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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations TABLE 1 TO 845.14Continued Points 62
63
64
65
66
67
68
69
70

14,543
14,890
15,236
15,581
15,929
16,274
16,620
16,966
17,314

8. In 845.15, revise introductory text of paragraph b to read as follows:

845.15 Assessment of separate violations for each day.

b In addition to the civil penalty provided for in paragraph a of this section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended pursuant to section 521a of the Act, 30
U.S.C. 1271a, a civil penalty of not less than $2,596 will be assessed for each day during which such failure to abate continues, except that:

PART 846INDIVIDUAL CIVIL
PENALTIES
9. The authority citation for part 846
continues to read as follows:

Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.

10. In 846.14, revise the first sentence of paragraph b to read as follows:

846.14

Amount of individual civil penalty.

b The penalty will not exceed $17, 314 for each violation.
FR Doc. 202111301 Filed 6121; 8:45 am BILLING CODE 431005P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 30
EPAHQOA20180259; FRL1002432
ORD

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RIN 2080AA15

Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information; Implementation of Vacatur Environmental Protection Agency EPA.

AGENCY:

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Final rule.

The Environmental Protection Agency EPA is removing the regulatory provisions associated with the final rule Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information. This action effectuates the vacatur of the final rule ordered by the United States District Court for the District of Montana. It is also responsive to the Executive order entitled Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, signed on January 20, 2021.
DATES: This final rule is effective May 28, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAHQOA20180259 All documents in the docket are listed on the http www.regulations.gov website.
Although listed in the index, some information may not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically through http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bennett Thompson, Office of Science Advisor, Policy and Engagement 8104R, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202 5641071; email address:
osp_staff@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Dollars

ACTION:

I. General Information A. Does this action apply to me?
This action removes requirements for how the EPA considers the availability of dose-response data underlying its pivotal science used in its significant regulatory actions and influential scientific information. The EPA
recognizes any entity interested in submitting studies to EPA or how EPA
evaluates and considers science in EPA
regulations may be interested in this final rule.
B. Why is EPA issuing this action?
The EPA is removing the regulatory provisions associated with the final rule Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information 86 FR 469, January 6, 2021, herein referred to as
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the 2021 final rule Ref. 1. This action effectuates the vacatur of the final rule ordered by the United States District Court for the District of Montana in Environmental Defense Fund et al. v.
EPA, No. 21cv00003 D. Mon. Feb. 1, 2021 EDF v. EPA.
Section 553 of the Administrative Procedure Act, 5 U.S.C. 553bB, provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA
has determined that there is good cause under section 553bB to issue this final rule without prior proposal and opportunity for comment because this action undertakes the ministerial tasks of removing regulatory provisions vacated by the court in EDF v. EPA Ref.
2.
As a matter of law, the order issued by the court in EDF v. EPA on February 1, 2021 vacated the 2021 final rule. It is, therefore, unnecessary to provide notice and an opportunity for comment on this action, which carries out the courts orders by removing the 2021 final rule from 40 CFR part 30.
In addition, EPA finds that it has good cause to make these revisions immediately effective upon publication under section 553d of the Administrative Procedure Act, 5 U.S.C.
553d. Section 553d 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 ruling. Gavrilovic, 551 F.2d at 1105.
EPA has determined that there is good cause under section 553d for making this final rule effective immediately because this action merely implements the court order vacating the 2021 final rule. Delaying the effectiveness of this rule further would prolong the period of time between the change in the law i.e., the courts vacatur and the
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