72964 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R09–OAR–2010–0718; FRL–9233–1] 

Determinations of Attainment by the 

Applicable Attainment Date for the 

Hayden, Nogales, Paul Spur/Douglas 

PM10 Nonattainment Areas, Arizona; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the November 2, 2010 (75 FR 67220), 

direct final rule determining that the 

Hayden, Nogales, and Paul Spur/ 

Douglas areas in Arizona had attained 

the national ambient air quality 

standard (NAAQS) for particulate matter 

with an aerodynamic diameter of less 

than or equal to ten microns by the 

applicable attainment date. On the basis 

of this determination, EPA concluded 

that these three ‘‘moderate’’ 

nonattainment areas were not subject to 

reclassification. In the direct final rule, 

EPA stated that if adverse comments 

were submitted by December 2, 2010, 

the rule would be withdrawn and not 

take effect. On November 3, 2010, EPA 

received a comment. EPA believes this 

comment is adverse and, therefore, EPA 

is withdrawing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on 

November 2, 2010 (75 FR 67303). EPA 

will not institute a second comment 

period on this action. 

DATES: The direct final rule published at 

75 FR 67220 on November 2, 2010, is 

withdrawn as of November 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office, Air 

Division (AIR–2), Environmental 

Protection Agency, Region 9, 75 

Hawthorne Street, San Francisco, CA 

94105, (415) 947–4192, 

tax.wienke@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, National Parks, Particulate 

matter, Wilderness Areas. 

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

Dated: November 19, 2010. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2010–29937 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0642; FRL–9231–8] 

Disapproval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Addition of Incentive for Regulatory 

Flexibility for Its Environmental 

Stewardship Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On July 6, 2007, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request to EPA to amend its State 

Implementation Plan (SIP) to add 

incentives for regulatory flexibility for 

participants in its Environmental 

Stewardship Program (ESP) and 

Comprehensive Local Environmental 

Action Network (CLEAN) Community 

Challenge Program. Indiana requested 

that EPA approve the following for ESP 

and CLEAN members: The 

incorporation by reference of certain 

incentives under the National 

Environmental Performance Track 

(NEPT) Program, monthly averaging of 

volatile organic compound (VOC) 

coating limits, and the processing of 

pollution prevention projects as minor 

permit revisions. EPA proposed to 

disapprove these three incentives on 

August 19, 2010, and received no 

comments. 

DATES: This final rule is effective on 

December 29, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Nos. EPA–R05–OAR–2007–0642. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886– 

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What public comments were received on 

the proposed approval and what is EPA’s 

response? 

II. What action is EPA taking today and what 

is the reason for this action? 

III. Statutory and Executive Order Reviews 

I. What public comments were received 

on the proposed approval and what is 

EPA’s response? 

EPA’s August 19, 2010, proposed 

action at 75 FR 51188 provided a 30-day 

public comment period. We did not 

receive any comments on the proposed 

action. 

II. What action is EPA taking today and 

what is the reason for this action? 

EPA is disapproving IDEM’s request 

for an amendment to the Indiana SIP for 

incentives for regulatory flexibility for 

its ESP and CLEAN Community 

Challenge Program. EPA is disapproving 

the incorporation by reference of 

Federal incentives for NEPT members 

because EPA has discontinued its NEPT 

program. EPA is disapproving monthly 

averaging of VOC coating limits because 

this would constitute a relaxation that 

could exacerbate high ozone levels and 

contribute to violations of the ozone 

standard. EPA is disapproving the third 

incentive, which affects public notice 

requirements for pollution prevention 

projects, because it relaxes the existing 

SIP-approved public notice 

requirements and is inconsistent with 

EPA minor new source rule 

requirements. 

III. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and, 

therefore, is not subject to review by the 

Office of Management and Budget. 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72965 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves State law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by State law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under State law 

and does not impose any additional 

enforceable duty beyond that required 

by State law, it 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). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have Tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act (CAA). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

State rule implementing a Federal 

Standard. 

National Technology Transfer 

Advancement Act 

In reviewing State submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a State submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

submission, to use VCS in place of a 

State submission that otherwise satisfies 

the provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 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. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 28, 2011. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: November 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 40 CFR part 52 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 P—Indiana 

■ 2. Section 52.781 is amended by 

adding paragraph (g) to read as follows: 

§ 52.781 Rules and regulations. 

* * * * * 

(g) Disapproval. EPA is disapproving 

326 IAC 25–2–1, 326 IAC 25–2–3 and 

326 IAC 25–2–4 as revisions to the 

Indiana SIP. 

[FR Doc. 2010–29817 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 300–3, 301–10, 301–12, 

301–30, 301–70, Chapter 301, Parts 

302–1, 302–2, 302–3, 302–7, 302–11, 

and 303–70 

[FTR Amendment 2010–07; FTR Case 2010– 

307; Docket 2010–0020, Sequence 1] 

RIN 3090–AJ09 

Federal Travel Regulation; Removal of 

Privately Owned Vehicle Rates; 

Privately Owned Automobile Mileage 

Reimbursement When Government 

Owned Automobiles Are Authorized; 

Miscellaneous Amendments 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: GSA is amending the Federal 

Travel Regulation (FTR) by removing 

the Privately Owned Vehicle (POV) 

rates from Section 301–10.303. These 

rates will be published on a periodic 

basis as FTR Bulletins by the Office of 

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