[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24450-24451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11555]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[FRL-5982-4]


Technical Amendments to Myclobutanil; Pesticide Tolerances for 
Emergency Exemptions; 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 July 9, 1997 (62 FR 36671), the Environmental Protection 
Agency published in the Federal Register a final rule establishing a 
time-limited tolerance for combined residue of myclobutanil in or on 
peppers (bell and non-bell), peppermint and spearmint, which 
established an effective date of July 9, 1997. This document corrects 
the effective date of the rule to May 4, 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 May 4, 1998.

FOR FURTHER INFORMATION CONTACT:
Angela Hofman, Office of Pesticide Programs and Toxic Substances 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

[[Page 24451]]

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 the 
date stated in the July 9, 1997, Federal Register document, by 
operation of law, the rule did not take effect on July 9, 1997, as 
stated therein. Now that EPA has discovered its error, the rule has 
been 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 July 9, 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 July 9, 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 official 
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 provision 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 July 9, 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 May 4, 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: April 22, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-11555 Filed 5-1-98; 8:45 am]
BILLING CODE 6560-50-M