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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
avenuesincluding an opportunity for written public comments, meetings with stakeholdersprior to completing its review of the LCRR and allowing it to become effective. This document was expeditiously prepared by the Agency in order to be published within less than two months of the change in Administration.
EPA is promulgating this delay to allow time for the public to comment on whether to further extend the effective date of the LCRR. That proposal is published elsewhere in this issue of the Federal Register. This opportunity for public input on whether to allow the rule to go into effect as it currently stands, would be foreclosed if EPA were to provide for pre-promulgation notice and comment. EPA has weighed carefully the fact that this objective is being achieved by deferring the effective date through use of the good cause exception under the APA. The Agency has concluded that the LCRR presents the exceptional case in which reliance on good cause to forgo pre-promulgation notice and comment is appropriate due to the impacts of allowing the rule to go into effect without further public input and engagement. EPA finds that the totality of the circumstances herethe short duration of and important purpose served by the delay, the serious issues raised by the stakeholders and litigants which deserve careful evaluation by the Agency prior to the rule becoming effective, the concerns raised by stakeholders about potential harm from allowing the rule to go into effect, and that, at the same time as publishing this final rule, EPA is also publishing a proposed rule inviting public comment on whether the effective date should be delayedprovide good cause to forego notice and an opportunity for comment in these limited circumstances.
Section 553d3 of the APA provides that final rules shall not become effective until 30 days after publication in the Federal Register except . . . as otherwise provided by the agency for good cause. The purpose of this provision is to give affected parties a reasonable time to adjust their behavior before the final rule takes effect.
Omnipoint Corp. v. Fed. Commcn Commn, 78 F.3d 620, 630 D.C. Cir.
1996; see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 8th Cir.
1977 quoting legislative history. Thus, in determining whether good cause exists to waive the 30-day delay, an agency should balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its
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ruling. Gavrilovic, 551 F.2d at 1105.
EPA has determined that there is good cause for making this final rule effective immediately where, as explained above, the impact of this rule is to provide affected persons additional time before the LCCR goes into effect.
Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is a significant regulatory action that was submitted to the Office of Management and Budget OMB for review. Any changes made in response to OMB recommendations have been documented in the docket.
B. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the PRA. This action does not contain any information collection activities.
C. Regulatory Flexibility Act RFA
This action is not subject to the RFA.
The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act APA, 5 U.S.C. 553, or any other statute. This rule is not subject to notice and comment requirements because the Agency has invoked the APA good cause exemption under 5 U.S.C. 553b.
D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538. The action imposes no enforceable duty on any State, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action is not subject to Executive Order 13175 because it will not have a substantial direct effect on tribes or on the relationship between the national government and tribes.

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G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045
as applying only to those regulatory actions that are economically significant per the definition of covered regulatory action in Section 2202 of the Executive Order. This action is not subject to Executive Order 13045
because the delay of the effective date, by itself is not economically significant.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action is not subject to Executive Order 12898 59 FR 7629, Feb. 16, 1994
because it does not establish an environmental health or safety standard.
This action delays the effective date that, by itself, does not concern an environmental health risk or safety risk.
K. Congressional Review Act CRA
This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest 5 U.S.C. 8082. EPA has made a good cause finding for this rule as discussed in the SUPPLEMENTARY
INFORMATION section of this document, including the basis for that finding.
Jane Nishida, Acting Administrator.
FR Doc. 202105271 Filed 31121; 8:45 am BILLING CODE 656050P

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