[Federal Register: January 7, 1998 (Volume 63, Number 4)] [Rules and Regulations] [Page 686-687] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr07ja98-17] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [FRL-5943-9] Technical Amendments to Aliphatic Ester; Revocation of Significant New Use Rule: Correction of Effective Date Under Congressional Review Act (CRA) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correction of effective date under CRA. ----------------------------------------------------------------------- SUMMARY: On July 2, 1997 (62 FR 35691), the Environmental Protection Agency published in the Federal Register a final rule that revoked a significant new use rule under the Toxic Substances Control Act (TSCA) for aliphatic ester based on a new evaluation of toxicity data. The rule established an effective date of August 1, 1997. 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: Angela Hofmann, Director, Regulatory Coordination Staff, Office of Prevention, Pesticides, and Toxics, Environmental Protection Agency, 401 M St., SW, Washington, DC 20460. Telephone: (202) 260-2922. 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 July 2, 1997, by operation of law, the rule did not take effect on August 1, 1997 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 July 2, 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). 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 July 2, 1997 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 July 2, 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 [[Page 687]] 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). 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 19 of TSCA, challenges to this amendment must be brought within 60 days of today's publication of this rule. Dated: December 30, 1997. Carol M. Browner, Administrator. [FR Doc. 98-263 Filed 1-2-98; 1:29 pm] BILLING CODE 6560-50-P