[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Page 24445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11544]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-598-6]
Technical Amendments to Designation of Areas for Air Quality
Planning Purposes; Texas; Revised Geographical Designation of Certain
Air Quality Control Regions; Correction of Effective Date Under
Congressional Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correction of effective date under CRA.
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SUMMARY: On June 3, 1997 (62 FR 30270), the Environmental Protection
Agency published in the Federal Register a direct final rule approving
a July 2, 1993, request by the Governor of Texas to revise the
geographical boundaries of seven Air Quality Control Regions (AQCRs) in
the State of Texas to conform with the Texas Natural Resource
Conservation Commission (TNRCC) regional boundaries, which established
an effective date of August 4, 1997. This document corrects the
effective date of the rule to May 4, 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 4, 1998.
FOR FURTHER INFORMATION CONTACT:
Tom Eagles, Office of Air, at (202) 260-5585.
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 June
3, 1997, Federal Register document, by operation of law, the rule did
not take effect on August 4, 1997, as stated therein. Now that EPA has
discovered its error, the rule has been submitted 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 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 3 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).
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 Executives Orders for the
underlying rule is discussed in the June 3, 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 May 4, 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. 98-11544 Filed 5-1-98; 8:45 am]
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