[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6647-6648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3019]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5961-1]
Technical Amendments to Approval and Promulgation of
Implementation Plan; Minnesota Correction of Effective Date Under
Congressional Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correction of effective date under CRA.
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SUMMARY: On October 23, 1997 (62 FR 55170), the Environmental
Protection Agency published in the Federal Register a direct final rule
approving Minnesota's 1993 periodic carbon monoxide (CO) emission
inventory, which established an effective date of December 22, 1997.
This document corrects the effective date of the rule to February 10,
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 10, 1998.
FOR FURTHER INFORMATION CONTACT: Dan Werbie, EPA Region V, at (312)
353-5791.
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 rule as required;
thus, although the rule was promulgated on October 23, 1997 (62 FR
55170) by operation of law, the rule did not take effect on December
22, 1997, as stated therein. 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.
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 October 23, 1997, 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
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 October 23, 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 is effective on February 10, 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,
[[Page 6648]]
judicial review is limited to the amended effective date. Pursuant to
section 307(b)(1) of the Clean Air Act, challenges to this amendment
must be brought within 60 days of publication of the amendment.
Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3019 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M