[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Rules and Regulations]
[Page 39739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-6125-1]


OMB Approval Numbers Under the Paperwork Reduction Act: Technical 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
which were published in the Federal Register on February 17, 1998 (63 
FR 7709). The regulations related to the amendment of the table that 
lists the Office of Management and Budget (OMB) control numbers issued 
under the PRA for Regulation of Fuel and Fuel Additives, Standards for 
Reformulated and Conventional Gasoline.

EFFECTIVE DATE: This correction is effective July 24, 1998.

FOR FURTHER INFORMATION CONTACT: Karen Smith, 202-564-9674.

SUPPLEMENTARY INFORMATION:

Need for Correction

    As published, the final regulations contain errors and 
inadvertently include portions of the OMB approval list which may prove 
misleading and need to be clarified. The final regulation inadvertently 
added sections that were already properly included in an earlier 
document (See 63 FR 1059, January 8, 1998). Since these entries are 
duplicative, this document removes the spans that are no longer needed 
(80.91-80.94 and 80.128-80.130). These ICRs were previously subject to 
public notice and comment prior to OMB approval. As a result, EPA finds 
that there is ``good cause'' under section 553(b)(B) of the 
Administrative Procedure Act (5 U.S.C. 553(b)(B)) to correct this table 
without prior notice and comment. Due to the technical nature of the 
table, further notice and comment would be unnecessary.
    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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. However, section 808 provides that any rule for which 
the issuing agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefor in the rule) that notice and 
public procedure thereon are impracticable, unnecessary or contrary to 
the public interest, shall take effect at such time as the agency 
promulgating the rule determines. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefore, and established an effective date of July 24, 1998. 
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 United States prior to publication of 
the rule in the Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: July 17, 1998.
Margo T. Oge,
Director, Office of Mobile Sources.

    For the reasons set out in the preamble, 40 CFR Part 9 is amended 
as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242B, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


Sec. 9.1  [Amended]

    2. Section 9.1 is amended by removing entries 80.91-80.94 and 
80.128-80.130.

[FR Doc. 98-19833 Filed 7-23-98; 8:45 am]
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