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Citation: 63 Fed. Reg. 7290 1998
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### Federal Register/Vol. 63, No. 30/Friday, February 13, 1998/Rules and Regulations

ACTION: Final disapproval; correction of effective dateunder CRA.
SUMMARY: On November 19, 1997 (62 FR 61633), the Environmental Protection Agency published in the Federal Register a final disapproval ofthe SIP revision submitted by the State of Louisiana for establishing and operating

amotor vehicle Inspection and Maintenance (I/M)Program, which established an effective date of December 19, 1997. This document
corrects the effective date ofthe rule to February 13, 1998 to be consistent with sections 801 and 808 ofthe Congressional Review Act (CRA), enacted aspart ofthe Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 801 and 808. Since certain statutory sanctions maybe applied ifthe deficiency identified in the final disapproval is not corrected, this document also clarifies the timing of such sanctions. EFFECTIVE DATE: Thisrule 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:

1. Background

Section 801 ofthe CRA precludes a rule from taking effect until the agency promulgating the rule submits a rule report, which includes a copy ofthe rule, to each House ofCongress and to the Comptroller General ofthe General Accounting Office (GAO). EPArecently discovered that it had inadvertently failed to submit the above rule as required; thus, although therule was promulgated on November 19, 1997, by operation oflaw, therule did not take effect on December 19, 1997, as stated therein. Now that EPAhas discovered its error, the rule isbeing submitted to both Houses ofCongress and the GAO. This document amends the effective date oftherule consistent with the provisions ofthe CRA.

As discussed more fully in the November 19, 1997, final rule, under section 179(a)(2) ofthe Clean Air Act, since EPA has taken final action disapproving the SIP revision for the I/ M Program, ifthe deficiency is not corrected within 18 months ofthe effective date ofthe final disapproval action, the Administrator must apply

one ofthe sanctions set forth in section 179(b) ofthe Act. Since this document has corrected the effective date ofthe 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 oftheAdministrative 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 tothe public interest, an agency may issue arule without providingnotice and an opportunity forpublic comment. EPA has determined thatthere isgood cause for making today's rule final without priorproposal and opportunity for comment because EPA merely is correcting the effective date ofthe promulgated rule to be consistent with the congressional review requirements oftheCongressional Review Act as a matter oflaw andhas no discretion in this matter. Thus, notice and public procedure are unnecessary. TheAgency finds thatthis constitutes good cause under 5 U.S.C.553(b)(B). Moreover, sincetoday's action does not create any
new regulatory requirements and affected parties have known ofthe underlyingrule sinceNovember 19, 1997, EPA finds that good cause exists to providefor an immediate effective date pursuant to5 U.S.C.553(d)(3) and 808(2).EPA's compliance with these statutes and Executive Orders forthe underlyingrule 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 toreview bythe Office ofManagement and Budget. In addition, this action does not impose any enforceable duty orcontain any unfunded mandate asdescribed in the Unfunded Mandates Reform Act of1995 (Pub.L. 104-4),orrequire prior consultation with State officials as specified by Executive Order 12875 (58 FR58093, October 28, 1993),orinvolve special consideration ofenvironmental justicerelated issues asrequired by Executive Order 12898 (59 FR7629, February 16, 1994). Because this action is not subject to notice-and-comment requirements underthe Administrative Procedure Act or any other statute, itis not subject tothe regulatory flexibility provisions oftheRegulatory Flexibility Act (5 U.S.C. 601 etseq.).EPA's compliance with these statutes and Executive Orders for theunderlying rule is discussed in theNovember 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 of1996, EPA will submit areport containingthis rule and other required information to the U.S. Senate, theU.S. House of Representatives and the Comptroller General ofthe 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 ofpublication ofthe amendment.

This final rule only amends the effective date ofthe underlying rule;it does not amend any substantive requirements contained in therule. Accordingly, to the extent it is available, judicialreview is limited to the amended effective date. Pursuant to section 307(b)(1) ofthe Clean Air Act, challenges to this amendment must be brought within 60 days ofpublication of the amendment.

Dated:February 6, 1998. CarolBrowner,
Administrator. [FR Doc. 98 3690 Filed 2 12 98; 8:45 am]
BILLING CODE 6560-50-P



### ENVIRONMENTAL PROTECTION

AGENCY
40CFR Part 81 [FRL-5963-9]


### Technical Amendments toClean Air ActReclassification;Arizona-Phoenix Nonattainment Area; Ozone; Correction ofEffective Date Under Congressional Review Act(CRA)

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correction of effective date under CRA.

SUMMARY: On November 6, 1997 (62 FR 60001), the Environmental Protection Agency published in the Federal Register a final rule finding that the Phoenix nonattainment area (Maricopa County, Arizona) has not attained the 1- hour ozone national ambient air quality standard (NAAQS) bythe applicable attainment date in the Clean Air Act (CAA) for moderate ozone nonattainment areas, which established

an effective dateofDecember 8, 1998. The rule stated that revisions to the State Implementation Plan (SIP) are due by December 8, 1998. This document
corrects the effective date ofthe rule to February 13, 1998 to be consistent with sections 801 and 808 ofthe Congressional Review Act (CRA), enacted as part ofthe Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 801 and 808. This document does notchange the December 8, 1998, SIP revision submission date. 

