24452 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations

does not believe that affected entities

that acted in good faith relying upon the

effective date stated in the July 9, 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 July 9, 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

May 4, 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. 98–11554 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[FRL–5982–7]

Technical Amendments to Cyclanilide;

Pesticide Tolerances, 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 June 25, 1997 (62 FR

34182), the Environmental Protection

Agency published in the Federal

Register a final rule correction of the

tolerance level for meat of cattle, goats,

horses, hogs and sheep, which

established an effective date of May 23,

1997. This document corrects the

effective date of the rule to May 4, 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 4, 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 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

Account 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

June 25, 1997, Federal Register

document, by operation of law, the rule

did not take effect on May 23, 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)(2) 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 June

25, 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 June 25,

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

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 4, 1998. This rule is not a ‘‘major

rule’’ as defined in 5 U.S.C. 804(2).
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations 24453

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. 98–11553 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5982–1]

Technical Correction to Heading of

Federal Register Publication

Announcing Final Authorization of

Revisions to Arizona Hazardous Waste

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical correction.

SUMMARY: On March 7, 1997 (62 FR

10464), EPA published an immediate

final rule concerning authorization of

revisions to Arizona’s hazardous waste

management program under the

Resource Conservation and Recovery

Act (RCRA). The title to the Federal

Register publication announcing the

rule mistakenly referred to Nevada

instead of Arizona. The purpose of this

document is to correct this title.

EFFECTIVE DATE: This correction is

effective on May 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Lisa McClain-Vanderpool, U.S. EPA

Region IX (WST–3) 75 Hawthorne

Street, San Francisco, CA 94105,

telephone: (415) 744–2086.

SUPPLEMENTARY INFORMATION:

I. Background

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 technical correction

final without prior proposal and

opportunity for comment because (1)

the correction creates no new regulatory

requirements, and (2) interested persons

have already been put on notice of the

error by a March 21, 1997, Federal

Register publication (62 FR 13540)

correcting the error and extending the

effective date of the March 7, 1997, rule

(the March 21, 1997 rule did not take

effect, however, because EPA did not

submit the rule to Congress as required

by section 801 of the Congressional

Review Act). For the same reasons, EPA

finds that good cause exists to provide

for an immediate effective date of this

correction pursuant to 5 U.S.C. 553(d)(1)

and 802.

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 describe 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 18, 1993), or involve

special consideration of environmental

justice issues as required by Executive

Order 12808 (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 7, 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 technical correction

is effective on May 4, 1998. This

correction is not a ‘‘major rule’’ as

defined in 5 U.S.C. 804(2).

This rule only corrects the title to the

March 21, 1997, Federal Register

publication; it does not amend any

substantive requirements contained in

the rule. Under these circumstances, it

is EPA’s view that, to the extent it is

available, any judicial review would be

limited to this correction.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11558 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–5981–2]

Technical Amendments to District of

Columbia; Final Approval of State

Underground Storage Tank Program;

Correction of Effective Date Under

Congressional Review Act (CRA)

AGENCY: Enviornmental Protection

Agency (EPA).

ACTION: Notice of final determination on

the District of Columbia’s application

for program approval; correction of

effective date under CRA.

SUMMARY: On July 9, 1997 (62 FR

36698), the Environmental Protection

Agency published in the Federal

Register a notice of final determination

on the District of Columbia’s application

for program approval concerning the

District of Columbia’s application for

approval of its underground storage tank

program under Subtitle I of the Resource

Conservation and Recovery Act (RCRA),

which established an effective date of

August 8, 1997. This document corrects

the effective date of the rule to May 4,

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 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Barbara Hostage, Office of Solid Waste

and Emergency Response at (202) 260–

7979.

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

July 9, 1997, Federal Register

document, by operation of law, the July

9, 1997, rule did not take effect on

August 8, 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 553 of the Administrative

Procedure Act, 5 U.S.C. 533(b)(B),