[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6676-6677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3031]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1552
[FRL-5959-9]
Technical Amendments to Acquisition Regulation; Coverage on
Information Resources Management (IRM); 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 June 28, 1996 (61 FR 33693), the Environmental Protection
Agency published in the Federal Register a final rule amending its
Acquisition Regulation coverage on Information Resources Management
(IRM) by providing electronic access to EPA IRM policies for the
Agency's contractors, which established an effective date of July 15,
1996. This document corrects the effective date of the rule to February
10, 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 10, 1998.
FOR FURTHER INFORMATION CONTACT:
Edward N. Chambers at (202) 260-6028.
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 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 28, 1996 (61 FR 33693)
by operation of law, the rule did not take effect on July 15, 1996, as
stated therein. Now that EPA has discovered its error, the rule is
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
[[Page 6677]]
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 28, 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.).
EPA's compliance with these statutes and Executive Orders for the
underlying rule is discussed in June 28, 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 is effective on February 10, 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. 98-3031 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M
