[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Rules and Regulations]
[Pages 684-685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-256]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 712 and 716
[FRL-5944-5]
Technical Amendments to Preliminary Assessment Information and
Health and Safety Data Reporting; Addition of Chemicals; Stay of Final
Rule: 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 October 29, 1996 (61 FR 55871), the Environmental
Protection Agency published in the Federal Register a final rule in
which EPA added certain chemical substances to two model information-
gathering rules under the Toxic Substances Control Act (TSCA): the TSCA
Section 8(a) Preliminary Assessment Information Rule, and the TSCA
Section 8(d) Health and Safety Data Reporting Rule. That rule
established an effective date of November 29, 1996. On December 11,
1996 (62 FR 65186), EPA published a final rule in the Federal Register
staying certain portions of the October 29, 1996 final rule. The stay
rule established an effective date of December 11, 1996. This document
corrects the effective dates of both rules 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.
DATES: December 30, 1997.
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). EPA
recently discovered that it had inadvertently failed to submit both the
above rules as required; thus, although the first rule was promulgated
on October 29, 1996, by operation of law, the rule did not take effect
on November 29, 1996 as stated. Further, although the
[[Page 685]]
second rule, staying certain portions of the first rule, was
promulgated on December 11, 1996, by operation of law, the rule did not
take effect on December 11, 1996 as stated. After EPA discovered its
error, both rules were submitted to both Houses of Congress and the GAO
on December 11, 1997. This document amends the effective dates of both
rules consistent with the provisions of the CRA. Since neither rule
became effective as originally intended, the effect of today's rule is
to stay the reporting of the category ``nonylphenol ethoxylates'' under
40 CFR 712.30 and 716.120 as intended by the December 11, 1996 rule.
However, since the October 29, 1996 rule also made technical amendments
to 40 CFR 712.30(e) to revise the CAS number entry for ``alkylphenols
and alkylphenol ethoxylates'' and those provisions were not stayed by
the December 11, 1996 rule, those technical amendments are effective
December 30, 1997.
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
dates of the promulgated rules 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 rules since October 29, 1996, and December 11, 1996,
respectively, 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
October 29, 1996 rule is discussed in the October 29, 1996 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 dates of the underlying
rules; it does not amend any substantive requirements contained in
those rules. Accordingly, to the extent it is available, judicial
review is limited to the amended effective date. Pursuant to Section 19
of TSCA, challenges to this amendment must be brought within 60 days of
today's publication of this rule.
Dated: December 30, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 98-256 Filed 1-2-98; 1:29 pm]
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