Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Rules and Regulations 21807 

§ 300.4 Enrolled agent special enrollment 

examination fee. 

* * * * * 

■ Par. 4. Section 300.5 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.5 Enrollment of enrolled agent fee. 

* * * * * 

(b) Fee. The fee for initially enrolling 

as an enrolled agent with the IRS is $30. 

* * * * * 

(d) Effective/applicability date. This 

section is applicable beginning April 19, 

2011. 

■ Par. 5. Section 300.6 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.6 Renewal of enrollment of enrolled 

agent fee. 

* * * * * 

(b) Fee. The fee for renewal of 

enrollment as an enrolled agent with the 

IRS is $30. 

* * * * * 

(d) Effective/applicability date. This 

section is applicable beginning April 19, 

2011. 

§ 300.9 [Redesignated as § 300.12] 

■ Par. 6. Redesignate § 300.9 as 

§ 300.12. 

■ Par. 7. Add new § 300.9 to read as 

follows: 

§ 300.9 Enrolled retirement plan agent 

special enrollment examination fee. 

(a) Applicability. This section applies 

to the special enrollment examination to 

become an enrolled retirement plan 

agent pursuant to 31 CFR 10.4(b). 

(b) Fee. The fee for taking the enrolled 

retirement plan agent special enrollment 

examination is $11 per part, which is 

the cost to the government for 

overseeing the examination and does 

not include any fees charged by the 

administrator of the examination. 

(c) Person liable for the fee. The 

person liable for the enrolled retirement 

plan agent special enrollment 

examination fee is the applicant taking 

the examination. 

(d) Effective/applicability date. This 

section is applicable beginning April 19, 

2011. 

■ Par. 8. Section 300.10 is added to read 

as follows: 

§ 300.10 Enrollment of enrolled retirement 

plan agent fee. 

(a) Applicability. This section applies 

to the initial enrollment of enrolled 

retirement plan agents with the IRS 

pursuant to 31 CFR 10.5(b). 

(b) Fee. The fee for initially enrolling 

as an enrolled retirement plan agent 

with the IRS is $30. 

(c) Person liable for the fee. The 

person liable for the enrollment fee is 

the applicant filing for enrollment as an 

enrolled retirement plan agent with the 

IRS. 

(d) Effective/applicability date. This 

section is applicable beginning April 19, 

2011. 

■ Par. 9. Section 300.11 is added to read 

as follows: 

§ 300.11 Renewal of enrollment of enrolled 

retirement plan agent fee. 

(a) Applicability. This section applies 

to the renewal of enrollment of enrolled 

retirement plan agents with the IRS 

pursuant to 31 CFR 10.5(b). 

(b) Fee. The fee for renewal of 

enrollment as an enrolled retirement 

plan agent with the IRS is $30. 

(c) Person liable for the fee. The 

person liable for the renewal of 

enrollment fee is the person renewing 

enrollment as an enrolled retirement 

plan agent with the IRS. 

(d) Effective/applicability date. This 

section is applicable beginning April 19, 

2011. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: April 13, 2011. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2011–9469 Filed 4–14–11; 4:15 pm] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0995; FRL–9296–9] 

Approval and Promulgation of 

Implementation Plans; State of 

Nevada; PM–10; Determinations 

Regarding Attainment for the Truckee 

Meadows Nonattainment Area and 

Applicability of Certain Clean Air Act 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing two 

determinations regarding attainment for 

the Truckee Meadows PM–10 

nonattainment area in Washoe County, 

Nevada (‘‘Truckee Meadows area’’). 

First, EPA is finalizing its determination 

that, based on complete and qualityassured air monitoring data for 1999– 

2001, the Truckee Meadows area did not 

attain the 24-hour National Ambient Air 

Quality Standard (‘‘NAAQS’’) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (‘‘PM–10’’) by the 

applicable attainment date of December 

31, 2001. Second, EPA is finalizing its 

determination that the Truckee 

Meadows area is currently attaining the 

PM–10 NAAQS, based upon complete, 

quality-assured PM–10 air quality 

monitoring data during the years 2007– 

2009. Preliminary data through June 

2010 contained in EPA’s Air Quality 

System (‘‘AQS’’) are also consistent with 

continued attainment of the 24-hour 

PM–10 NAAQS. Because the Truckee 

Meadows area is currently attaining the 

PM–10 NAAQS, EPA is also finalizing 

its determination that the obligation to 

make submissions to meet certain Clean 

Air Act (‘‘CAA’’ or ‘‘the Act’’) 

requirements related to attainment is 

not applicable for as long as the area 

continues to attain the PM–10 NAAQS. 

DATES: This final rule is effective on 

May 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under EPA–R09– 

OAR–2010–0995. Generally, documents 

in the docket for this action are 

available electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports) and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Karina O’Connor, Air Planning Office 

(AIR–2), U.S. EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901, telephone (775) 

434–8176; fax (415) 947–3579; e-mail 

address oconnor.karina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. This 

supplementary information is organized 

as follows: 

I. Summary of the Proposed Actions 

On February 28, 2011, EPA proposed 

to determine, under sections 179(c)(1) 

and 188(b)(2) of the Act, that the 

Truckee Meadows area failed to attain 

the 24-hour PM–10 NAAQS by the 

applicable attainment date of December 

31, 2001 (76 FR 10817). In that same 

action, EPA also proposed to determine 


jdjones on DSK8KYBLC1PROD with RULES
21808 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Rules and Regulations 

that the Truckee Meadows area is 

currently attaining the PM–10 NAAQS. 

