Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24117

ACTION: Final rule in response to court

order.

SUMMARY: This action removes a

provision of a final rule concerning

emission limitations for the second

phase of the Nitrogen Oxides Reduction

Program under Title IV of the Clean Air

Act (‘‘Act’’). The provision was recently

remanded to EPA by the U.S. Court of

Appeals for the District of Columbia

Circuit at EPAs request.

EFFECTIVE DATE: May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Dwight C. Alpern, Acid Rain Division

(6204J), U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

D.C. 20460, (202) 564–9151.

SUPPLEMENTARY INFORMATION: On April

13, 1995, EPA promulgated nitrogen

oxides (‘‘NOX’’) emission limitations (in

lb/mmBtu) for certain types of coal-fired

utility boilers for the Acid Rain Program

under title IV of the Act. 60 FR 18751

(1995). EPA set limits of 0.45 and 0.50

lb/mmBtu respectively for tangentially

fired boilers and dry bottom, wall fired

boilers (‘‘Group 1 boilers’’). On

December 19, 1996, EPA promulgated

additional NOX emission limitations for

Phase II of the program, i.e., revised

limits for Group 1 boilers and new

limits for cell burner, cyclone, wet

bottom, and vertically fired boilers

(‘‘Group 2 boilers’’). 61 FR 67112 (1996).

In setting the December 19, 1996 NOX

limits, EPA also promulgated a final

rule provision (i.e. § 76.16) that

addressed the relationship between NOX

requirements under titles I and IV of the

Act and provided a mechanism under

which the December 19, 1996 NOX

limits would become inapplicable to

certain boilers. As part of recent

litigation in which the December 19,

1996 regulations were upheld by the

Court (Appalachian Power v. U.S. EPA,

135 F.3d 791 (D.C. Cir., 1998)), EPA

requested a remand, which was granted

by the Court, of § 76.16 in order to

provide additional opportunity for

public comment on the provision. In

todays action, EPA is removing the

existing, final provision in § 76.16 and

will take no further action on the

provision in the instant rulemaking

proceeding. In a separate, future

rulemaking proceeding, EPA intends to

propose a similar provision (i.e., as a

new, proposed § 76.16) and provide an

additional opportunity for public

comment.

For the reasons discussed above, this

action is not a ‘‘significant regulatory

action’’ and is therefore not subject to

review by the Office of Management and

Budget under Executive Order 12866

(58 FR 51735 (1993)). For the same

reasons, this action does not impose

annual costs of $100 million or more,

will not significantly or uniquely affect

small governments, and is not a

significant federal intergovernmental

mandate. With regard to this action, the

Agency thus has no obligations under

sections 202, 203, 204, and 205 of the

Unfunded Mandates Reform Act of 1995

(P.L. 104–4). Moreover, since this action

is not subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute, the

action is not subject to the provisions of

the Regulatory Flexibility Act (5 U.S.C.

601, et seq.).

The Congressional Review Act, 5

U.S.C. 801, et seq., as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this action and any

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of this

document in the Federal Register. This

action is not a ‘‘major rule’’ as defined

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

List of Subjects in 40 CFR Part 76

Environmental protection, Acid rain,

Air pollution control, Electric utilities,

Nitrogen oxides, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: April 24, 1998.

Richard D. Wilson,

Assistant Administrator for Air and

Radiation.

Accordingly, for the reasons set out

above, 40 CFR part 76 is amended as

follows:

PART 76—[AMENDED]

1. The authority citation for part 761

continues to read as follows:

Authority: 42 U.S.C. 7601 and 7651, et seq.

§ 576.16 [Removed]

2. Section 76.16 is removed.

[FR Doc. 98–11662 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–5983–5]

Technical Amendments to Use of

Alternative Analytical Test Methods in

the Reformulated Gasoline Program;

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 13, 1996 (61 FR

58303), the Environmental Protection

Agency published in the Federal

Register a final rule concerning the

extension of the time period during

which certain alternative analytical test

methods may be used in the Federal

Reformulated Gasoline (RFG) program,

which established an effective date of

January 13, 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 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

November 13, 1996, Federal Register

document, by operation of law, the rule

did not take effect on January 13, 1997,

as stated therein. Now that EPA has

discovered its error, the November 13,

1996, 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,
24118 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

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 13,

1996, 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).

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 November

13, 1996, 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 November 13, 1996,

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. 98–11548 Filed 4–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[FRL–5983–6]

Technical Amendments to

Sulfentrazone; Establishment of

Tolerances; 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 March 10, 1997 (62 FR

10703), the Environmental Protection

Agency published in the Federal

Register a final rule concerning the

establishment of tolerances for residues

of the herbicide sulfentrazone (N-[2,4-

dichloro-5-[4-(difluromethyl)-4,5-

dihydro-3-methyl-5-oxo-1H-1,2,4-

triazol-1-yl]pheny]methanesulfonamide)

and its major metabolite 3-

hydroxymethyl sulfentrazone (N-[2,4-

dichloro-5-[4-(difluoromethyl)-4,5-

dihydro-3-hydroxymethyl-5-oxo-1H-1H1,2,4-triazol-1-

yl]pheny]methanesulfonamide), in or on

the raw agricultural commodity soybean

seed at 0.05 ppm and for combined

inadvertent residues of sulfentrazone,

and its metabolites, 3-hydroxymethyl

sulfentrazone and 3-desmethyl

sulfentrazone [N-2[2,4-dichloro-5[4-

(difluoromethyl)-4,5-dihydro-5-oxo-1H1,2,4-triazol-1-

yl]phenyl]methanesulfonamide] in

cereal grains (excluding sweet corn)

forage at 0.2 ppm, straw at 0.6 ppm, hay

at 0.2 ppm, grain at 0.1 ppm, stover at

0.1 ppm, bran at 0.15 ppm and hulls at

0.30 ppm. The March 10, 1997,

document established an effective date

of March 10, 1997. This document

corrects the effective date of the rule

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 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

March 10, 1997, Federal Register

document, by operation of law, the rule

did not take effect on March 10, 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

March 10, 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.