24450 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[FRL–5982–3]

Technical Amendments to

Imidacloprid; Pesticide Tolerances for

Emergency Exemptions; 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 July 9, 1997 (62 FR

36691), the Environmental Protection

Agency published in the Federal

Register a final rule establishing timelimited tolerances for combined

residues of imidacloprid in or on the

crop group citrus fruits and processed

commodity dried citrus pulp, which

established an effective date of July 9,

1997. This document corrects the

effective date of the rule on 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 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 rule

did not take effect on July 9, 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 July

9, 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 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. 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

amendment effective date.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11556 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[FRL–5982–4]

Technical Amendments to

Myclobutanil; Pesticide Tolerances for

Emergency Exemptions; 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 July 9, 1997 (62 FR

36671), the Environmental Protection

Agency published in the Federal

Register a final rule establishing a timelimited tolerance for combined residue

of myclobutanil in or on peppers (bell

and non-bell), peppermint and

spearmint, which established an

effective date of July 9, 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

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 the agency

promulgating the rule submits a rule

report, which includes a copy of the

rule, to each House of Congress and to