59090 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

1Specifically, the Las Vegas Valley CO 

nonattainment area is defined by reference to State 

hydrographic area #212. See 40 CFR 81.329. The 

Las Vegas Valley encompasses roughly 1,500 square 

miles within Clark County and includes the cities 

of Las Vegas, North Las Vegas, and Henderson. 

Roughly two million people reside in Clark County, 

mostly within Las Vegas Valley. NDEP is the state 

agency under state law that is responsible for SIP 

matters for the State of Nevada. Within Clark 

County, the Clark County Board of Commissioners, 

acting through the Department of Air Quality and 

Environmental Management (DAQEM), is 

empowered under state law to develop air quality 

plans and to regulate stationary sources within the 

county with the exception of certain types of power 

plants, which lie exclusively within the jurisdiction 

of NDEP. 

* * * * * 

[FR Doc. 2010–24000 Filed 9–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2010–0585; FRL–9204–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; State of Nevada; 

Redesignation of Las Vegas Valley to 

Attainment for the Carbon Monoxide 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State of Nevada’s request to 

redesignate to attainment the Las Vegas 

Valley nonattainment area for the 

carbon monoxide national ambient air 

quality standard. EPA is also taking 

final action to approve the carbon 

monoxide maintenance plan and motor 

vehicle emissions budgets for the area, 

as well as certain additional revisions to 

the Nevada state implementation plan 

that relate to Las Vegas Valley. These 

revisions include the suspension of a 

local wintertime cleaner burning 

gasoline rule, and the relaxation of a 

State rule governing wintertime gasoline 

in Clark County. EPA’s proposed 

approval of the redesignation request 

and maintenance plan had been made 

contingent upon receipt of a 

supplemental submittal from the State 

of Nevada containing a commitment to 

seek reinstatement of the existing vapor 

pressure limit in the State wintertime 

gasoline rule, if necessary, to implement 

the related contingency measure in the 

maintenance plan. Nevada has now 

submitted, and EPA is today approving, 

the necessary commitment as a revision 

to the Nevada state implementation 

plan. 

DATES: Effective Date: This rule is 

effective on September 27, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0585 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., 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, EPA Region IX, (775) 

833–1276, 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: 

Table of Contents 

I. Proposed Action 

II. Public Comments 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 29, 2010 (75 FR 44734), we 

proposed to approve the Nevada 

Division of Environmental Protection’s 

(NDEP’s) request to redesignate to 

attainment the Las Vegas Valley 1 carbon 

monoxide (CO) nonattainment area 

located within Clark County, Nevada, 

and related revisions to the Nevada state 

implementation plan (SIP). The specific 

SIP revision submittals that we 

proposed to approve are listed in the 

following table: 

Plan or rule Adoption date(s) State of Nevada submittal date(s) 

Carbon Monoxide Redesignation Request and Maintenance Plan, Las 

Vegas Valley Nonattainment Area, Clark County, Nevada (September 2008).

Adopted by the Clark County 

Board of Commissioners on 

September 2, 2008.

Submitted by NDEP by letter 

dated September 18, 2008. 

Clark County Air Quality Regulations, Section 54 (‘‘Cleaner Burning 

Gasoline (CBG): Wintertime Program’’) (Suspended).

Adopted by the Clark County 

Board of Commissioners on 

September 15, 2009, effective 

September 29, 2009.

Submitted by NDEP by letter 

dated March 26, 2010. 

Nevada Administrative Code (NAC) section 590.065 (amended) .......... Adopted by the Nevada Board of 

Agriculture on December 9, 

2009, effective January 28, 

2010.

Submitted by NDEP by letter 

dated March 26, 2010. 

We proposed to approve NDEP’s 

redesignation request because we found 

that the area meets all of the criteria for 

redesignation under section 

107(d)(3)(E)(i) through (v) of the Clean 

Air Act (CAA or ‘‘Act’’), as discussed in 

the following paragraphs. 

• Based on our review of the 

monitoring network and complete, 

quality-assured data for 2008–2009 up 

to the present time, we proposed to find 

that Las Vegas Valley has attained, and 

continues to attain, the CO standard and 

thus meets the criterion for 

redesignation set forth in section 

107(d)(3)(E)(i). See the July 29, 2010 

proposed rule at pages 44738–44739. 

