[Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
[Rules and Regulations]
[Page 64029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30750]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 144, NY21-1-6732(c); FRL-5657-8]


Approval and Promulgation of Implementation Plans; New York; 
Withdrawal of Direct Final Rule Regarding Transportation Control 
Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On October 1, 1996, EPA published approval of a State 
Implementation Plan (SIP) revision submitted by New York (61 FR 51214), 
which addressed the need for transportation control measures (TCMs) to 
offset growth in emissions from growth in vehicle miles traveled as 
required by the Clean Air Act. This action was published without prior 
proposal because EPA anticipated no adverse comments. Because EPA 
received adverse comments on this action, EPA is withdrawing the 
approval of New York's request to revise its SIP for ozone, announced 
in the October 1, 1996 direct final rule. EPA will now proceed with 
rulemaking based on a proposed rule pertaining to the same TCMs, which 
was published on the same date (61 FR 51257).

EFFECTIVE DATE: This action is effective December 3, 1996.

FOR FURTHER INFORMATION CONTACT: Linda Kareff, Environmental Protection 
Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866, 
(212) 637-3741 or [email protected].

SUPPLEMENTARY INFORMATION: On October 1, 1996, EPA published direct 
final approval of a revision to New York's SIP for ozone, submitted by 
New York on November 15, 1992 and supplemented on November 5, 1993 (61 
FR 51215). The intended effect of this action was to address the need 
for TCMs to offset growth in emissions from growth in vehicle miles 
traveled as required by the Clean Air Act. EPA published this direct 
final rulemaking without prior proposal because the Agency viewed it as 
a noncontroversial revision and anticipated no adverse comments. The 
direct final rule was published in the Federal Register with a 
provision for a 30 day comment period.
    A proposed rule pertaining to the same TCMs for New York was also 
published in the Federal Register on October 1, 1996 (61 FR 51257). EPA 
announced that the direct final rule would be withdrawn in the event 
that adverse comments were submitted to EPA within 30 days of 
publication of the rule in the Federal Register (61 FR 51214). EPA 
received adverse comments. Therefore, EPA is withdrawing the October 1, 
1996 direct final approval of New York's SIP revision. Comments 
received during the 30 days after October 1, 1996 will be addressed in 
a subsequent rulemaking action based on the proposed rule. As stated in 
the October 1, 1996 notice, this withdrawal action does not establish 
an additional comment period.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen Oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 20, 1996.
Herbert Barrack,
Acting Regional Administrator.

    For the reasons set out in the preamble, 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. 7401-7671q.

Subpart HH--New York


Sec. 52.1683  [Amended]

    2. Section 52.1683 is amended by removing paragraph (c).
[FR Doc. 96-30750 Filed 12-2-96; 8:45 am]
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