[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Rules and Regulations]
[Pages 71940-71941]
From the Federal Register Online via the Government Publishing 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: [email protected].

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