Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24119

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 March 10,

1997, 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 March 10, 1997,

Federal Register document.

Pursuant to 5 U.S.C. 801(a)(1)(a),

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. 98–11547 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[FRL–5983–1]

Technical Amendments to

Propiconazole Pesticide Tolerances for

Emergency Exemptions Correction;

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 May 2, 1997 (62 FR

24045), the Environmental Protection

Agency published in the Federal

Register a final rule that corrected the

tolerance level for cranberries that had

been listed incorrectly in a document

published in the Federal Register on

April 11, 1997, establishing time-limited

tolerances for combined residues of the

pesticide propiconazole in or on the

food commodities almonds and

cranberries. The May 2, 1997, notice

established an effective date of May 2,

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

May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Angela Hofman, Office of Pesticide

Programs and Toxic Substances at (202)

260–2922.

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

May 2, 1997, Federal Register

document, by operation of law, the rule

did not take effect on May 2, 1997, as

stated therein. Now that EPA has

discovered its error, the 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 408(e)(20 of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(e)(2), provides that the

Administrator, before issuing a final

rule under section 408(e)(1), shall issue

a proposed rule and allow 60 days for

public comment unless the

Administrator for good cause finds that

it would be in the public interest to

provide a shorter period. 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 section

408(e)(2). Moreover, since today’s action

does not create any new regulatory

requirements and affected parties have

known of the underlying rule since May

2, 1997, EPA finds that good cause

exists to provide for an immediate

effective date pursuant to 5 U.S.C.

808(2). Under section 408(g)(1) of

FFDCA, today’s rule is effective upon

publication.

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 May 2, 1997,

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.).

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
24120 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

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. 98–11551 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[FRL–5982–9]

Technical Amendments to Significant

New Uses of Certain Chemical

Substances Correction; 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 May 21, 1997 (62 FR

27694), the Environmental Protection

Agency published in the Federal

Register a final rule concerning the

correction of two cross-references in a

significant new use rule issued pursuant

to section 5 of the Toxic Substances

Control Act, 15 U.S.C. 604, on December

2, 1996 (61 FR 63726, codified at 40

CFR 721.4484). The correction rule

established an effective date of January

31, 1997. This document corrects the

effective date of the correction 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:

Angela Hofmann, Office of Pesticides

Prevention and Toxic Substance, at

(202) 260–2922.

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

May 21, 1997, Federal Register

document, by operation of law, the rule

did not take effect on January 31, 1997,

as stated therein. Now that EPA has

discovered its error, the 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.

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 May 21,

1997, 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 76229,

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.).

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. 98–11552 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 43, 63, and 64

[IB Docket Nos. 97–142 and 95–22, FCC

97–398]

Foreign Participation in the U.S.

Telecommunications Market

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petitions for

reconsideration; corrections.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of December 9, 1997, a

summary of a Report and Order that it

adopted on November 25, 1997, that

created a new regulatory framework for

international telecommunications. The

Commission inadvertently omitted one

sentence from a revised section of the

rules. This document corrects that

omission. This document also amends

the December 9 publication to make

clear that the Commission’s order

disposed of petitions for reconsideration

in a related docket.

EFFECTIVE DATE: February 9, 1998.

FOR FURTHER INFORMATION CONTACT:

Douglas A. Klein or Susan O’Connell,

International Bureau, (202) 418–1460.

SUPPLEMENTARY INFORMATION:

1. In FR Doc. No. 97–32013,

published in the Federal Register of

December 9, 1997 (62 FR 64741), the

Commission inadvertently omitted a

sentence from the revised

§ 63.18(e)(4)(ii)(A). This correction adds

the necessary sentence. The

Commission included this correction in

an Errata released on January 12, 1998.

2. The Commission also now wishes

to clarify that FR Doc. No. 97–32013

was also an action disposing of petitions

for reconsideration filed in IB Docket

No. 95–22, Market Entry and Regulation

of Foreign-Affiliated Entities.

Corrections

In FR Doc. 97–32013, published on

December 9, 1997 (62 FR 64741), make

the following corrections.

1. On page 64741, in column 2, line

4 of the document is corrected to read

‘‘IB Docket Nos. 97–142 and 95–22, FCC

97–398.’’