Approval and Promulgation of Implementation Plans for Georgia: Partial Withdrawal, 41851-41852 [2013-16655]
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Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations
The SIP revision updating the ozone
and lead NAAQS are approved and
updated North Carolina Rules 15A
NCAC 02D .0405 and .0408 are
incorporated into the SIP as of the
effective date of the May 16, 2013, direct
final action (July 15, 2013).
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: June 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
§ 52.1770
[Amended]
For the reasons set forth in the
preamble, EPA withdraws the revision
of the entries for .0409 and .0410 in
Table 1 of § 52.1770(c) published at 78
FR 28747 (May 16, 2013).
[FR Doc. 2013–16654 Filed 7–11–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0223; FRL–9831–5]
Approval and Promulgation of
Implementation Plans for Georgia:
Partial Withdrawal
Environmental Protection
Agency (EPA).
ACTION: Final rule; partial withdrawal.
AGENCY:
Due to comments received,
EPA is publishing a partial withdrawal
of the direct final approval of revisions
to the Georgia State Implementation
Plan (SIP). EPA stated in the direct final
rule that if EPA received adverse
comments by June 17, 2013, the rule
would be withdrawn and not take effect.
DATES: The partial withdrawal is
effective July 15, 2013.
FOR FURTHER INFORMATION CONTACT: Sara
Waterson, Air Planning Branch, U.S.
Environmental Protection Agency
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Phone
number: (404) 562–9061; Email:
waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION: On May
16, 2013 (78 FR 28744), EPA published
a direct final rulemaking to approve
portions of Georgia’s September 15,
2008, August 30, 2010 (two submittals),
and December 11, 2011, SIP
submissions that update the Georgia SIP
to incorporate EPA’s current national
ambient air quality standards (NAAQS)
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:32 Jul 11, 2013
Jkt 229001
for the sulfur dioxide, nitrogen dioxide,
ozone, lead, and particulate matter (PM)
NAAQS. The SIP submissions contain
amendments to Georgia Rules 391–3–1.–
02(4)(b), (c), (e), (f), and (g) reflecting
EPA’s current NAAQS for the
aforementioned criteria pollutants. On
May 16, 2013, EPA also published an
accompanying proposed rulemaking to
approve the SIP revisions in the event
that EPA received adverse comments on
the direct final rulemaking. See 78 FR
28776.
In the direct final rulemaking, EPA
explained that the Agency was
publishing the rule without prior
proposal because the Agency viewed the
submittals as non-controversial SIP
amendments and anticipated no adverse
comments. Further, EPA explained that
the Agency was simultaneously
publishing a separate document in the
proposed rules section of the Federal
Register to serve as the proposal to
approve the SIP revisions should an
adverse comment be filed. EPA also
noted that the rule would be effective on
July 15, 2013, without further notice
unless the Agency received adverse
comment by June 17, 2013. 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
these actions. The public was advised
that if no comments were received that
the rule would be effective on July 15,
2013, with no further action on the
proposed rule.
On May 17, 2013, EPA received a
comment from a single commenter that
could be viewed as adverse with regard
to the approval action that EPA
contemplated for the PM portion of the
Georgia SIP revision. In summary, the
commenter noted that Georgia’s SIP
revision related to the PM2.5 NAAQS
that was addressed in EPA’s May 16,
2013, rulemaking actions did not reflect
EPA’s December 2012 revision to this
standard. The commenter recommended
that EPA conditionally approve
Georgia’s ‘‘particulate matter SIP’’ on
the condition that the State submit a
revised SIP within a reasonable amount
of time reflecting the December 2012
PM2.5 NAAQS. The commenter
expressed support for EPA’s approval of
the SIP revisions incorporating updates
to the other NAAQS subject to the May
16, 2013, rulemakings.
As result of this comment, EPA is
withdrawing the direct final action
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41851
related solely to the PM portion of the
Georgia SIP revision. Specifically,
through today’s action, EPA is
withdrawing the May 16, 2013, direct
final approval of Georgia’s SIP
submission to update the PM NAAQS
via incorporation of amended Georgia
Rule 391–3–1–.02(4)(c) ‘‘Particulate
Matter’’ into the SIP.
As indicated in the direct final
rulemaking, EPA’s May 16, 2013,
proposed rulemaking approving
Georgia’s SIP revision related to the PM
NAAQS is still in effect. The Agency is
not opening an additional comment
period and will only consider the
comments received prior to June 17,
2013, the close of the public comment
period. If EPA determines that it is
appropriate to finalize the proposed
approval of the Georgia SIP revision
related to the PM NAAQS, EPA will
publish a final rule which will include
a response to the comment received. In
the event that EPA determines that it is
not appropriate to finalize the proposed
approval related to the PM NAAQS,
EPA may issue a subsequent proposal
with a different course of action.
