[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47629-47630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22094]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0454; FRL-9969-28-Region 4]
Air Plan Approval: North Carolina; 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 16, 2017, direct
final rule that approves a North Carolina state implementation plan
(SIP) revision related to transportation conformity requirements. EPA
will address the comment in a subsequent final action
[[Page 47630]]
based upon the proposed rulemaking action, also published on August 16,
2017. EPA will not institute a second comment period on this action.
DATES: The direct final rule published at 82 FR 38838, on August 16,
2017, is withdrawn, effective October 13, 2017.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 16, 2017 (82 FR 38838), EPA
published a direct final rule approving portions of a SIP revision
submitted by the State of North Carolina through the North Carolina
Department of Environment and Natural Resources (now the North Carolina
Department of Environmental Quality) to clarify the applicability of
the State's transportation conformity rules. EPA took a direct final
action to approve changes to regulation 15A NCAC Subchapter 2D, section
.2001, purpose, scope and applicability related to North Carolina's
transportation conformity provisions.
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 North Carolina SIP. EPA will address the comment in a separate
final action based on the proposed action also published on August 16,
2017 (82 FR 38864). 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'' Glenn, III,
Regional Administrator, Region 4.
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
Accordingly, the amendment to 40 CFR 52.1770(c) published on August 16,
2017 (82 FR 38838), is withdrawn effective October 13, 2017.
[FR Doc. 2017-22094 Filed 10-12-17; 8:45 am]
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