• Based on our review of previous 

rulemakings approving various rules 

and plans affecting the Las Vegas Valley 

CO nonattainment area, we proposed to 

find that, with the sole exception of the 

CO milestone requirement, the area has 

a fully approved SIP under CAA section 

110(k) that meets all of the applicable 

requirements under CAA section 110 

and part D for the purposes of 

redesignation and thereby meets the 

criteria for redesignation under CAA 

section 107(d)(3)(E)(ii) and (v). See the 

July 29, 2010 proposed rule at pages 

44739–44743. With respect to the CO 

milestone requirement under CAA 

section 187(d), we proposed to adapt to 

CO nonattainment areas the provisions 

of our Clean Data Policy, which was 

initially established for ozone (see 

discussion at 75 FR 44742). Under the 

Clean Data Policy, certain CAA Part D 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59091 

2The Las Vegas Valley CO Maintenance Plan 

consists of the main body of the plan and three 

appendices: Appendix A (‘‘Wintertime Gasoline 

Fuel Specification Study’’), Appendix B (Technical 

Support Document, Carbon Monoxide Modeling for 

the Clark County Maintenance Plan’’), Appendix C 

(‘‘Documentation of the Public Review Process’’). 

3We did not include subsection (7) of amended 

NAC 590.065 in our proposed approval because the 

limits in subsection (7) of the amended rule are 

unrelated to the vapor pressure requirement and 

associated CO emissions reductions, and are 

severable from the rest of the rule. 

4 In relevant part, CAA section 175A(d) states: 

‘‘Each plan revision submitted under this section 

shall contain contingency provisions as the 

Administrator deems necessary to assure that the 

State will promptly correct any violation of the 

standard which occurs after the redesignation of the 

area as an attainment area. Such provisions shall 

include a requirement that the State will implement 

all measures with respect to the control of the air 

pollutant concerned which were contained in the 

state implementation plan for the area before 

redesignation of the area as an attainment area.’’ 

requirements—including, among others, 

the CO Milestone requirement—no 

longer apply because the area has 

already attained the NAAQS. 

• We proposed to find that the 

improvement in ambient CO 

concentrations in Las Vegas Valley is 

due to permanent and enforceable 

reductions in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollution 

control regulations and other permanent 

and enforceable regulations and that the 

area thereby meets the criterion for 

redesignation under CAA section 

107(d)(3)(E)(iii). See the July 29, 2010 

proposed rule at pages 44743–44744. 

The specific measures that have 

improved ambient CO conditions in Las 

Vegas Valley include the Federal Motor 

Vehicle Control Program; the State’s 

vehicle I/M program; State regulations 

establishing a low Reid vapor pressure 

(RVP) specification for wintertime 

gasoline in Clark County [Nevada 

Administrative Code (NAC) section 

590.065 (herein referred to as the ‘‘Low 

RVP Rule’’)]; Clark County’s wintertime 

gasoline requirements, including Clark 

County Air Quality Regulations (AQR) 

Section 53 (‘‘Oxygenated Gasoline 

Program’’), and Section 54 (‘‘Cleaner 

Burning Gasoline: Wintertime Program’’) 

(herein, referred to as the ‘‘CBG Rule’’); 

and to a lesser extent, the State’s 

Alternative Fuels for Government Fleets 

Program and the Regional 

Transportation Commission of Southern 

Nevada’s (RTC’s) voluntary 

transportation control measure/ 

transportation demand management 

(TCM/TDM) program. All of these 

measures are Federal measures or are 

State and local measures that have been 

approved into the SIP and are thus 

federally enforceable. 

• We proposed to approve NDEP’s 

maintenance plan submittal dated 

September 18, 2008 titled Carbon 

Monoxide Redesignation Request and 

Maintenance Plan, Las Vegas Valley 

Nonattainment Area, Clark County, 

Nevada (September 2008) (‘‘Las Vegas 

Valley CO Maintenance Plan’’ or 

‘‘Maintenance Plan’’) 2 as a revision to 

the Nevada SIP because we found the 

plan to satisfy the applicable CAA 

requirements, including CAA section 

175A. See the July 29, 2010 proposed 

rule at pages 44744–44749. On the basis 

of our proposed approval of the 

Maintenance Plan, we proposed to find 

that the area meets the criterion for 

redesignation under CAA section 

107(d)(3)(E)(iv). In connection with the 

Maintenance Plan, we proposed to 

approve the motor vehicle emissions 

budgets (MVEBs) for years 2008, 2010, 

and 2020 for the purposes of 

transportation conformity based on our 

conclusion that they meet the criteria 

for such budgets in 40 CFR 93.118(e). 

