[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Rules and Regulations]
[Pages 53883-53887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-107-200338(a); FRL-7557-9]


Approval and Promulgation of Implementation Plans; North 
Carolina: Mecklenburg-Union Transportation Conformity Interagency 
Memorandum of Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the North Carolina State 
Implementation Plan (SIP) that contains the transportation conformity 
memorandum of agreement with the Mecklenburg-Union Metropolitan 
Planning Organization and others. The memorandum of agreement 
establishes procedures for consultation as part of the transportation 
conformity provisions. This EPA approval action allows direct 
consultation among agencies at the local level. This final approval 
action is limited to Transportation Conformity.

DATES: This direct final rule is effective on November 14, 2003, 
without further notice, unless EPA receives adverse comment by October 
15, 2003. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that this rule will not take effect.

ADDRESSES: All comments should be addressed to Kelly Sheckler at the 
Air Planning Branch, EPA, Region 4, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-8960. Comments may also be submitted electronically, or 
through hand delivery/courier. Please follow the detailed instructions 
described in sections I.B.1.i. through iii. of the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling 
and Transportation Section, Air Planning 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) 562-9042. Ms. Sheckler can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Outlined below are the contents of this 
document:

I. General Information
II. Background
    A. What is a SIP?
    B. What is the Federal Approval Process for a SIP?
    C. What is Transportation Conformity?
    D. Why Must the State Submit a Transportation Conformity SIP?
    E. How Does Transportation Conformity Work?
III. Approval of the State Transportation Conformity Rule
    A. What Did the State Submit?
    B. What is EPA Approving Today and Why?
    C. How Did the State Satisfy the Interagency Consultation 
Process (40 CFR 93.105)?
IV. Final Action
V. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under NC 107. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. North Carolina 
Department of Environmental and Natural Resources, 2728 Capital 
Boulevard, Raleigh, North Carolina 27604.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commentors, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing

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copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking NC 107'' in the subject line on 
the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please include the text ``Public comment on 
proposed rulemaking NC 107'' in the subject line. EPA's e-mail system 
is not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulation.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulation.gov at http://www.regulations.gov, then select Environmental 
Protection Agency at the top of the page and use the go button. The 
list of current EPA actions available for comment will be listed. 
Please follow the online instructions for submitting comments. The 
system is an ``anonymous access'' system, which means EPA will not know 
your identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Kelly Sheckler, Air Quality 
Modeling and Transportation, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please 
include the text ``Public comment on proposed rulemaking NC 107'' in 
the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Kelly 
Sheckler, Air Quality Modeling and Transportation Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9 to 3:30, 
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

A. What Is a SIP?

    The states, under section 110 of the Clean Air Act (herein referred 
to as the Act), must develop air pollution regulations and control 
strategies to ensure that state air quality meets the National Ambient 
Air Quality Standards (NAAQS) established by EPA. The Act, under 
section 109, established these NAAQS which currently address six 
criteria pollutants. These pollutants are: carbon monoxide, nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide.
    Each state must send these regulations and control strategies to 
EPA for approval and incorporation into the Federally enforceable SIP, 
which protects air quality and contains emission control plans for 
NAAQS nonattainment areas. These SIPs can be extensive, containing 
state regulations

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or other enforceable documents and supporting information such as 
emission inventories, monitoring networks, and modeling demonstrations.

B. What Is the Federal Approval Process for a SIP?

    The states must formally adopt the regulations and control 
strategies consistent with state and Federal laws for incorporating the 
state regulations into the Federally enforceable SIP. This process 
generally includes a public notice, public comment period, public 
hearing, and a formal adoption by a state-authorized rulemaking body.
    Once a state rule, regulation, or control strategy is adopted, the 
state will send these provisions to EPA for inclusion in the Federally 
enforceable SIP. EPA must then determine the appropriate Federal 
action, provide public notice, and request additional public comment on 
the action. The possible Federal actions include: Approval, 
disapproval, conditional approval and limited approval/disapproval. If 
adverse comments are received, EPA must consider and address the 
comments before taking final action. EPA incorporates state regulations 
and supporting information (sent under section 110 of the Act) into the 
Federally approved SIP through the approval action. EPA maintains 
records of all such SIP actions in the CFR at Title 40, part 52, 
entitled ``Approval and Promulgation of Implementation Plans.'' The EPA 
does not reproduce the text of the Federally approved state regulations 
in the CFR. They are ``incorporated by reference,'' which means that 
the specific state regulation is cited in the CFR and is considered a 
part of the CFR the same as if the text were fully printed in the CFR.

