[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41330-41331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20229]


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ENVIRONMENT PROTECTION AGENCY

40 CFR Part 5

[FRL-5548-8]


Clean Air, Clean Water, Solid Waste, Pesticides Programs; Removal 
of Legally Obsolete Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is today removing 
from

[[Page 41331]]

the Code of Federal Regulations (CFR) 40 CFR Part 5. This outdated rule 
created a schedule of tuition fees for technical and managerial 
training conducted directly by EPA under its programs in air, water, 
solid waste, radiation and pesticides. This rule is no longer legally 
in effect because it is inconsistent with how Government fees and 
charges are currently assessed under 31 U.S.C. 9701. Deleting this rule 
from the CFR will clarify the legal status of this rule for personnel 
of State and local governmental agencies, other Federal agencies, 
private industries, universities, and other non-EPA agencies and 
organizations. This action is in furtherance of government streamlining 
and will not adversely impact public health or the environment.

EFFECTIVE DATE: This final rule takes effect on August 8, 1996.

FOR FURTHER INFORMATION CONTACT: James H. Carr, EPA Institute (Mail 
Code 3632), EPA, 401 M Street, SW., Washington, DC 20460. Telephone: 
(202) 260-8047; or E-mail to: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    On March 4, 1995, the President directed all Federal agencies and 
departments to conduct a comprehensive review of the regulations they 
administer and, by June 1, 1995, to identify those rules that are 
obsolete or unduly burdensome. EPA has conducted a review of its rules, 
including 40 CFR Part 5 issued under the authority of 31 USC Sec. 483a. 
That law was enacted to allow federal agencies to recoup costs from 
identifiable special beneficiaries where the services rendered inured 
to the benefit of special recipients not the general public.
    The removal of this rule from the CFR is in keeping with the policy 
view that charges should be set at rates rather than fixed dollar 
amounts in order to reflect changes in costs to the Government or 
changes in market prices of the property, resource or service provided. 
See OMB Circular A-25.
    Inasmuch as this rule relates to Agency practice and in view of the 
subject matter, notice of proposed rule making and public comment were 
considered unnecessary.

II. Obsolete Rule

    Part 5--Tuition Fees for Direct Training. 40 CFR Part 5 requires 
EPA to charge a schedule of tuition fees for all persons attending EPA 
technical and managerial training conducted directly by EPA (direct 
training) under its programs in air, water, solid waste, radiation and 
pesticides which commence on or after January 1, 1974. On January 1, 
1974, EPA issued a regulation which set a schedule of fixed dollar 
amounts for direct training.
    On September 13, 1982, 31 USC Sec. 483a was replaced by 31 USC 
Sec. 9701, which established more objective criteria to recoup charges 
for governmental services or things of value. Accordingly, EPA is 
removing the current schedule of fixed dollar amounts in 40 CFR Part 5 
from the CFR.

III. Rulemaking Analysis

Regulatory Flexibility Act

    The EPA certifies that this rule does not have a significant 
economic impact on a substantial number of small entities.

Executive Order 12866

    Under Executive Order 12866, [58 FR 51,735 (October 4, 1993)] the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

Unfunded Mandates Reform Act

    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted 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 prior to publication of the rule in today's Federal Register. 
This is not a ``major rule'' as defined by section 804(2) of the APA as 
amended.

List of Subjects in 40 CFR Part 5

    Environmental protection, Education, Intergovernmental relations.

    Dated: July 29, 1996.
Alvin M. Pesachowitz,
Acting Assistant Administrator, Office of Administration and Resources 
Management.

    For the reasons set out in the preamble, 40 CFR chapter I under the 
authority of 31 U.S.C. 9701 is amended as follows.

PART 5--[REMOVED]

    1. Part 5 is removed.

[FR Doc. 96-20229 Filed 8-7-96; 8:45 am]
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