[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Rules and Regulations]
[Pages 691-692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-261]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1552

[FRL-5943-5]


Technical Amendments to Acquisition Regulation: Limitation of 
Future Contracting: 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 5, 1997 (62 FR 5347), the Environmental Protection 
Agency published in the Federal Register a final rule concerning the 
Acquisition Regulation Limitation of Future Contracting, which 
established an effective date of March 7, 1997. This document corrects 
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). EPA 
recently discovered that it had inadvertently failed to submit the 
above rule as required; thus, although the rule was promulgated 
February 5, 1997, by operation of law, the rule did not take effect on 
March 7, 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.
    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 February 5, 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

[[Page 692]]

(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 February 5, 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.

List of Subjects in 48 CFR Part 1552

    Environmental protection, Government procurement.

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

    Therefore, 48 CFR chapter 15 is amended as set forth below:
    1. The authority citation for part 1552 continues to read as 
follows:

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


Section 1552.209-74  [Amended]

    2. Section 1552.209-74 is amended by revising the date in the 
clause heading to read ``(Dec 1997)''.
    3. Section 1552.209-74 is amended by revising the date in the 
clause heading for Alternate I to read ``(Dec 1997)''.
    4. Section 1552.209-74 is amended by revising the date in the 
clause heading for Alternate II to read ``(Dec 1997)''.
    5. Section 1552.209-74 is amended by revising the date in the 
clause heading for Alternate III to read ``(Dec 1997)''.
    6. Section 1552.209-74 is amended by revising the date in the 
clause heading for Alternate IV to read ``(Dec 1997)''.
    7. Section 1552.209-74 is amended by revising the date in the 
clause heading for Alternate VI to read ``(Dec 1997)''.
[FR Doc. 98-261 Filed 1-5-98; 9:16 am]
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