24116 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

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 May 29,1997,

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 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. 98–11545 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–5983–2 ]

Technical Amendments to Approval of

Section 112(l) Program of Delegation;

Wisconsin; Correction of Effective

Date Under Congressional Review Act

(CRA)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction of

effective date under CRA.

SUMMARY: On April 1, 1997 (62 FR

15402), the Environmental Protection

Agency published in the Federal

Register a direct final rule concerning

the approval of Wisconsin’s request for

delegation of the Federal Air Toxics

program contained within 40 CFR parts

61 and 63 pursuant to section 112(l) of

the Clean Air Act (CAA) as amended,

which established an effective date of

June 2, 1997. This document corrects

the effective date of the rule of 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

April 1, 1997, Federal Register

document, by operation of law, the rule

did not take effect on June 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 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 April 1, 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 April 1, 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 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. 98–11550 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 76

[FRL–6006–2]

RIN 2069–AF48

Acid Rain Program; Nitrogen Oxides

Emission Reduction Program

AGENCY: Environmental Protection

Agency.