[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6665-6666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3028]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186
[FRL-5959-3]
Technical Amendments to Thiodicarb; 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 August 22, 1997 (62 FR 44582), the Environmental Protection
Agency published in the Federal Register a final rule establishing a
tolerance for combined residues of thiodicarb and its metabolite
methomyl in or on broccoli, cabbage, cauliflower, and leafy vegetables
(except Brassica vegetables), which established an effective date of
August 22, 1997. This document corrects the effective date of the rule
to February 10, 1998, to be consistent with section 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: 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 rule as required
thus, although the rule was promulgated on August 22, 1997 (62 FR
44582) by operation of law, the rule did not take effect on August 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.
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
[[Page 6666]]
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 August 22, 1997, 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 August 22, 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 se seq.).
EPA's compliance with these statutes and Executive Orders for the
underlying rule is discussed in August 22, 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, judicial review is
limited to the amended effective date.
Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3028 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M