In addition to proposing action on the 

State’s 2008 redesignation request and 

submittal of the Las Vegas Valley 

Maintenance Plan, in our July 29, 2010 

proposed rule, we also proposed action 

on a SIP revision from NDEP submitted 

on March 26, 2010 of changes related to 

rules establishing wintertime gasoline 

requirements in Las Vegas Valley. See 

the July 29, 2010 proposed rule at pages 

44749–44752. These are the County’s 

CBG Rule, which establishes certain 

wintertime gasoline specifications 

related to sulfur and aromatic 

hydrocarbons (‘‘aromatics’’), and the 

State’s Low RVP Rule, which establishes 

a low Reid vapor pressure (RVP) 

specification for gasoline sold during 

the late fall and winter months in Clark 

County. In our July 29, 2010 proposed 

rule, we proposed to approve the 

suspension of Clark County’s CBG Rule 

and the relaxation of the State’s Low 

RVP Rule because we concluded, in 

accordance with CAA section 110(l), 

that doing so would not interfere with 

attainment or maintenance of any of the 

NAAQS or any applicable requirement 

of the Clean Air Act.3

The Las Vegas Valley CO 

Maintenance Plan includes 

reinstatement of the CBG Rule and the 

Low RVP Rule as contingency measures, 

as required under CAA section 

175A(d).4 However, while Clark County, 

through adoption of the maintenance 

plan, has committed to reinstatement of 

the CBG Rule in accordance with the 

contingency provisions of the plan, the 

Nevada State Department of Agriculture, 

which is responsible for the Low RVP 

Rule, had not, as of the date of our July 

29, 2010 proposed rule, made a similar 

commitment with respect to the Low 

RVP Rule. Thus, we made our approval 

of the Maintenance Plan and 

redesignation request contingent upon 

the submittal, and EPA approval, of 

such a commitment as a revision to the 

Nevada SIP. 

In footnote 4 of our July 29, 2010 

proposed rule, we noted that the Nevada 

Department of Agriculture had initiated 

a 30-day comment period to solicit 

comment (or request a public hearing) 

on the draft commitment regarding 

implementation of the contingency 

measure in the Maintenance Plan 

related to reinstatement of the Low RVP 

Rule and that, based on our review of 

the draft commitment, we expected to 

approve it if the commitment ultimately 

submitted to us was not significantly 

modified relative to the draft version. 

On August 30, 2010, NDEP submitted 

the Nevada Department of Agriculture’s 

commitment (to seek reinstatement of 

the Low RVP Rule) as a revision to the 

Nevada SIP. NDEP’s August 30, 2010 

SIP submittal also contains 

documentation of the public process 

used by the Nevada Department of 

Agriculture in adopting the 

commitment. We have reviewed the 

August 30, 2010 submittal and find that 

the State has met the procedural 

requirements for adopting SIP revisions, 

and as anticipated in our July 29, 2010 

proposed rule, the commitment itself 

mirrors the public draft version, which 

we had found acceptable. Thus, we are 

taking final action today to approve the 

Department’s commitment as a revision 

to the Nevada SIP. 

Please see our July 29, 2010 proposed 

rule for a detailed discussion of the 

regulatory background for today’s action 

and for a more complete discussion of 

the rationale for our actions in 

connection with the Las Vegas Valley 

CO Maintenance Plan and redesignation 

request. 

