Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 75797 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

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 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rules, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. 804(2). 

Parties with objections to this direct 

final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 27, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(388)(i)(E)(3) and 

(4) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(E) * * * 

(3) Rule 218, ‘‘Architectural 

Coatings,’’ amended October 14, 2010. 

(4) Rule 234, ‘‘Automotive Refinishing 

Operations,’’ adopted November 3, 1994 

and amended October 14, 2010, 

effective July 1, 2011. 

* * * * * 

[FR Doc. 2011–30787 Filed 12–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 93 

[EPA–HQ–OAR–2011–0393; FRL–9499–1] 

RIN 2060–AR03 

Transportation Conformity Rule: 

MOVES Regional Grace Period 

Extension 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received 

adverse comments, we are withdrawing 

the direct final rule extending the 

MOVES Regional Grace Period, 

published on October 13, 2011. The 

direct final rule would have extended 

the grace period to March 2013, before 

the Motor Vehicle Emission Simulator 

model (currently MOVES2010a) is 

required for regional emissions analyses 

for transportation conformity 

determinations (‘‘regional conformity 

analyses’’). 

DATES: Effective December 5, 2011, EPA 

withdraws the direct final rule 

published at 76 FR 63554, on October 

13, 2011. 

FOR FURTHER INFORMATION CONTACT: Meg 

Patulski, State Measures and 

Transportation Planning Center, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: (734) 214– 

4842; fax number: (734) 214–4052; 

email address: patulski.meg@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comments, we are 

withdrawing the direct final rule for 

extending the MOVES regional 

conformity grace period, published on 

October 13, 2011 (76 FR 63554). We 

stated in that direct final rule that if we 

received adverse comments, the direct 

final rule would not take effect and we 

would publish a timely withdrawal in 

the Federal Register. We subsequently 

received adverse comments on that 

direct final rule. We will address those 

comments in a subsequent final action, 

which will be based on the parallel 

proposed rule also published on 

October 13, 2011 (76 FR 63575). As 

stated in the direct final rule and the 

parallel proposed rule, we will not 

institute a second comment period on 

this action. 

Dated: November 29, 2011. 

Gina McCarthy, 

Assistant Administrator for the Office of Air 

and Radiation. 

Accordingly, the amendments to the 

rule published on October 13, 2011 (76 

FR 63554) are withdrawn as of 

December 5, 2011. 

[FR Doc. 2011–31130 Filed 12–2–11; 8:45 am] 

BILLING CODE 6560–50–P 


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