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Citation: 76 Fed. Reg. 21807 2011 

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

§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 Doe. 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

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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 PM10 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 Doe. 2011-9295 Filed 4-18-11; 8:45 am]

BILLING CODE 6560-50-P

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