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### Federal Register/Vol. 63, No. 30/Friday, February 13, 1998/Rules and Regulations

EFFECTIVE DATE: This rule is effective on February 13, 1998. FOR FURTHER INFORMATION CONTACT: Elizabeth Armour, EPA Region IX, at (415)744-1730. SUPPLEMENTARY INFORMATION:

1. Background

Section 801 ofthe CRA precludes a rule from taking effect until the agency promulgating the rule submits a rule report, which includes a copy ofthe rule, to each House ofCongress and to the Comptroller General ofthe General Accounting Office (GAO). EPArecently discovered that it had inadvertently failed to submit the above rule as required; thus, although therule was promulgated on November 6, 1997, Federal Register document, by operation oflaw, therule did not take effect on December 8, 1998, as stated therein. Now that EPAhas discovered its error, the rule isbeing submitted to both Houses ofCongress and the GAO. This document amends the effective date oftherule consistent with the provisions ofthe CRA.

The November 6, 1997, rule specifies that a revised SIP to meet the serious

area requirements is due to be submitted by December 8, 1998, based on the need
to meet the deadline for the attainment date for serious areas-November 19, 1999. Since the change in effective date oftherule has no impact on the reasons EPA established the December 8, 1998, revised SIP submission date, and since the State hasbeen on notice ofthis action since the November 6, 1997, final rule was published in the Federal Register, EPA is not changing the December 8, 1998, deadline for submitting SIP revisions.

Section 553 ofthe 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 ofthe promulgated rule to be consistent with the congressional review requirements ofthe Congressional Review Act as a matter oflaw and has no discretion in this matter. Thus, notice and public procedure areunnecessary. The Agency finds thatthis 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 ofthe underlying rule since November 6, 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 bythe Office ofManagement 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 FR58093, October 28, 1993), or involve special consideration ofenvironmental justice related issues asrequired by Executive Order 12898 (59 FR7629, February 16, 1994). Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute, itis
not subject to the regulatory flexibility provisions ofthe Regulatory Flexibility Act (5 U.S.C. 601 etseq.).EPA's compliance with these statutes and Executive Orders for theunderlying rule is discussed in the November 6, 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 areport containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe 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).

This final rule only amends the effective date ofthe underlying rule; it does not amend any substantive requirements contained in therule. Accordingly, to the extent it is available, judicialreview is limited to the amended effective date. Pursuant to section 307(b)(1) ofthe Clean Air Act, challenges to this amendment must be brought within 60 days ofpublication of the amendment.

Dated: February 6, 1998. CarolBrowner, Administrator. [FR Doc. 98 3754Filed 2 12 98; 8:45 am]

BILLING CODFE 6560-SO-P 

### ENVIRONMENTAL PROTECTION
AGENCY
40CFR Part 180 [OPP-300608; FRL-5767-7] RIN 2070-AB78 Lambda-cyhalothrin; Pesticide Tolerances

AGENCY: Environmental Protection 

### Agency (EPA). ACTION:Final rule.


### SUMMARY: This regulation establishes tolerances for the combined residues of the pyrethroid lambda-cyhalothrin and its epimer in oron alfalfa forage at 5.0 parts per million (ppm); alfalfa hay at 6.0ppm; leaflettuce at2.0 ppm; brassica head and stem subgroup (broccoli, Chinese broccoli, Brussels sprouts, cabbage, Chinese (napa) cabbage, Chinese mustard, cauliflower, cavalbroccolo, and kohlrabi) at 0.4 ppm; replaces the term "grain dust" with "aspirated grain fractions" with a tolerance of2.0 ppm; and increases the tolerance for poultry fat from 0.01 ppm to 0.03 ppm. Zeneca Ag Products requested these tolerances under the Federal Food, Drug and Cosmetic Act 

### (FFDCA),as amended by theFood Quality Protection Act of 1996 (Pub. L. 104-170). DATES: This regulation is effective February 13, 1998. Objections and requests for hearings must be received by EPA on or before April 14, 1998. ADDRESSES: Written objections and hearing requests, identified by the docket control number, [OPP-300608],
mustbe submitted to: Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. Fees accompanying objections and hearing requests shall be labeled "Tolerance Petition Fees" and forwarded to: EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy ofany objections and hearingrequests filed with the Hearing Clerk identified by the docket control number, [OPP300608], must also be submitted to: Public Information and Records Integrity Branch, Information Resources and Services Division (7506C), Office of PesticidePrograms, Environmental Protection Agency, 401 M St., SW., 

### Washington, DC20460. In person, bring

a copy ofobjections and hearing requests to Rm. 119, CM#2, 1921 Jefferson Davis Hwy., Arlington, VA.

A copy ofobjections and hearing requests filed with the Hearing Clerk may also be submitted electronically by 

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