[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Rules and Regulations]
[Pages 7720-7721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[FRL-5965-3]


Technical Amendments to Dried Fermentation Solids and Solubles of 
Myrothecium Verrucarria; Exemption From the Requirement of a Tolerance 
on All Food Crops and Ornamentals; 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 November 14, 1996 (61 FR 58331), the Environmental 
Protection Agency published in the Federal Register a final rule 
amending a final rule which established an exemption from the 
requirement of a tolerance for dried fermentation solids and solubles 
of myrothecium verrucaria on all food crops and ornamentals. The rule 
established an effective date of November 14, 1996. This document 
corrects the effective date of the November 14, 1996 amendment to 
February 17, 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 17, 1998.

FOR FURTHER INFORMATION CONTACT: Angela Hofmann, (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 November 14, 1996 (61 FR 
58331), by operation of law, the rule did not take effect on November 
14, 1996, 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 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 November 14, 1996, 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). 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 November 14, 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 
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 14, 1996, 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

[[Page 7721]]

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 17, 
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, objections, hearing requests, and judicial review 
are limited to the amended effective date. Procedures for filing 
objections to and requests for hearings on this amendment are described 
in the November 14, 1996, Federal Register document.

    Dated: February 6, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3691 Filed 2-13-98; 8:45 am]
BILLING CODE: 6560-50-P