Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations 24445

Ci=Concentration of sample component

i in ppmv on a wet basis, as

measured for organics by Test

Method 18 and measured for

hydrogen and carbon monoxide by

American Society for Testing and

Materials (ASTM) D1946–77

(incorporated by reference as

specified in § 63.14).

Hi=Net heat of combustion of sample

component i, kcal/g-mole at 25 °C

and 760 mm Hg. The heats of

combustion may be determined

using ASTM D2382–76

(incorporated by reference as

specified in § 63.14) if published

values are not available or cannot

be calculated.

n=Number of sample components.

* * * * *

(8) Air-assisted flares shall be

designed and operated with an exit

velocity less than the velocity Vmax. The

maximum permitted velocity, Vmax, for

air-assisted flares shall be determined

by the following equation:

Vmax=8.71 + 0.708(HT)

Where:

Vmax=Maximum permitted velocity, m/

sec.

8.71=Constant.

0.708=Constant.

HT=The net heating value as determined

in paragraph (b)(6)(ii) of this

section.

* * * * *

[FR Doc. 98–11262 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[FRL–598–6]

Technical Amendments to Designation

of Areas for Air Quality Planning

Purposes; Texas; Revised

Geographical Designation of Certain

Air Quality Control Regions;

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 June 3, 1997 (62 FR

30270), the Environmental Protection

Agency published in the Federal

Register a direct final rule approving a

July 2, 1993, request by the Governor of

Texas to revise the geographical

boundaries of seven Air Quality Control

Regions (AQCRs) in the State of Texas

to conform with the Texas Natural

Resource Conservation Commission

(TNRCC) regional boundaries, which

established an effective date of August

4, 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:

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

June 3, 1997, Federal Register

document, by operation of law, the rule

did not take effect on August 4, 1997,

as stated therein. Now that EPA has

discovered its error, the rule has been

submitted 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 June 3 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

Executives Orders for the underlying

rule is discussed in the June 3, 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. 98–11544 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[FRL–5987–9]

Technical Amendments to Designation

of Areas for Air Quality Planning

Purposes; State of New Jersey;

Correction of Effective Date Under

Congressional Review Act (CRA)

AGENCY: Environmental Protection

Agency (EPA).