Transportation Conformity Rule: MOVES Regional Grace Period Extension, 75797 [2011-31130]
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Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rules, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Parties with objections to this direct
final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
pmangrum on DSK3VPTVN1PROD with RULES
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
VerDate Mar<15>2010
14:16 Dec 02, 2011
Jkt 226001
requirements, Volatile organic
compounds.
Dated: October 27, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—[AMENDED]
75797
MOVES Regional Grace Period,
published on October 13, 2011. The
direct final rule would have extended
the grace period to March 2013, before
the Motor Vehicle Emission Simulator
model (currently MOVES2010a) is
required for regional emissions analyses
for transportation conformity
determinations (‘‘regional conformity
analyses’’).
RIN 2060–AR03
Effective December 5, 2011, EPA
withdraws the direct final rule
published at 76 FR 63554, on October
13, 2011.
FOR FURTHER INFORMATION CONTACT: Meg
Patulski, State Measures and
Transportation Planning Center,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: (734) 214–
4842; fax number: (734) 214–4052;
email address: patulski.meg@epa.gov.
SUPPLEMENTARY INFORMATION: Because
EPA received adverse comments, we are
withdrawing the direct final rule for
extending the MOVES regional
conformity grace period, published on
October 13, 2011 (76 FR 63554). We
stated in that direct final rule that if we
received adverse comments, the direct
final rule would not take effect and we
would publish a timely withdrawal in
the Federal Register. We subsequently
received adverse comments on that
direct final rule. We will address those
comments in a subsequent final action,
which will be based on the parallel
proposed rule also published on
October 13, 2011 (76 FR 63575). As
stated in the direct final rule and the
parallel proposed rule, we will not
institute a second comment period on
this action.
Transportation Conformity Rule:
MOVES Regional Grace Period
Extension
Dated: November 29, 2011.
Gina McCarthy,
Assistant Administrator for the Office of Air
and Radiation.
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220, is amended by
adding paragraphs (c)(388)(i)(E)(3) and
(4) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(388) * * *
(i) * * *
(E) * * *
(3) Rule 218, ‘‘Architectural
Coatings,’’ amended October 14, 2010.
(4) Rule 234, ‘‘Automotive Refinishing
Operations,’’ adopted November 3, 1994
and amended October 14, 2010,
effective July 1, 2011.
*
*
*
*
*
[FR Doc. 2011–30787 Filed 12–2–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 93
[EPA–HQ–OAR–2011–0393; FRL–9499–1]
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Because EPA received
adverse comments, we are withdrawing
the direct final rule extending the
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
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DATES:
Accordingly, the amendments to the
rule published on October 13, 2011 (76
FR 63554) are withdrawn as of
December 5, 2011.
[FR Doc. 2011–31130 Filed 12–2–11; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Rules and Regulations]
[Page 75797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31130]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 93
[EPA-HQ-OAR-2011-0393; FRL-9499-1]
RIN 2060-AR03
Transportation Conformity Rule: MOVES Regional Grace Period
Extension
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: Because EPA received adverse comments, we are withdrawing the
direct final rule extending the MOVES Regional Grace Period, published
on October 13, 2011. The direct final rule would have extended the
grace period to March 2013, before the Motor Vehicle Emission Simulator
model (currently MOVES2010a) is required for regional emissions
analyses for transportation conformity determinations (``regional
conformity analyses'').
DATES: Effective December 5, 2011, EPA withdraws the direct final rule
published at 76 FR 63554, on October 13, 2011.
FOR FURTHER INFORMATION CONTACT: Meg Patulski, State Measures and
Transportation Planning Center, Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-
4842; fax number: (734) 214-4052; email address: patulski.meg@epa.gov.
SUPPLEMENTARY INFORMATION: Because EPA received adverse comments, we
are withdrawing the direct final rule for extending the MOVES regional
conformity grace period, published on October 13, 2011 (76 FR 63554).
We stated in that direct final rule that if we received adverse
comments, the direct final rule would not take effect and we would
publish a timely withdrawal in the Federal Register. We subsequently
received adverse comments on that direct final rule. We will address
those comments in a subsequent final action, which will be based on the
parallel proposed rule also published on October 13, 2011 (76 FR
63575). As stated in the direct final rule and the parallel proposed
rule, we will not institute a second comment period on this action.
Dated: November 29, 2011.
Gina McCarthy,
Assistant Administrator for the Office of Air and Radiation.
Accordingly, the amendments to the rule published on October 13,
2011 (76 FR 63554) are withdrawn as of December 5, 2011.
[FR Doc. 2011-31130 Filed 12-2-11; 8:45 am]
BILLING CODE 6560-50-P