II. Public Comments 

EPA’s July 29, 2010 proposed rule 

provided a 30-day public comment 

period, which closed on August 30, 

2010. We received only one comment 

during the comment period. The 

comment notes a typographical error in 

the pre-publication version of the 

proposed rule. Specifically, the date on 

which we posted the announcement of 

the Maintenance Plan and related motor 

vehicle emissions budgets for public 

comment on EPA’s adequacy Web page 

was September 30, 2008, not September 

30, 3008, as shown in the prepublication version. This typographical 

error was fixed prior to publication and 

did not appear in the proposed rule as 

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59092 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

5The current approved CO motor vehicle 

emissions budgets from the 2005 CO (Attainment) 

Plan are: 690, 768, and 817 tons per winter weekday 

for 2010, 2015, and 2020, respectively. See 71 FR 

44587 (August 7, 2006). The Maintenance Plan does 

not explicitly indicate that the budgets set forth 

therein are intended to replace the budgets from the 

2005 CO Plan. With our approval today of the 

MVEBs in the Maintenance Plan, two sets of CO 

budgets now apply for the area (i.e., those from the 

2005 CO Plan, and those from the Maintenance 

Plan) because they relate to different CAA 

requirements for the same years. As a practical 

matter, however, the Maintenance Plan budgets, 

being lower than the 2005 CO Plan budgets, 

represent the constraining budgets for determining 

conformity. 

6For the purposes of the Nevada SIP, our final 

approval of amended NAC section 590.065 will 

supersede the version of NAC section 590.065 

approved by EPA on September 21, 2004 (69 FR 

56351, at 56355). See 40 CFR 

52.1470(c)(49)(i)(A)(2). 

published in the Federal Register on 

July 29, 2010. 

III. EPA Action 

For the reasons given in our proposed 

rule and summarized above, EPA is 

taking final action under CAA section 

110(k)(3) to approve NDEP’s submittal 

dated September 18, 2008 of the Las 

Vegas Valley CO Maintenance Plan as a 

revision to the Nevada SIP because we 

find that it satisfies the requirements of 

section 175A of the CAA to include a 

reasonably accurate and comprehensive 

attainment inventory, an adequate 

maintenance demonstration, 

contingency provisions, and 

commitments to continue operation of 

an acceptable ambient monitoring 

network to verify continued attainment. 

In connection with the contingency 

provisions of the Maintenance Plan, 

EPA is approving NDEP’s SIP revision 

dated August 30, 2010 containing a 

commitment from the Nevada 

Department of Agriculture to seek 

reinstatement by the Nevada Board of 

Agriculture of the Low RVP Rule if 

called upon to do so through the 

contingency provisions of the 

Maintenance Plan to address future CO 

violations in Las Vegas Valley. 

Final approval of the Las Vegas Valley 

CO Maintenance Plan makes federally 

enforceable the commitments, such as 

the commitment to continue operation 

of an adequate CO monitoring network, 

and the contingency provisions, 

contained therein. In addition, we are 

approving for transportation conformity 

purposes the motor vehicle emissions 

budgets (MVEBs) in the Las Vegas 

Valley CO Maintenance Plan for years 

2008, 2010, and 2020 because we find 

they meet the criteria found in 40 CFR 

93.118(e). The budgets for 2008, 2010 

and 2020 are 658 tons per day, 686 tons 

per day, and 704 tons per day, 

respectively (based on typical weekday 

during the winter). As a result, RTC 

(which is the area’s Metropolitan 

Planning Organization) and the U.S. 

Department of Transportation must use 

the CO MVEBs from the Maintenance 

Plan for future transportation 

conformity determinations.5

Based in part on our approval of the 

Las Vegas Valley CO Maintenance Plan, 

we are also approving NDEP’s 

September 18, 2008 request to 

redesignate Las Vegas Valley to 

attainment for the CO NAAQS. In doing 

so, we find that the area has met all of 

the criteria for redesignation under CAA 

section 107(d)(3)(E), i.e., the area has 

attained the CO standard; EPA has fully 

approved the Las Vegas Valley SIP for 

all requirements under section 110 and 

part D of the CAA that are applicable for 

purposes of redesignation (or that no 

longer apply because the area has 

attained the CO standard); the 

improvement in CO conditions in Las 

Vegas Valley is due to permanent and 

enforceable reductions; and as described 

above, the State has submitted a 

maintenance plan for the area that meets 

the requirements of section 175A. 