Today’s withdrawal action does not
affect EPA’s May 16, 2013, direct final
action on Georgia’s SIP revisions related
to the sulfur dioxide, nitrogen dioxide,
ozone, and lead NAAQS. The SIP
revisions updating the sulfur dioxide,
nitrogen dioxide, ozone, and lead
NAAQS are approved and amended
Georgia Rules 391–3–1–.02(4)(b), (e), (f),
and (g) are incorporated into the SIP as
of the effective date of the May 16, 2013,
direct final action (July 15, 2013).
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: June 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570 (c) is amended
under Table 1, under Emission
Standards by revising the entry for
‘‘391–3–1–.02(4)’’ to read as follows:
■
§ 52.570
*
Identification of plan
*
*
(c) * * *
E:\FR\FM\12JYR1.SGM
12JYR1
*
*
41852
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations
EPA-APPROVED GEORGIA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
*
EPA
approval
date
Explanation
*
*
*
*
*
*
Emission Standards
*
*
*
391–3–1–.02(4) ...........................
*
*
*
Ambient Air Standards ................
*
*
*
*
*
[FR Doc. 2013–16655 Filed 7–11–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
Hours of Service for Commercial Motor
Vehicle Drivers; Regulatory Guidance
Concerning Off-Duty Time
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Regulatory guidance.
AGENCY:
FMCSA revises its April 4,
1997, regulatory guidance concerning
the conditions that must be met in order
for a commercial motor vehicle (CMV)
driver to record meal and other routine
stops made during a work shift as offduty time. The Agency has reviewed the
guidance and determined that it
includes language that is overly
restrictive and inconsistent with the
hours-of-service regulations. The 1997
guidance has the effect of discouraging
drivers from taking breaks during the
work day, or documenting such breaks
in their logbooks.
DATES: This guidance is effective July
12, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of
Bus and Truck Standards and
Operations; 1200 New Jersey Ave. SE.,
Washington, DC 20590, Telephone 202–
366–4325, Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
Legal Basis
The Secretary of Transportation has
statutory authority to set minimum
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14:32 Jul 11, 2013
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*
5/16/2013 ..........................
*
standards for commercial motor vehicle
safety. These minimum standards must
ensure that: (1) CMVs are maintained,
equipped, loaded, and operated safely;
(2) the responsibilities imposed on
operators of CMVs do not impair their
ability to operate the vehicles safely; (3)
the physical condition of operators of
CMVs is adequate to enable them to
operate the vehicles safely; (4) the
operation of CMVs does not have a
deleterious effect on the physical
condition of the operators; and (5) an
operator of a commercial motor vehicle
is not coerced by a motor carrier,
shipper, receiver, or transportation
intermediary to operate a commercial
motor vehicle in violation of a
regulation. (49 U.S.C. 31136(a)(1)–(5), as
amended). The Secretary also has broad
power in carrying out motor carrier
safety statutes and regulations to
‘‘prescribe recordkeeping and reporting
requirements’’ and to ‘‘perform other
acts the Secretary considers
appropriate.’’ (49 U.S.C. 31133(a)(8) and
(10)).
The Administrator of FMCSA has
been delegated authority under 49 CFR
1.87(f) to carry out the functions vested
in the Secretary of Transportation by 49
U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle
programs and safety regulation.
Background
On April 4, 1997 (62 FR 16370), the
Federal Highway Administration
(FHWA) published ‘‘Regulatory
Guidance for the Federal Motor Carrier
Safety Regulations.’’ The notice
presented interpretive guidance material
for the Federal Motor Carrier Safety
Regulations (FMCSRs) based on the
FHWA’s consolidation or previously
issued interpretations and regulatory
guidance materials. The FHWA
developed concise interpretive guidance
PO 00000
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Fmt 4700
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*
Only subparagraphs (b),
(e), (f), and (g) were approved.
*
in question-and-answer form for each
part of the FMCSRs.
The 1997 notice included the
following guidance to 49 CFR 395.2 on
page 16422 (62 FR 16422):
Question 2: What conditions must be
met for a Commercial Motor Vehicle
(CMV) driver to record meal and other
routine stops made during a tour of duty
as off-duty time?
Guidance: 1. The driver must have
been relieved of all duty and
responsibility for the care and custody
of the vehicle, its accessories, and any
cargo or passengers it may be carrying.
2. The duration of the driver’s relief
from duty must be a finite period of
time which is of sufficient duration to
ensure that the accumulated fatigue
resulting from operating a Commercial
Motor Vehicle (CMV) will be
significantly reduced.
3. If the driver has been relieved from
duty, as noted in (1) above, the duration
of the relief from duty must have been
made known to the driver prior to the
driver’s departure in written
instructions from the employer. There
are no record retention requirements for
these instructions on board a vehicle or
at a motor carrier’s principal place of
business.
4. During the stop, and for the
duration of the stop, the driver must be
at liberty to pursue activities of his/her
own choosing and to leave the premises
where the vehicle is situated.
