Technical Amendments to Minor Amendments to Inspection/Maintenance Program Requirements; Correction of Effective Date Under Congressional Review Act (CRA)

Carol Browner
Environemental Protection Agency
February 10, 1998

[Federal Register: February 10, 1998 (Volume 63, Number 27)]
[Rules and Regulations]               
[Page 6645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe98-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5960-9]

 
Technical Amendments to Minor Amendments to Inspection/
Maintenance Program Requirements; Correction of Effective Date Under 
Congressional Review Act (CRA)

AGENCY: Environemental Protection Agency (EPA).

ACTION: Direct final rule; correction of effective date under CRA.

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SUMMARY: On September 23, 1996 (61 FR 49680), the Environmental 
Protection Agency published in the Federal Register a direct final rule 
changing a provision of the federal vehicle  inspection  and  
maintenance (I/M) rules relating to motorist compliance enforcement 
mechanisms for pre-existing programs, which established an effective 
date of November 22, 1996. 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.

FOR FURTHER INFORMATION CONTACT:
Tom Eagles, OAR, at (202) 260-5585.

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 September 23, 1996 (61 FR 
49680) by operation of law, the rule did not take effect on November 
22, 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 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 September 23, 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). 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 23, 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 
23, 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 September 23, 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 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 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.

    Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3033 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M