date.
Accordingly, objections, hearing requests and judicial review are
limited to the amended effective date. Procedures for filing objections
to and requests for hearings on this amendment are described in the
February 20, 1997 Federal Register document.
Dated: December 30, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 98-257 Filed 1-2-98; 12:20 pm]
BILLING CODE 6560-50-M
