[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 416-417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-257]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[FRL-5944-4]


Technical Amendments to Zinc Phosphide; 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.

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SUMMARY: On February 20, 1997 at (62 FR 7679) the Environmental 
Protection Agency published in the Federal Register a final rule under 
the Federal Food, Drug, and Cosmetic Act that established time-limited 
tolerances and maximum permissible levels for residues for phosphine 
resulting from the use of the rodenticide zinc phosphide in or on 
certain raw agricultural commodities. The rule established an effective 
date of February 20, 1997. This document corrects the effective date of 
the rule to January 6, 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.

DATES: This rule is effective January 6, 1998. Objections and requests 
for hearings must be received by EPA on or before March 9, 1998.

ADDRESSES: Written objections and hearing requests, identified by the 
docket control number, [OPP-300453], must be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Room M3708, 401 M 
Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Angela Hofmann, Director, Regulatory 
Coordination Staff, Office of Prevention, Pesticides, and Toxics, 
Environmental Protection Agency, 401 M St., SW, Washington, DC 20460. 
Telephone: (202) 260-2922.

SUPPLEMENTARY INFORMATION:

A. 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 the Congress and to the 
Comptroller General of the General Accounting Office (GAO). The EPA 
recently discovered that it had inadvertently failed to submit the 
above rule as required; thus, although the rule was promulgated on 
February 20, 1997, by operation of law, the rule did not take effect on 
February 20, 1997 as stated. After EPA discovered its error, the rule 
was submitted to both Houses of Congress and the GAO on December 11, 
1997. This document amends the effective date of the rule consistent 
with the provisions of the CRA.
    Under section 408(l)(6) of FFDCA, 21 U.S.C. 346a(l)(6), if the 
Administrator grants an exemption under section 18 of the Federal 
Insecticide, Fungicide and Rodenticide Act (FIFRA), the Administrator 
must establish a tolerance or exemption from the requirement of a 
tolerance for the pesticide chemical residue. The Administrator may 
establish such a tolerance or exemption without providing notice or a 
period for public comment on the tolerance or exemption. In the 
underlying rulemaking here, EPA granted a time-limited tolerance under 
section 408(l)(6) on February 20, 1997, without notice and an 
opportunity for public comment. In addition, the tolerance was made 
effective upon publication on February 20, 1997. Because EPA made the 
original rule final without prior proposal and opportunity for comment 
and 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 EPA has determined that there is good 
cause for making today's amendment final without notice and public 
comment opportunity. Moreover, since today's action does not create any 
new regulatory requirements and affected parties have known of the 
underlying rule since February 20, 1997, EPA finds that good cause 
exists to provide for an immediate effective date pursuant to 5 U.S.C. 
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 February 20, 1997 Federal Register 
should be penalized if they were complying with the rule as 
promulgated.

B. 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 issued 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

[[Page 417]]

is discussed in the February 20, 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 became effective on January 6, 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. Nor does it change the April 15, 1998 revocation date. 
Accordingly, objections, hearing requests and judicial review are 
limited to the amended effective date. Procedures for filing objections 
to and requests for hearings on this amendment are described in the 
February 20, 1997 Federal Register document.

    Dated: December 30, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 98-257 Filed 1-2-98; 12:20 pm]
BILLING CODE 6560-50-M