[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Rules and Regulations]
[Pages 7289-7290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3690]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5964-1]
Technical Amendments to Approval and Promulgation of State
Implementation Plans (SIP) for Louisiana: Motor Vehicle Inspection and
Maintenance Program; Correction of Effective Date Under Congressional
Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
[[Page 7290]]
ACTION: Final disapproval; correction of effective date under CRA.
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SUMMARY: On November 19, 1997 (62 FR 61633), the Environmental
Protection Agency published in the Federal Register a final disapproval
of the SIP revision submitted by the State of Louisiana for
establishing and operating a motor vehicle Inspection and Maintenance
(I/M) Program, which established an effective date of December 19,
1997. This document corrects the effective date of the rule to February
13, 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. Since
certain statutory sanctions may be applied if the deficiency identified
in the final disapproval is not corrected, this document also clarifies
the timing of such sanctions.
EFFECTIVE DATE: This rule is effective on February 13, 1998.
FOR FURTHER INFORMATION CONTACT: Diane Taheri, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7460.
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 November 19, 1997, by
operation of law, the rule did not take effect on December 19, 1997, 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.
As discussed more fully in the November 19, 1997, final rule, under
section 179(a)(2) of the Clean Air Act, since EPA has taken final
action disapproving the SIP revision for the I/M Program, if the
deficiency is not corrected within 18 months of the effective date of
the final disapproval action, the Administrator must apply one of the
sanctions set forth in section 179(b) of the Act. Since this document
has corrected the effective date of the final disapproval to February
13, 1998, the 18-month sanctions clock time frame for the State to
correct the deficiency begins February 13, 1998.
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 November 19,
1997, 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). EPA's
compliance with these statutes and Executive Orders for the underlying
rule is discussed in the November 19, 1997, Federal Register document.
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 the November 19, 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 is effective on February 13, 1998. This rule is not a ``major
rule'' as defined in 5 U.S.C. 804(2). Pursuant to section 307(b)(1) of
the Clean Air Act, challenges to this amendment must be brought within
60 days of publication of the amendment.
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. Pursuant to section 307(b)(1) of
the Clean Air Act, challenges to this amendment must be brought within
60 days of publication of the amendment.
Dated: February 6, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3690 Filed 2-12-98; 8:45 am]
BILLING CODE 6560-50-P
