Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
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###### Environmental Protection Agency

          - 40 CFR Part 52 
          - [R06-OAR-2005-TX-0016; FRL-8000-6] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Withdrawal of direct final rule. 

# SUMMARY:

                        On September 28, 2005 (70 FR 56566), EPA published a direct final rule to approve a State Implementation Plan (SIP) revision for the State of Texas. This action removed a provision from the Texas SIP which provided public notice for concrete batch plants which were constructed under a permit                               ( print page 70737)                            by rule (PBR). The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received adverse comment by October 28, 2005, EPA would publish a timely withdrawal in the                         **Federal Register.**                         EPA subsequently received a timely adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval. EPA will address the comment in a subsequent final action based on the parallel proposal also published on September 28, 2005 (70 FR 56612). As stated in the parallel proposal, EPA will not institute a second comment period on this action.                     

# DATES:

The direct final rule published on September 28, 2005 (70 FR 56566) is withdrawn as of November 23, 2005. 

# FOR FURTHER INFORMATION CONTACT:

                        Stanley M. Spruiell, Air Permits Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212; fax number 214-665-7263; e-mail address                         *spruiell.stanley@epa.gov.*

# List of Subjects in 40 CFR Part 52

        - Environmental protection
        - Air pollution control
        - Carbon monoxide
        - Intergovernmental relations
        - Lead
        - Nitrogen dioxide
        - Ozone
        - Particulate matter
        - Sulfur oxides
        - Volatile organic compounds

Dated: November 15, 2005. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 05-23216 Filed 11-22-05; 8:45 am] 

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