[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Rules and Regulations]
[Pages 6495-6496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3013]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[FRL-5959-6]


Technical Amendments to Bifenthrin; Pesticide Tolerance; 
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 June 12, 1996 (61 FR 29676), the Environmental Protection 
Agency published in the Federal Register a final rule establishing a 
tolerance for residues of the pesticide bifenthrin in or on the raw 
agricultural commodity strawberries, which established an effective 
date of June 12, 1996. This document corrects the effective date of the 
rule to February 9, 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, 5 U.S.C. 801 and 808.

EFFECTIVE DATE: This rule is effective on February 9, 1998.

FOR FURTHER INFORMATION CONTACT:
Angela Hofmann, OPPTS, at (202) 260-2922.

SUPPLEMENTARY INFORMATION: 

I. 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 Congress and to the Comptroller 
General of the General Accounting Office (GAO). EPA recently discovered 
that it had inadvertently failed to submit the above as required; thus, 
although the rule was promulgated on June 12, 1996 (61 FR 29676), by 
operation of law, the rule did not take effect on June 12, 1996, as 
stated. Now that EPA has discovered its error, the rule is being 
submitted to both Houses of Congress and the GAO. This document amends 
the effective date of the rule consistent with the provisions of the 
CRA.
    Section 408(e)(2) of the Federal Food, Drug, and Cosmetic Act 
(FFDCA), 21 U.S.C. 346a(e)(2), provides that the Administrator, before 
issuing a final rule under section 408(e)(1), shall issue a proposed 
rule and allow 60 days for public comment unless the Administrator for 
good cause finds that it would be in the public interest to provide a 
shorter period. 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 section 408(e)(2). 
Moreover, since today's action does not create any new regulatory 
requirements and affected parties have known of the underlying rule 
since June 12, 1996, EPA finds that good cause exists to provide for an 
immediate effective date pursuant to 5 U.S.C. 808(2). Under section 
408(g)(1) of FFDCA, today's rule is effective upon publication. 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 June 12, 1996, Federal Register should be penalized if 
they were complying with the rule as promulgated.

II. 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 official 
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 
statue, 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 June 12, 1996, Federal Register document.
    Pursuant to 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory

[[Page 6496]]

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 is effective on February 9, 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. Accordingly, to the extent it is available, judicial review is 
limited to the amended effective date.

    Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3013 Filed 2-6-98; 8:45 am]
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