[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Page 24120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11552]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[FRL-5982-9]
Technical Amendments to Significant New Uses of Certain Chemical
Substances Correction; 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 May 21, 1997 (62 FR 27694), the Environmental Protection
Agency published in the Federal Register a final rule concerning the
correction of two cross-references in a significant new use rule issued
pursuant to section 5 of the Toxic Substances Control Act, 15 U.S.C.
604, on December 2, 1996 (61 FR 63726, codified at 40 CFR 721.4484).
The correction rule established an effective date of January 31, 1997.
This document corrects the effective date of the correction rule to May
1, 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 May 1, 1998.
FOR FURTHER INFORMATION CONTACT:
Angela Hofmann, Office of Pesticides Prevention and Toxic Substance, at
(202) 260-2922.
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 the date stated in the May
21, 1997, Federal Register document, by operation of law, the rule did
not take effect on January 31, 1997, as stated therein. Now that EPA
has discovered its error, the rule has been 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.
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 May 21, 1997, Federal Register should
be penalized if they were complying with the rule as promulgated
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 76229,
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 May 1, 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: April 22, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-11552 Filed 4-30-98; 8:45 am]
BILLING CODE 6560-50-M
