[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]



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.


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2017, is withdrawn, effective October 13, 2017.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 

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.


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]