[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Rules and Regulations]
[Page 60443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7985-2]
RIN 2060-AN13


Protection of Stratospheric Ozone: Process for Exempting Critical 
Uses of Methyl Bromide for the 2005 Supplemental Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received adverse comments, we are withdrawing the 
direct final rule on the supplemental authorization of methyl bromide 
for critical uses in 2005, published in the Federal Register on August 
30, 2005 (70 FR 51270). We stated in the direct final rule that if we 
received adverse comment by September 29, 2005, we would publish a 
timely withdrawal in the Federal Register. We received adverse comment 
on the direct final rule. We will address those comments in a 
subsequent final action based on the parallel proposal also published 
on August 30, 2005 (70 FR 51317). As stated in the parallel proposal, 
we will not institute a second comment period on this action.

DATES: As of October 18, 2005, EPA withdraws the direct final rule 
published at 70 FR 51270, on August 30, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR 2004-0506. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the Air Docket, EPA/DC, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC 20460. This Docket Facility 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: For further information about this 
action, contact Marta Montoro by telephone at (202) 343-9321, or by e-
mail at <a href="/cdn-cgi/l/email-protection#45282027376b2429292a2624312c2a2b052035246b222a33"><span class="__cf_email__" data-cfemail="90fdf5f2e2bef1fcfcfff3f1e4f9fffed0f5e0f1bef7ffe6">[email protected]</span></a>, or by mail at Marta Montoro, U.S. 
Environmental Protection Agency, Stratospheric Protection Division, 
(6205J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Overnight 
or courier deliveries should be sent to 1310 L St., NW., Washington, DC 
20005, Attn: Marta Montoro. You may also visit the Ozone Depletion Web 
site of EPA's Stratospheric Protection Division at http://www.epa.gov/ozone/index.html for further information about EPA's Stratospheric 
Ozone Protection regulations, the science of ozone layer depletion, and 
other topics.

SUPPLEMENTARY INFORMATION: On August 30, 2005, we published a direct 
final rule (70 FR 51270) and parallel proposal (70 FR 51317) 
supplementing the critical stock allowances (CSAs) previously allocated 
for 2005, as published in the Federal Register on December 23, 2004 (69 
FR 76982), and amending the list of approved critical uses. EPA 
exempted methyl bromide for critical uses beyond the phaseout under the 
authority of the Clean Air Act and in accordance with the Montreal 
Protocol on Substances that Deplete the Ozone Layer. The preamble to 
the direct final rule stated that if we received adverse comment by 
September 29, 2005, we would publish a timely notice of withdrawal in 
the Federal Register. EPA received adverse comment on the direct final 
rule. Accordingly, we are withdrawing the direct final rule as of 
October 18, 2005. EPA will take final action on the parallel proposal 
after considering the comments received. As stated in the parallel 
proposal, EPA will not institute a second comment period on this 
action.

List of Subjects in 40 CFR Part 82

    Environmental protection, Chemicals, Methyl Bromide, Ozone, 
Reporting and recordkeeping requirements, Treaties.

    Dated: October 11, 2005.
William L. Wehrum,
Acting Assistant Administrator for the Office of Air and Radiation.
[FR Doc. 05-20813 Filed 10-17-05; 8:45 am]
BILLING CODE 6560-50-P


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