[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Rules and Regulations]
[Pages 682-683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-251]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-5944-9]
Technical Amendments to Ocean Dumping; Amendment of Site
Designation; 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 December 30, 1996 (61 FR 68963), the Environmental
Protection Agency published in the Federal Register a final rule
concerning an amendment to the ocean dumping site designation for the
San Francisco Deep Ocean Site, which established an effective date of
December 30, 1996. This document corrects the effective date of the
rule to December 30, 1997 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.
EFFECTIVE DATE: December 30, 1997.
FOR FURTHER INFORMATION CONTACT: Cynthia Puskar at (202) 260-8532.
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). EPA
recently discovered that it had inadvertently failed to submit the
above rule as required; thus, although the rule was promulgated
December 30, 1996, by operation of law, the rule did not take effect on
December 30, 1996 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.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(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). Moreover, since today's action does not create
any new regulatory requirements and affected parties have known of the
underlying rule since December 30, 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).
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 on the
effective date stated in the December 30, 1996 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 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.).
EPA's compliance with these statutes and Executive Orders for the
underlying rule is discussed in the December 30, 1996 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 December 30, 1997. This rule is not a
``major rule'' as defined in 5 U.S.C 804(2).
[[Page 683]]
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: December 30, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 98-251 Filed 1-2-98; 1:21 pm]
BILLING CODE 6560-50-P
