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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 date under CRA.

SUMMARY: On November 19, 1997 (62 FR

61633), the Environmental Protection

Agency published in the Federal

Register a final disapproval of the SIP

revision submitted by the State of

Louisiana for establishing and operating

a motor vehicle Inspection and

Maintenance (I/M) Program, which

established an effective date of

December 19, 1997. This document

corrects the effective date of the rule to

February 13, 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. Since certain

statutory sanctions may be applied if the

deficiency identified in the final

disapproval is not corrected, this

document also clarifies the timing of

such sanctions.

EFFECTIVE DATE: This rule 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 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 November 19, 1997, by

operation of law, the rule did not take

effect on December 19, 1997, as stated

therein. Now that EPA has discovered

its error, the rule is being 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.

As discussed more fully in the

November 19, 1997, final rule, under

section 179(a)(2) of the Clean Air Act,

since EPA has taken final action

disapproving the SIP revision for the I/

M Program, if the deficiency is not

corrected within 18 months of the

effective date of the final disapproval

action, the Administrator must apply

one of the sanctions set forth in section

179(b) of the Act. Since this document

has corrected the effective date of the

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 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 November 19,

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). EPA's compliance with these

statutes and Executive Orders for the

underlying rule 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 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 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 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

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 of publication of the amendment.

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 307(b)(1) of the Clean Air Act,

challenges to this amendment must be

brought within 60 days of publication of

the amendment.

Dated: February 6, 1998.

Carol Browner,

Administrator.

[FR Doc. 98 3690 Filed 2 12 98; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[FRL-5963-9]

Technical Amendments to Clean Air

Act Reclassification; Arizona-Phoenix

Nonattainment Area; Ozone;

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 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) by the applicable

attainment date in the Clean Air Act

(CAA) for moderate ozone

nonattainment areas, which established

an effective date of December 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 of the rule to

February 13, 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. This document does

not change the December 8, 1998, SIP

revision submission date.

7290

HeinOnline -- 63 Fed. Reg. 7290 1998
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 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 November 6, 1997,

Federal Register document, by

operation of law, the rule did not take

effect on December 8, 1998, as stated

therein. Now that EPA has discovered

its error, the rule is being 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.

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

of the rule has no impact on the reasons

EPA established the December 8, 1998,

revised SIP submission date, and since

the State has been on notice of this

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 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 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 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 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 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

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 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 307(b)(1) of the Clean Air Act,

challenges to this amendment must be

brought within 60 days of publication of

the amendment.

Dated: February 6, 1998.

Carol Browner,

Administrator.

[FR Doc. 98 3754 Filed 2 12 98; 8:45 am]

BILLING CODFE 6560-SO-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR 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 or on alfalfa forage at 5.0

parts per million (ppm); alfalfa hay at

6.0 ppm; leaf lettuce at 2.0 ppm;

brassica head and stem subgroup

(broccoli, Chinese broccoli, Brussels

sprouts, cabbage, Chinese (napa)

cabbage, Chinese mustard, cauliflower,

caval broccolo, and kohlrabi) at 0.4

ppm; replaces the term "grain dust"

with "aspirated grain fractions" with a

tolerance of 2.0 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 the Food

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],

must be 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

of any objections and hearing requests

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

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

7291

HeinOnline -- 63 Fed. Reg. 7291 1998