24114 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

products, Government contracts,

National forests, Reporting

requirements, Timber sales.

Therefore, for the reasons set forth in

the preamble, Part 223 of Title 36 of the

Code of Federal Regulations is

amended, as follows:

PART 223—SALE AND DISPOSAL OF

NATIONAL FOREST SYSTEM TIMBER

1. The authority citation for part 223

continues to read:

Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98

Stat. 2213, 16 U.S.C. 618, 104 Stat. 714–726,

16 U.S.C. 620–620j, unless otherwise noted.

2. Revise § 223.52 to read as follows:

§ 223.52 Market-related contract term

additions.

(a) Contract provision. (1) Except as

provided in paragraph (a)(3) of this

section, each timber sale contract

exceeding 1 year in length shall contain

a provision for the addition of time to

the contract term, under the following

conditions:

(i) The Chief of the Forest Service has

determined that adverse wood products

market conditions have resulted in a

drastic reduction in wood product

prices applicable to the sale; and

(ii) The purchaser makes a written

request for additional time to perform

the contract.

(2) The contract term addition

provision of the contract must specify

the index to be applied to each sale. The

Forest Supervisor shall determine, and

select from paragraph (b) of this section,

the index to be used for each sale based

on the species and product

characteristics, by volume, being

harvested on the sale. The index

specified shall represent more than onehalf of the advertised volume.

(3) A market-related contract term

addition provision shall not be included

in contracts where the sale has a

primary objective of harvesting timber

subject to rapid deterioration.

(b) Determination of drastic wood

product price reductions. (1) The Forest

Service shall monitor and use Producer

Price Indices, as prepared by the

Department of Labor, Bureau of Labor

Statistics (BLS), adjusted to a constant

dollar base, to determine if marketrelated contract term additions are

warranted.

(i) The Forest Service shall monitor

and use only the following indices:

BLS producer price index Industry

code

Hardwood Lumber .................... 2421# 1

Eastern Softwood Lumber ........ 2421# 3

Western Softwood Lumber ....... 2421# 4

Wood Chips .............................. 2421# 5

(ii) Preliminary index values will be

revised when final index values become

available, however, determination of a

qualifying quarter will not be revised

when final index values become

available.

(2) The Chief of the Forest Service

shall determine that a drastic reduction

in wood product prices has occurred

when, for 2 or more consecutive

quarters, the applicable adjusted price

index is less than 85 percent of the

average of such adjusted index for the

4 highest of the 8 calendar quarters

immediately prior to the qualifying

quarter. A qualifying quarter is a quarter

where the applicable adjusted index is

more than 15 percent below the average

of such index for the 4 highest of the

previous 8 calendar quarters. Qualifying

quarter determinations will be made

using the Producer Price Indices for the

months of March, June, September, and

December.

(3) A determination, made pursuant to

paragraph (b)(2) of this section, that a

drastic reduction in wood product

prices has occurred, shall constitute a

finding that the substantial overriding

public interest justifies the contract term

addition.

(c) Granting market-related contract

term additions. When the Chief of the

Forest Service determines, pursuant to

this section, that a drastic reduction in

wood product prices has occurred, the

Forest Service is to notify affected

timber sale purchasers. For any contract

which has been awarded and has not

been terminated, the Forest Service,

upon a purchaser’s written request, will

add 1 year to the contract’s terms,

except as provided in paragraphs (c)(1)

through (4) of this section. This 1-year

addition includes time outside of the

normal operating season. (1) Additional contract time may not

be granted for those portions of the

contract which have a required

completion date or for those portions of

the contract where the Forest Service

determines that the timber is in need of

urgent removal or that timber

deterioration or resource damage will

result from delay. (2) For each additional consecutive

quarter, in which a contract qualifies for

a market-related contract term addition,

the Forest Service will, upon the

purchaser’s written request, add an

additional 3 months during the normal

operating season to the contract. (3) No more than twice the original

contract length or 3 years, whichever is

less, shall be added to a contract’s term

by market-related contract term

addition.

(4) In no event shall a revised contract

term exceed 10 years as a result of

market-related contract term additions.

(d) Recalculation of periodic

payments. Where a contract is

lengthened as a result of market

conditions, any subsequent periodic

payment dates shall be delayed 1 month

for each month added to the contract’s

term.

Dated: April 27, 1998.

Brian Eliot Burke,

Deputy Under Secretary, Natural Resources

and Environment.

[FR Doc. 98–11626 Filed 4–30–98; 8:45 am]

BILLING CODE 3410–11–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5983–3]

Technical Amendments to Approval

and Promulgation of Air Quality

Implementation Plans; State of

Delaware: Open Burning and Non-CTG

RACT Regulations; 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 March 12, 1997 (62 FR

11329), the Environmental Protection

Agency published in the Federal

Register a direct final rule concerning

the approval of a State Implementation

Plan (SIP) revision submitted by the

State of Delaware, consisting of two

control measures to reduce volatile

organic compound (VOC) emissions,

which established an effective date of

May 12, 1997. This document corrects

the effective date of the rule to May 1,

1998 to be consistent with sections 801

to 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 DATES: This rule is effective

on May 1, 1998.

FOR FURTHER INFORMATION CONTACT: Tom

Eagles, Office of Air, 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 Officer (GAO). EPA recently
Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24115

discovered that it had inadvertently

failed to submit the above rule as

required; thus, although the rule was

promulgated on the date stated in March

12, 1997, Federal Register document, by

operation of law, the rule did not take

effect on May 12, 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

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 March 12, 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 March 12, 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 substantial

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. 98–11549 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

CFR 40 Part 52

[FRL–5981–8]

Technical Amendments to Approval

and Promulgation of Section 182(f)

Exemption to the Nitrogen Oxides

(NOX) Control Requirements for the

Lake Charles Ozone Nonattainment

Area; Louisiana; 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 29, 1997 (62 FR

29072), the Environmental Protection

Agency published in the Federal

Register a final rule issuing final

approval of a petition from the State of

Louisiana requesting that the Lake

Charles marginal ozone nonattainment

area be exempt from applicable nitrogen

oxides (NOX) control requirements of

section 182(f) of the Clean Air Act,

which established an effective date of

May 27, 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 on

May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Tom Eagles, Office of Air 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

May 29, 1997, Federal Register

document, by operation of law, the rule

did not take effect on May 27, 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 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 May 29, 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