[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Page 47397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21931]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0174; FRL-9969-25--Region 4]
Air Plan Approval: Alabama; Transportation Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the August 17, 2017, direct
final rule that approves an Alabama state implementation plan (SIP)
revision related to transportation conformity requirements. EPA will
address the comment in a subsequent final action based upon the
proposed rulemaking action, also published on August 17, 2017. EPA will
not institute a second comment period on this action.
DATES: The direct final rule published at 82 FR 30935, on August 17,
2017, is withdrawn effective October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can
also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On August 17, 2017 (82 FR 39035), EPA
published a direct final rule approving a SIP revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management. EPA took a direct final action to approve the portions of
the May 8, 2013, submission that removes specific provisions of Alabama
Administrative Code section 335-3-17-.01, ``Transportation
Conformity,'' from the SIP that are no longer required.
In the direct final rule, EPA explained that the Agency was
publishing the rule without prior proposal because the Agency viewed
the submittal as a non-controversial SIP amendment and anticipated no
adverse comments. Further, EPA explained that the Agency was publishing
a separate document in the proposed rules section of the Federal
Register to serve as the proposal to approve the SIP revision should an
adverse comment be filed. EPA also noted that the rule would be
effective generally 30 days after the close of the public comment
period, without further notice unless the Agency received adverse
comment by the close of the public comment period. EPA explained that
if the Agency received such comments, then EPA would publish a document
withdrawing the final rule and informing the public that the rule would
not take effect. It was also explained that all public comments
received would then be addressed in a subsequent final rule based on
the proposed rule, and that EPA would not institute a second comment
period on this action.
EPA received one adverse comment from a single Commenter on the
aforementioned rule. As a result of the comment received, EPA is
withdrawing the direct final rule approving the aforementioned changes
to the Alabama SIPs. EPA will address the comment in a separate final
action based on the proposed action also published on August 17, 2017
(82 FR 39078). EPA will not open a second comment period for this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 29, 2017.
Onis ``Trey'' Glen, III
Regional Administrator, Region 4.
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
Accordingly, the amendment to 40 CFR 52.50(c) published on August 17,
2017 (82 FR 39035), is withdrawn effective October 12, 2017.
[FR Doc. 2017-21931 Filed 10-11-17; 8:45 am]
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