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Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program Requirements 

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[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Rules and Regulations]
[Page 71940-71941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-10]

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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: brachtl.megan@epa.gov.

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.

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

 
 

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