Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program Requirements, 71940-71941 [E8-28125]

Download as PDF 71940 Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Rules and Regulations APPENDIX A TO SUBPART A OF PART 3020—MAIL CLASSIFICATION—Continued Schedule Express Mail [Reserved for Product Description] Outbound International Expedited Services [Reserved for Product Description] Inbound International Expedited Services [Reserved for Product Description] Priority [Reserved for Product Description] Priority Mail [Reserved for Product Description] Outbound Priority Mail International [Reserved for Product Description] Inbound Air Parcel Post [Reserved for Product Description] Parcel Select [Reserved for Group Description] Parcel Return Service [Reserved for Group Description] International [Reserved for Group Description] International Priority Airlift (IPA) [Reserved for Product Description] International Surface Airlift (ISAL) [Reserved for Product Description] International Direct Sacks-M-Bags [Reserved for Product Description] Global Customized Shipping Services [Reserved for Product Description] International Money Transfer Service [Reserved for Product Description] Inbound Surface Parcel Post (at non-UPU rates) [Reserved for Product Description] International Ancillary Services [Reserved for Product Description] International Certificate of Mailing [Reserved for Product Description] International Registered Mail [Reserved for Product Description] International Return Receipt [Reserved for Product Description] International Restricted Delivery [Reserved for Product Description] International Insurance [Reserved for Product Description] Negotiated Service Agreements [Reserved for Group Description] Domestic [Reserved for Product Description] Outbound International [Reserved for Group Description] Part C—Glossary of Terms and Conditions [Reserved] Part D—Country Price Lists for International Mail [Reserved] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY ACTION: Partial withdrawal of direct final rule. 40 CFR Part 80 [FR Doc. E8–28100 Filed 11–25–08; 8:45 am] SUMMARY: Because EPA received adverse comment, we are withdrawing several provisions of the direct final rule to amend the Renewable Fuel Standard program requirements, published on October 2, 2008. [EPA–HQ–OAR–2005–0161; FRL–8745–2] mstockstill on PROD1PC66 with RULES RIN 2060–AO80 Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program Requirements AGENCY: Environmental Protection Agency (EPA). VerDate Aug<31>2005 16:53 Nov 25, 2008 Jkt 217001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 DATES: Effective November 26, 2008, EPA withdraws the amendments to 40 CFR 80.1129(b)(1), 80.1129(b)(4), 80.1129(b)(8), 80.1131(a)(8), and 80.1131(b)(4) published at 73 FR 57248 on October 2, 2008. E:\FR\FM\26NOR1.SGM 26NOR1 Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Rules and Regulations mstockstill on PROD1PC66 with RULES FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and Innovative Strategies Division, Office of Transportation and Air Quality (Mail Code: 6406J), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 20460; telephone number: (202) 343–9473; fax number: (202) 343–2802; e-mail address: brachtl.megan@epa.gov. SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are withdrawing several provisions of the direct final rule to amend the Renewable Fuel Standard program requirements, published on October 2, 2008. We stated in that direct final rule that if we received adverse comment by November 3, 2008, the portions of the direct final rule on which adverse comments were received would not take effect, and we would publish a timely withdrawal of such portions of the direct final rule in the Federal Register. We subsequently received adverse comments on the following provisions: The amendments to 40 CFR 80.1129(b)(1) and 80.1129(b)(8) (providing that a party with a small refinery or small refiner exemption may only separate RINs that have been assigned to a volume of renewable fuel that the party blends into motor vehicle fuel), 40 CFR 80.1129(b)(4) (providing that any party may separate the RINs from renewable fuel that it produces or markets for use in motor vehicles in neat form, or uses in motor vehicles in neat form), and 40 CFR 80.1131(a)(8) and 80.1131(b)(4) (changing the location in the RFS regulations of a provision stating that a RIN that is transferred to two or more parties is considered an invalid RIN). Because EPA received adverse comments, we are withdrawing these provisions. EPA published a parallel proposed rule on the same day as the direct final rule. The proposed rule invited comment on the substance of the direct final rule. We will address the comments received on the portions of the direct final rule being withdrawn today in a subsequent final action based on the parallel proposed rule also published on October 2, 2008 (73 FR 57274). As stated in the parallel proposal, we will not institute a second comment period on this proposed action. The provisions for which we did not receive adverse comment will become effective on December 1, 2008, as provided in the October 2, 2008, direct final rule. Dated: November 20, 2008. Stephen L. Johnson, Administrator. Accordingly, the amendments to 40 CFR 80.1129(b)(1), 80.1129(b)(4), ■ VerDate Aug<31>2005 16:53 Nov 25, 2008 Jkt 217001 80.1129(b)(8), 80.1131(a)(8), and 80.1131(b)(4) published on October 2, 2008 (73 FR 57248) are withdrawn as of November 26, 2008. [FR Doc. E8–28125 Filed 11–25–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 [EPA–HQ–OPA–2008–0569 FRL–8746–1] RIN 2050–AG48 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory Definition of ‘‘Navigable Waters’’ AGENCY: Environmental Protection Agency. ACTION: Final rule; Response to court order vacating regulatory definition of navigable waters. SUMMARY: The Environmental Protection Agency (EPA) is promulgating a final rule to amend a Clean Water Act (CWA) section 311 regulation that defines the term ‘‘navigable waters.’’ On July 17, 2002, EPA promulgated a final rule which included revisions to the definition of ‘‘navigable waters’’ in the Spill Prevention, Countermeasure and Control (SPCC) regulation. In this action, EPA is announcing the vacatur of the July 17, 2002 revisions to the definition of ‘‘navigable waters’’ in accordance with an order, issued by the United States District Court for the District of Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 571 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions. The court decision also restored the regulatory definition of ‘‘navigable waters’’ promulgated by EPA in 1973; consequently, we are amending the definition of ‘‘navigable waters’’ in part 112 to comply with that decision. DATES: This rule is effective November 26, 2008. ADDRESSES: The public docket for this final rule, Docket ID No. EPA–HQ– OPA–2008–0569, contains the information related to this rulemaking. All documents in the docket are listed in an index at https:// www.regulations.gov. Although listed in the index, some information may not be publicly available, such as Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 71941 copy. Publicly available docket materials are available either electronically at https:// www.regulations.gov or in hard copy at the EPA Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the Public Reading Room is 202–566–1744, and the telephone number to make an appointment to view the docket is 202–566–0276. FOR FURTHER INFORMATION CONTACT: For general information, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800–424–9346 or TDD at 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 703–412–9810 or TDD 703–412–3323. For more detailed information on specific aspects of this final rule, contact Hugo Fleischman of EPA at 202–564–1968 (fleischman.hugo@epa.gov), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460–0002, Mail Code 5104A. SUPPLEMENTARY INFORMATION: I. Background A. Potentially Affected Entities Persons or entities who own or operate facilities engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using or consuming oil or oil products, which due to their location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in 40 CFR part 110 of this chapter, into or upon the navigable waters of the United States or adjoining shorelines, could be affected by this rule. The rule addresses the regulatory definition of ‘‘navigable waters’’ under the Clean Water Act (CWA) section 311, a term that is important in determining which owners or operators are required to prepare Spill Prevention, Control and Countermeasure (SPCC) Plans and/or Facility Response Plans (FRP) under 40 CFR part 112 for their facilities. As described further below, this action does not increase regulatory burdens, but rather conforms the language in EPA’s CWA section 311 regulations to the outcome of a lawsuit challenging the regulatory definition. Examples of entities that might potentially be affected include: E:\FR\FM\26NOR1.SGM 26NOR1

