[Federal Register: January 7, 1998 (Volume 63, Number 4)]
[Rules and Regulations]               
[Page 682-683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja98-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-5944-9]

 
Technical Amendments to Ocean Dumping; Amendment of Site 
Designation; 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 December 30, 1996 (61 FR 68963), the Environmental 
Protection Agency published in the Federal Register a final rule 
concerning an amendment to the ocean dumping site designation for the 
San Francisco Deep Ocean Site, which established an effective date of 
December 30, 1996. This document corrects the effective date of the 
rule to December 30, 1997 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.

EFFECTIVE DATE: December 30, 1997.

FOR FURTHER INFORMATION CONTACT: Cynthia Puskar at (202) 260-8532.

SUPPLEMENTARY INFORMATION:

A. 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 the 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 
December 30, 1996, by operation of law, the rule did not take effect on 
December 30, 1996 as stated. After EPA discovered its error, the rule 
was submitted to both Houses of Congress and the GAO on December 11, 
1997. 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), 
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). Moreover, since today's action does not create 
any new regulatory requirements and affected parties have known of the 
underlying rule since December 30, 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 on the 
effective date stated in the December 30, 1996 Federal Register should 
be penalized if they were complying with the rule as promulgated.

B. 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 December 30, 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 became effective on December 30, 1997. This rule is not a 
``major rule'' as defined in 5 U.S.C 804(2).

[[Page 683]]

    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: December 30, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 98-251 Filed 1-2-98; 1:21 pm]
BILLING CODE 6560-50-P