[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Page 418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-260]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1535 and 1552

[FRL-5944-3]


Technical Amendments to Acquisition Regulation: Removal of 
Certification Requirements Regarding Collection, Use, Access, 
Treatment, and Disclosure of Confidential Business Information (CBI): 
Correction of Effective Date Under the Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date under the CRA.

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SUMMARY: On July 18, 1997 (62 FR 38476), the Environmental Protection 
Agency published in the Federal Register a final rule concerning the 
EPA Acquisition Regulation (EPAAR) to remove certification requirements 
regarding the collection, use, access, treatment, and disclosure of 
confidential business information (CBI) which are not specifically 
imposed by statute, and to amend CBI clauses to remove such 
certification requirements, which established an effective date of 
August 18, 1997. This document is to correct the effective date of the 
rule to December 30, 1997 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.

EFFECTIVE DATE: December 30, 1997.

FOR FURTHER INFORMATION CONTACT: Judith Koontz at (202) 260-8608.

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 July 
18, 1997 by operation of law, the rule did not take effect on August 
18, 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 is to amend 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), 
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). Moreover, since today's action does not create 
any new regulatory requirements and affected parties have known of the 
underlying rule since July 18, 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).

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 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 18, 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 December 30, 1997. 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.

48 CFR Parts 1535 and 1552

    Environmental protection, Government procurement.

    Dated: December 30, 1997.
Carol M. Browner,
Administrator.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:

PARTS 1535 and 1552--[AMENDED]

    1. The authority citations for Parts 1535 and 1552 continue to read 
as follows:

    Authority: Sec. 205(c), 63 stat. 390, as amended, 40 U.S.C. 
486(c).

    2. Section 1552.235-77 is amended by revising the clause heading 
dates to read ``December 1997'' and revising the section heading to 
read as follows:


Sec. 1552.235-77  Data Security for Federal Insecticide, Fungicide and 
Rodenticide Act Confidential Business Information (December 1997).

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    3. Section 1552.235-78 is amended by revising the clause heading 
dates to read ``December 1997'' and revising the section heading to 
read as follows:


Sec. 1552.235-78  Data Security for Toxic Substances Control Act 
Confidential Business Information (December 1997).

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[FR Doc. 98-260 Filed 1-2-98; 10:01 am]
BILLING CODE 6560-50-P