We are also approving, under section 

110(k)(3) of the CAA, NDEP’s March 26, 

2010 submittal of the suspension of the 

County’s CBG Rule and amendments to 

the State’s Low RVP Rule (in NAC 

section 590.065), including the 

relaxation in the State’s wintertime 

gasoline RVP requirement for Clark 

County from 9.0 to 13.5 psi, because we 

find that doing so would not interfere 

with attainment or maintenance of any 

of the NAAQS or any applicable 

requirement of the Clean Air Act for the 

purposes of CAA section 110(l). We are 

not including subsection (7) of amended 

NAC section 590.065 in our approval 

because the limits in subsection (7) of 

the amended rule are unrelated to the 

vapor pressure requirement and 

associated CO emissions reductions, 

and are severable from the rest of the 

rule.6 Lastly, because we have 

synchronized our final actions on the 

Maintenance Plan and the (suspended) 

CBG Rule (and thereby avoided a gap in 

time when the CBG Rule would not be 

either an active or contingency measure 

in the SIP), we are not removing CBG 

from the boutique fuels list. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. In addition, a 

delayed effective date is unnecessary 

because in today’s action we are 

approving changes to certain fuel rules 

that relieve gasoline suppliers from the 

requirement to meet certain 

specifications for wintertime gasoline in 

Clark County. The immediate effective 

date for this action is authorized under 

both 5 U.S.C. 553(d)(1), which after 

publication it provides that rulemaking 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction,’’ and section 

553(d)(3), which allows an effective date 

less than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ The purpose of the 30-day 

waiting period prescribed in section 

553(d) is to give affected parties a 

reasonable time to adjust their behavior 

and prepare before the final rule takes 

effect. Today’s rule, however, does not 

create any new regulatory requirements 

such that affected parties would need 

time to prepare before the rule takes 

effect. Rather, today’s rule relieves the 

State of Nevada, Clark County, and 

gasoline suppliers of various 

requirements for the Las Vegas Valley 

area. For these reasons, EPA finds good 

cause under 5 U.S.C. 553(d)(3) for this 

action to become effective on the date of 

publication of this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, these 

actions merely approve a State plan and 

redesignation request as meeting 

Federal requirements and do not impose 

additional requirements beyond those 

imposed by State law. For these reasons, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59093 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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. section 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 rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule 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. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 26, 

2010. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, Carbon monoxide, 

National parks, Wilderness areas. 

Dated: September 16, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

■ 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 DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraphs (c)(73), (c)(74), and 

(c)(75) to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(73) The following plan revision was 

submitted on September 18, 2008, by 

the Governor’s designee. 

(i) [Reserved] 

(ii) Additional material. 

(A) Resolution of the Clark County 

Board of Commissioners Adopting the 

Clark County Carbon Monoxide 

Redesignation Request and Maintenance 

Plan, adopted by the Clark County 

Board of Commissioners on September 

2, 2008. 

(B) Carbon Monoxide Redesignation 

Request and Maintenance Plan, Las 

Vegas Valley Nonattainment Area, Clark 

County, Nevada (September 2008), 

adopted by the Clark County Board of 

Commissioners on September 2, 2008 

(excluding the appendices). 

(74) The following plan revision was 

submitted on March 26, 2010 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Clark County Department of Air 

Quality and Environmental 

Management. 

(1) Clark County Board of County 

Commissioners, Ordinance No. 3809, 

‘‘An Ordinance to Suspend the 

Applicability and Enforceability of All 

Provisions of Clark County Air Quality 

Regulation Section 54, the Cleaner 

Burning Gasoline Wintertime Program; 

and Provide for Other Matters Properly 

Relating Thereto,’’ adopted September 

15, 2009, effective (for state purposes) 

on September 29, 2009. 

(B) Nevada Department of 

Agriculture. 

(1) Nevada Board of Agriculture, 

Adopted Regulation of the State Board 

of Agriculture LCB File No. R111–08, 

including an amended version of 

Nevada Administrative Code (NAC) 

section 590.065, effective (for state 

purposes) on January 28, 2010, 

(excluding newly designated subsection 

(7) of NAC section 590.065). 

(75) The following plan revision was 

submitted on August 30, 2010, by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional material. 