While FMCSA has not received any
requests for clarification of the
guidance, the Agency believes it is outof-date and no longer provides practical
assistance to motor carriers attempting
to achieve compliance with the HOS
rules. As currently written, the guidance
lays out requirements for written
instructions from drivers’ employers
concerning the duration of breaks
during the work shift which is
inconsistent with the requirements of 49
E:\FR\FM\12JYR1.SGM
12JYR1
]]>Agencies
[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Rules and Regulations]
[Pages 41851-41852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16655]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0223; FRL-9831-5]
Approval and Promulgation of Implementation Plans for Georgia:
Partial Withdrawal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; partial withdrawal.
-----------------------------------------------------------------------
SUMMARY: Due to comments received, EPA is publishing a partial
withdrawal of the direct final approval of revisions to the Georgia
State Implementation Plan (SIP). EPA stated in the direct final rule
that if EPA received adverse comments by June 17, 2013, the rule would
be withdrawn and not take effect.
DATES: The partial withdrawal is effective July 15, 2013.
FOR FURTHER INFORMATION CONTACT: Sara Waterson, Air Planning Branch,
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Phone number: (404) 562-9061; Email:
waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION: On May 16, 2013 (78 FR 28744), EPA published
a direct final rulemaking to approve portions of Georgia's September
15, 2008, August 30, 2010 (two submittals), and December 11, 2011, SIP
submissions that update the Georgia SIP to incorporate EPA's current
national ambient air quality standards (NAAQS) for the sulfur dioxide,
nitrogen dioxide, ozone, lead, and particulate matter (PM) NAAQS. The
SIP submissions contain amendments to Georgia Rules 391-3-1.-02(4)(b),
(c), (e), (f), and (g) reflecting EPA's current NAAQS for the
aforementioned criteria pollutants. On May 16, 2013, EPA also published
an accompanying proposed rulemaking to approve the SIP revisions in the
event that EPA received adverse comments on the direct final
rulemaking. See 78 FR 28776.
In the direct final rulemaking, EPA explained that the Agency was
publishing the rule without prior proposal because the Agency viewed
the submittals as non-controversial SIP amendments and anticipated no
adverse comments. Further, EPA explained that the Agency was
simultaneously publishing a separate document in the proposed rules
section of the Federal Register to serve as the proposal to approve the
SIP revisions should an adverse comment be filed. EPA also noted that
the rule would be effective on July 15, 2013, without further notice
unless the Agency received adverse comment by June 17, 2013. 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 these actions. The public was advised that if
no comments were received that the rule would be effective on July 15,
2013, with no further action on the proposed rule.
On May 17, 2013, EPA received a comment from a single commenter
that could be viewed as adverse with regard to the approval action that
EPA contemplated for the PM portion of the Georgia SIP revision. In
summary, the commenter noted that Georgia's SIP revision related to the
PM2.5 NAAQS that was addressed in EPA's May 16, 2013,
rulemaking actions did not reflect EPA's December 2012 revision to this
standard. The commenter recommended that EPA conditionally approve
Georgia's ``particulate matter SIP'' on the condition that the State
submit a revised SIP within a reasonable amount of time reflecting the
December 2012 PM2.5 NAAQS. The commenter expressed support
for EPA's approval of the SIP revisions incorporating updates to the
other NAAQS subject to the May 16, 2013, rulemakings.
As result of this comment, EPA is withdrawing the direct final
action related solely to the PM portion of the Georgia SIP revision.
Specifically, through today's action, EPA is withdrawing the May 16,
2013, direct final approval of Georgia's SIP submission to update the
PM NAAQS via incorporation of amended Georgia Rule 391-3-1-.02(4)(c)
``Particulate Matter'' into the SIP.
As indicated in the direct final rulemaking, EPA's May 16, 2013,
proposed rulemaking approving Georgia's SIP revision related to the PM
NAAQS is still in effect. The Agency is not opening an additional
comment period and will only consider the comments received prior to
June 17, 2013, the close of the public comment period. If EPA
determines that it is appropriate to finalize the proposed approval of
the Georgia SIP revision related to the PM NAAQS, EPA will publish a
final rule which will include a response to the comment received. In
the event that EPA determines that it is not appropriate to finalize
the proposed approval related to the PM NAAQS, EPA may issue a
subsequent proposal with a different course of action.
Today's withdrawal action does not affect EPA's May 16, 2013,
direct final action on Georgia's SIP revisions related to the sulfur
dioxide, nitrogen dioxide, ozone, and lead NAAQS. The SIP revisions
updating the sulfur dioxide, nitrogen dioxide, ozone, and lead NAAQS
are approved and amended Georgia Rules 391-3-1-.02(4)(b), (e), (f), and
(g) are incorporated into the SIP as of the effective date of the May
16, 2013, direct final action (July 15, 2013).
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: June 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570 (c) is amended under Table 1, under Emission
Standards by revising the entry for ``391-3-1-.02(4)'' to read as
follows:
Sec. 52.570 Identification of plan
* * * * *
(c) * * *
[[Page 41852]]
EPA-Approved Georgia Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.02(4).................... Ambient Air Standards 9/13/2011 5/16/2013............................. Only subparagraphs (b), (e), (f), and
(g) were approved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-16655 Filed 7-11-13; 8:45 am]
BILLING CODE 6560-50-P