Agencies

[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Rules and Regulations]
[Pages 71940-71941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28125]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0161; FRL-8745-2]
RIN 2060-AO80


Regulation of Fuels and Fuel Additives: Modifications to 
Renewable Fuel Standard Program Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Because EPA received adverse comment, we are withdrawing 
several provisions of the direct final rule to amend the Renewable Fuel 
Standard program requirements, published on October 2, 2008.

DATES: Effective November 26, 2008, EPA withdraws the amendments to 40 
CFR 80.1129(b)(1), 80.1129(b)(4), 80.1129(b)(8), 80.1131(a)(8), and 
80.1131(b)(4) published at 73 FR 57248 on October 2, 2008.

[[Page 71941]]


FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and 
Innovative Strategies Division, Office of Transportation and Air 
Quality (Mail Code: 6406J), Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., 20460; telephone number: (202) 343-9473; fax 
number: (202) 343-2802; e-mail address: brachtl.megan@epa.gov.

SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are 
withdrawing several provisions of the direct final rule to amend the 
Renewable Fuel Standard program requirements, published on October 2, 
2008. We stated in that direct final rule that if we received adverse 
comment by November 3, 2008, the portions of the direct final rule on 
which adverse comments were received would not take effect, and we 
would publish a timely withdrawal of such portions of the direct final 
rule in the Federal Register. We subsequently received adverse comments 
on the following provisions: The amendments to 40 CFR 80.1129(b)(1) and 
80.1129(b)(8) (providing that a party with a small refinery or small 
refiner exemption may only separate RINs that have been assigned to a 
volume of renewable fuel that the party blends into motor vehicle 
fuel), 40 CFR 80.1129(b)(4) (providing that any party may separate the 
RINs from renewable fuel that it produces or markets for use in motor 
vehicles in neat form, or uses in motor vehicles in neat form), and 40 
CFR 80.1131(a)(8) and 80.1131(b)(4) (changing the location in the RFS 
regulations of a provision stating that a RIN that is transferred to 
two or more parties is considered an invalid RIN). Because EPA received 
adverse comments, we are withdrawing these provisions.
    EPA published a parallel proposed rule on the same day as the 
direct final rule. The proposed rule invited comment on the substance 
of the direct final rule. We will address the comments received on the 
portions of the direct final rule being withdrawn today in a subsequent 
final action based on the parallel proposed rule also published on 
October 2, 2008 (73 FR 57274). As stated in the parallel proposal, we 
will not institute a second comment period on this proposed action. The 
provisions for which we did not receive adverse comment will become 
effective on December 1, 2008, as provided in the October 2, 2008, 
direct final rule.

    Dated: November 20, 2008.
Stephen L. Johnson,
Administrator.

0
Accordingly, the amendments to 40 CFR 80.1129(b)(1), 80.1129(b)(4), 
80.1129(b)(8), 80.1131(a)(8), and 80.1131(b)(4) published on October 2, 
2008 (73 FR 57248) are withdrawn as of November 26, 2008.
[FR Doc. E8-28125 Filed 11-25-08; 8:45 am]
BILLING CODE 6560-50-P