(A) Letter from Anthony Lesperance, 

Director, Nevada Department of Nevada, 

to Lewis Wallenmeyer, Director, Clark 

County Department of Air Quality and 

Environmental Management, dated June 

22, 2010, setting forth the Nevada 

Department of Agriculture’s 

commitment to seek reinstatement of 

the Low RVP wintertime gasoline 

requirement in Clark County if 

necessary under the Las Vegas Valley 

Carbon Monoxide Maintenance Plan to 

address future carbon monoxide 

violations. 

* * * * * 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—[AMENDED] 

■ 4. Section 81.329 is amended in the 

table for ‘‘Nevada—Carbon Monoxide’’ 

by revising the entry for ‘‘Las Vegas 

Area’’ to read as follows: 

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59094 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

§ 81.329 Nevada. 

* * * * * 

NEVADA—CARBON MONOXIDE

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

Las Vegas Area: September 27, 2010 ..... Attainment.

Clark County (part).

Las Vegas Valley.

Hydrographic Area 212.

*******

1This date is November 15, 1990, unless otherwise noted. 

[FR Doc. 2010–24135 Filed 9–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–10, 301–11, and 301– 

70 

[FTR Amendment 2010–04; FTR Case 2010– 

305; Docket 2010–0017; Sequence 1] 

RIN 3090–AJ07 

Federal Travel Regulation; 

Miscellaneous Amendments 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Federal Travel Regulation (FTR) by 

updating statutory references in a 

number of sections, by providing 

additional guidance for determining 

distance measurements when traveling 

by privately owned aircraft, by 

clarifying provisions regarding the use 

of personally owned vehicles (POV) for 

official travel, by updating the addresses 

to which per diem review requests 

should be sent, and by changing the 

method by which agencies must report 

the use of Government aircraft to carry 

senior Federal officials and non-Federal 

travelers. 

DATES: Effective Date: This final rule is 

effective September 27, 2010. 

Applicability Date: This final rule is 

applicable for official travel performed 

on or after October 27, 2010. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (MVCB), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Cy Greenidge, Program 

Analyst, Office of Governmentwide 

Policy, at (202) 219–2349. Please cite 

FTR Amendment 2010–XX; FTR case 

2010–305. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This amendment updates statutory 

references concerning when travel on 

Government aircraft is not reported; 

adds additional guidance for 

determining distance measurements 

when traveling on official business by 

privately owned aircraft; amends the 

heading regarding POV mileage 

reimbursement between an employee’s 

residence, office and/or common carrier; 

updates the addresses for submitting per 

diem review requests; requires agencies 

to use an electronic reporting tool to 

report travel on Government aircraft by 

senior Federal officials and non-Federal 

travelers; and updates statutory 

references in certain sections. 

Accordingly, this final rule amends 

the FTR by: 

1. Sections 301–10.261, 301–10.264, 

and 301–10.265—Updating statutory 

references. 

2. Section 301–10.302—Revising the 

information to determine distance 

measurements when traveling by 

privately owned aircraft in conjunction 

with official travel. 

3. Section 301–10.306—Revising the 

question portion to clarify what an 

employee will be reimbursed if 

authorized to use a POV between the 

employee’s residence, office and/or 

common carrier terminal. 

4. Section 301–11.26—Updating the 

chart with current address information. 

5. Sections 301–70.801, 301–70.803, 

301–70.804, and 301–70.902—Updating 

statutory references. 

6. Section 301–70.906—Updating the 

requirement of agencies to report the 

use of Government aircraft to carry 

senior Federal officials and non-Federal 

travelers by using an electronic 

reporting tool and updating a statutory 

reference. 

B. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

final rule is not a major rule under 5 

U.S.C. 804. 

C. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. This final rule is also 

exempt from the Regulatory Flexibility 

Act per 5 U.S.C. 553(a)(2) because it 

applies to agency management or 

personnel. However, this final rule is 

being published to provide transparency 

in the promulgation of Federal policies. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget 

(OMB) under 44 U.S.C. 3501, et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is also exempt from 

Congressional review prescribed under 

5 U.S.C. 801 since it relates solely to 

agency management and personnel. 

List of Subjects in 41 CFR Parts 301–10, 

301–11, and 301–70 

Government employees, Travel, 

Transportation and Per Diem expenses, 

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