C. What Is Transportation Conformity?

    Conformity first appeared as a requirement in the Act's 1977 
amendments (Public Law 95-95). Although the Act did not define 
conformity, it stated that no Federal department could engage in, 
support in any way or provide financial assistance for, license or 
permit, or approve any activity which did not conform to a SIP which 
has been approved or promulgated. The 1990 Amendments to the Act 
expanded the scope and content of the conformity concept by defining 
conformity to a SIP. Section 176(c) of the Act defines conformity as 
conformity to the SIP's purpose of eliminating or reducing the severity 
and number of violations of the NAAQS and achieving expeditious 
attainment of such standards. Also, the Act states that no Federal 
activity will: (1) Cause or contribute to any new violation of any 
standard in any area, (2) increase the frequency or severity of any 
existing violation of any standard in any area, or (3) delay timely 
attainment of any standard or any required interim emission reductions 
or other milestones in any area. The requirements of section 176(c) of 
the Clean Air Act apply to all departments, agencies and 
instrumentalities of the Federal government. Transportation conformity 
refers only to the conformity of transportation plans, programs and 
projects that are funded or approved under title 23 U.S.C. of the 
Federal Transit Ac (49 U.S.C. chapter 53).

D. Why Must the State Submit a Transportation Conformity SIP?

    A transportation conformity SIP is a plan which contains criteria 
and procedures for the Department of Transportation (DOT), Metropolitan 
Planning Organizations (MPOs), and other state or local agencies to 
assess the conformity of transportation plans, programs and projects to 
ensure that they do not cause or contribute to new violations of a 
NAAQS in the area substantially affected by the project, increase the 
frequency or severity of existing violations of a standard in such area 
or delay timely attainment. 40 CFR 51.390, subpart T requires states to 
submit a SIP that establishes criteria for conformity to EPA. 40 CFR 
part 93, subpart A, provides the criteria the SIP must meet to satisfy 
40 CFR 51.390. EPA was required to issue criteria and procedures for 
determining conformity of transportation plans, programs, and projects 
to a SIP by section 176(c) of the Act. The Act also required the 
procedure to include a requirement that each state submit a revision to 
its SIP including conformity criteria and procedures.
    EPA published the first transportation conformity rule in the 
November 24, 1993, Federal Register (FR), and it was codified at 40 CFR 
part 51, subpart T and 40 CFR part 93, subpart A. EPA required the 
states to adopt and submit a transportation conformity SIP revision to 
the appropriate EPA Regional Office. EPA revised the transportation 
conformity rule on August 7, 1995 (60 FR 40098), November 14, 1995 (60 
FR 57179), and August 15, 1997 (62 FR 43780), and codified the 
revisions under 40 CFR part 51, subpart T and 40 CFR part 93, subpart 
A--Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Developed, Funded or 
Approved Under Title 23 U.S.C. of the Federal Transit Laws (62 FR 
43780). EPA's action of August 15, 1997, required the states to change 
their rules and submit a SIP revision to EPA by August 15, 1998. States 
may choose to develop in place of regulations, a memorandum of 
agreement (MOA) which establishes the roles and procedures for 
transportation conformity. The MOA includes the detailed consultation 
procedures developed for that particular area. The MOA's are 
enforceable through the signature of all the transportation and air 
quality agencies, including the Federal Highway Administration, Federal 
Transit Administration and the Environmental Protection Agency.

E. How Does Transportation Conformity Work?

    The Federal or state transportation conformity rule applies to all 
NAAQS nonattainment and maintenance areas in the state. The 
Metropolitan Planning Organization (MPO), the State Department of 
Transportation (DOT) (in absence of a MPO), and U.S. Department of 
Transportation (USDOT) make conformity determinations. These agencies 
make conformity determinations on programs and plans such as 
transportation improvement programs (TIP), transportation plans, and 
projects. The MPOs calculate the projected emissions that will result 
from implementation of the transportation plans and programs and 
compare those calculated emissions to the motor vehicle emissions 
budget established in the SIP. The calculated emissions must be equal 
to or smaller than the Federally approved motor vehicle emissions 
ceiling in order for USDOT to make a positive conformity determination 
with respect to the SIP.

