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Technical Amendments to Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program; Correction of Effective Date Under Congressional Review Act (CRA)

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[Federal Register: May 1, 1998 (Volume 63, Number 84)]
[Rules and Regulations]
[Page 24117-24118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my98-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5983-5]


Technical Amendments to Use of Alternative Analytical Test
Methods in the Reformulated Gasoline Program; 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 November 13, 1996 (61 FR 58303), the Environmental
Protection Agency published in the Federal Register a final rule
concerning the extension of the time period during which certain
alternative analytical test methods may be used in the Federal
Reformulated Gasoline (RFG) program, which established an effective
date of January 13, 1997. This document corrects the effective date of
the 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:
Tom Eagles, Office of Air and Radiation 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
November 13, 1996, Federal Register document, by operation of law, the
rule did not take effect on January 13, 1997, as stated therein. Now
that EPA has discovered its error, the November 13, 1996, 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.
    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,

[[Page 24118]]

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 13, 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).
    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 November 13, 1996, 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 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 13, 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 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. 98-11548 Filed 4-30-98; 8:45 am]
BILLING CODE 6560-50-M

 
 

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