[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Rules and Regulations]
[Pages 7289-7290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3690]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5964-1]


Technical Amendments to Approval and Promulgation of State 
Implementation Plans (SIP) for Louisiana: Motor Vehicle Inspection and 
Maintenance Program; Correction of Effective Date Under Congressional 
Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).


[[Page 7290]]


ACTION: Final disapproval; correction of effective date under CRA.

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SUMMARY: On November 19, 1997 (62 FR 61633), the Environmental 
Protection Agency published in the Federal Register a final disapproval 
of the SIP revision submitted by the State of Louisiana for 
establishing and operating a motor vehicle Inspection and Maintenance 
(I/M) Program, which established an effective date of December 19, 
1997. This document corrects the effective date of the rule to February 
13, 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. Since 
certain statutory sanctions may be applied if the deficiency identified 
in the final disapproval is not corrected, this document also clarifies 
the timing of such sanctions.

EFFECTIVE DATE: This rule is effective on February 13, 1998.

FOR FURTHER INFORMATION CONTACT: Diane Taheri, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7460.

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 November 19, 1997, by 
operation of law, the rule did not take effect on December 19, 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.
    As discussed more fully in the November 19, 1997, final rule, under 
section 179(a)(2) of the Clean Air Act, since EPA has taken final 
action disapproving the SIP revision for the I/M Program, if the 
deficiency is not corrected within 18 months of the effective date of 
the final disapproval action, the Administrator must apply one of the 
sanctions set forth in section 179(b) of the Act. Since this document 
has corrected the effective date of the final disapproval to February 
13, 1998, the 18-month sanctions clock time frame for the State to 
correct the deficiency begins February 13, 1998.
    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. 553(b)(B). Moreover, since 
today's action does not create any new regulatory requirements and 
affected parties have known of the underlying rule since November 19, 
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). EPA's 
compliance with these statutes and Executive Orders for the underlying 
rule is discussed in the November 19, 1997, Federal Register document.

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 November 19, 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 13, 1998. This rule is not a ``major 
rule'' as defined in 5 U.S.C. 804(2). 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.
    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: February 6, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3690 Filed 2-12-98; 8:45 am]
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