Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 41851 

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 

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would be withdrawn and not take effect.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] 

■ 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) * * * 


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41852 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA 

approval 

date 

Explanation 

*******

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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Regulatory guidance. 

SUMMARY: 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: 

Legal Basis 

The Secretary of Transportation has 

statutory authority to set minimum 

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 

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 


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