[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6645-6646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5961-2]


Technical Amendments to Approval and Promulgation of 
Implementation Plans; State of Missouri; 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: September 5, 1997 (62 FR 46880), the Environmental Protection 
Agency published in the Federal Register a direct final rule approving 
revisions in the Missouri State rules regarding conformity requirements 
in Kansas City and St. Louis, which established an effective date of 
November 4, 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.


[[Page 6646]]


FOR FURTHER INFORMATION CONTACT:
Alice Todd, EPA Region VII, at (913) 551-7304.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 801 of the CRA precludes a rule form 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 September 5, 1997 (62 FR 
46880) by operation of law, the rule did not take effect on November 4, 
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 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(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. 533(b)(B). Moreover, since 
today's action does not create any new regulatory requirements and 
affected parties have known of the underlying rule since September 5, 
1997, EPA finds that good cause exists to provide for an immediate 
affective date pursuant to 5 U.S.C. 553(d)(3) and 808(2). 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 September 5, 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 September 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 is effect 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. 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. 98-3036 Filed 2-9-98; 8:45 am]
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