III. Approval of the State Transportation Conformity Rule

A. What Did the State Submit?

    The State of North Carolina chose to address the transportation 
conformity SIP requirement through the statewide rules for all portions 
of the conformity rule with the exception of 93.105, which was done 
through the development of individual nonattainment/maintenance area 
MOAs. EPA approved the North Carolina transportation conformity rules 
on December 27, 2002 (67 FR 78983). In addition, the MOA's establishing 
consultation procedures for six areas was approved in the December 27, 
2002, rulemaking that approved the state rules for transportation 
conformity. The Mecklenburg-Union Metropolitan Planning Organization 
(MUMPO) Area was not submitted for approval with the other MOA's. On 
August 1, 2003, the

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Director of the North Carolina Department of Environment and Natural 
Resources (DENR) submitted the MUMPO nonattainment/maintenance area 
consultation interagency MOA, to EPA as a revision to the SIP.

B. What Is EPA Approving Today and Why?

    EPA is approving the MUMPO interagency consultation MOA submitted 
to the EPA Region office on August 1, 2003 by the Director of the North 
Carolina DENR. EPA has evaluated this SIP revision and has determined 
that the State has met the requirements of Federal transportation 
conformity rule as described in 40 CFR part 51, subpart T and 40 CFR 
part 93, subpart A. The North Carolina DENR has satisfied the public 
participation and comprehensive interagency consultation requirement 
during development and adoption of the MOA at the local level. 
Therefore, EPA is approving the MOA as a revision to the North Carolina 
SIP.

C. How Did the State Satisfy the Interagency Consultation Process (40 
CFR 93.105)?

    EPA's rule requires the states to develop their own processes and 
procedures for interagency consultation among the Federal, state, and 
local agencies and resolution of conflicts meeting the criteria in 40 
CFR 93.105. The SIP revision must include processes and procedures to 
be followed by the MPO, state DOT, and USDOT in consulting with the 
state and local air quality agencies and EPA before making conformity 
determinations. The transportation conformity SIP revision must also 
include processes and procedures for the state and local air quality 
agencies and EPA to coordinate the development of applicable SIPs with 
MPOs, state DOTs, and USDOT.
    The State of North Carolina developed the MUMPO interagency 
consultation MOA based on the elements contained in 40 CFR 93.105. As a 
first step, the State worked with the existing transportation planning 
organization's interagency committee that included representatives from 
the State and local air quality agencies, State Department of 
Transportation, MUMPO, Federal Highway Administration-North Carolina, 
Federal Transit Administration, Transit Authority and EPA. The 
interagency committee met regularly and drafted the consultation rules 
considering elements in 40 CFR 93.105 and 23 CFR part 450, and 
integrated the local procedures and processes into the consultation 
MOA. The consultation process developed in this MOA is unique to the 
Mecklenburg-Union Area. The MOA is enforceable against the parties by 
their signed consent in the MOA. EPA has determined that the State 
adequately included all elements of 40 CFR 93.105 and that the MOA 
meets the EPA SIP requirements.

IV. Final Action

    EPA is approving the aforementioned changes to the SIP. The EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This rule will be effective November 14, 2003 
without further notice unless the Agency receives adverse comments by 
October 15, 2003.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 14, 2003 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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

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agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. EPA will submit a report 
containing this rule 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. section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 14, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. 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

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: August 28, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Part 52 of chapter I, title 40, Code of Federal Regulations, 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 II--North Carolina

0
2. Section 52.1770(e) is amended by adding a new entry at the end of 
the table for ``Mecklenburg-Union Interagency Transportation Conformity 
Memorandum of Agreement'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                State effective
          Provision                   date        EPA approval date           Federal Register citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Mecklenburg-Union Interagency          08/07/03           09/15/03   [Insert FR page citation]
 Transportation Conformity
 Memorandum of Agreement.
----------------------------------------------------------------------------------------------------------------


[FR Doc. 03-23266 Filed 9-12-03; 8:45 am]
BILLING CODE 6560-50-P