These two determinations regarding 

attainment were based upon complete 

and quality-assured data for the 1999– 

2001 and 2007–2009 periods gathered at 

established state and local air 

monitoring stations (‘‘SLAMS’’) in the 

nonattainment area and entered into the 

EPA AQS database. In addition, EPA 

found that preliminary data showed no 

exceedances of the 24-hour PM–10 

NAAQS in the Truckee Meadows area 

during 2010. Id. 

In conjunction with and based upon 

our proposed determination that the 

Truckee Meadows area is currently 

attaining the PM–10 NAAQS, we 

proposed under EPA’s Clean Data Policy 

to determine that the obligation to 

submit certain CAA requirements is not 

applicable for as long as the Truckee 

Meadows area continues to attain the 

PM–10 NAAQS. Specifically, we 

proposed that the State’s obligation to 

submit the following CAA requirements 

would be suspended if EPA finalized its 

rulemaking: The part D, subpart 4 

obligations to provide an attainment 

demonstration pursuant to section 

189(a)(1)(B), the reasonably available 

control measure (‘‘RACM’’) provisions of 

189(a)(1)(C), the reasonable further 

progress (‘‘RFP’’) provisions established 

by section 189(c), the requirement for 

189(d) plans, the attainment 

demonstration, RACM, RFP and 

contingency measure provisions of part 

D, subpart 1 contained in section 172 of 

the Act, and the requirement for 

additional plan revisions in section 

179(d) of the Act. 

For a more detailed discussion of our 

proposed actions, including background 

topics such as development of the PM– 

10 NAAQS, the designation, 

classification and air quality planning 

history for the Truckee Meadows area, 

our Clean Data Policy, and our general 

requirements for making attainment 

determinations, please refer to our 

proposed rule. 

II. EPA’s Response to Comments 

Our February 28, 2011 proposed rule 

provided for a 30-day comment period. 

We did not receive any public 

comments in response to the proposed 

rule. 

III. Final Actions 

Pursuant to CAA sections 188(b)(2) 

and 179(c)(1) and based on complete, 

quality-assured data for the 1999–2001 

period meeting the requirements of 40 

CFR part 50, appendix K, we have 

determined that the Truckee Meadows 

nonattainment area failed to attain the 

24-hour PM–10 NAAQS by the 

applicable attainment date of December 

31, 2001. Failure by a ‘‘serious’’ 

nonattainment area such as Truckee 

Meadows to attain the PM–10 NAAQS 

by the applicable attainment date 

triggers a requirement for the State to 

submit additional plan revisions 

providing for attainment under CAA 

sections 189(d) and 179(d). 

Separately and independently of the 

determination above, we have also 

determined, based on the most recent 

three years of complete, quality-assured 

data meeting the requirements of 40 

CFR part 50, appendix K, that the 

Truckee Meadows area is currently 

attaining the 24-hour PM–10 NAAQS. 

Preliminary data for 2010 available in 

the AQS database are also consistent 

with continued attainment of the 24- 

hour PM–10 NAAQS. In conjunction 

with and based upon our determination 

that Truckee Meadows is currently 

attaining the standard, EPA has 

determined that the obligation to submit 

the following CAA requirements is not 

applicable for so long as the area 

continues to attain the PM–10 standard: 

The part D, subpart 4 obligations to 

provide an attainment demonstration 

pursuant to section 189(a)(1)(B), the 

RACM provisions of section 

189(a)(1)(C), the RFP provisions of 

section 189(c), the requirement for 

189(d) plans, the attainment 

demonstration, RACM, RFP and 

contingency measure provisions of part 

D, subpart 1 contained in section 172 of 

the Act, and the requirement for 

additional plan revisions in section 

179(d) of the Act. 

This final action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3) because we have 

neither approved a maintenance plan as 

required under section 175A of the CAA 

nor determined that the area has met the 

other CAA requirements for 

redesignation. The classification and 

designation status in 40 CFR part 81 

remain serious nonattainment for this 

area until such time as EPA determines 

that Nevada meets the CAA 

requirements for redesignation of the 

Truckee Meadows area to attainment. 

Subsequently, if we determine after 

notice and comment rulemaking in the 

Federal Register that the Truckee 

Meadows area has violated the 24-hour 

PM–10 standard (prior to a 

redesignation to attainment), these 

requirements would once again become 

applicable. 

IV. Statutory and Executive Order 

Reviews 

This final action makes two 

determinations of attainment based on 

air quality, results in the suspension of 

certain Federal requirements, and does 

not impose additional requirements 

beyond those imposed by state law. For 

these reasons, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• 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 CAA 

obligations discussed herein do not 

apply to Indian tribes and thus will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 9, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–9295 Filed 4–18–11; 8:45 am] 

BILLING CODE 6560–50–P 


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