# + 2

(,1 1/,1(

Citation: 76 Fed. Reg. 21807 2011

Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Apr 18 11:06:50 2012

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.

### 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 ofenrolled 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 ofenrollment ofenrolled 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 toread 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 ofthe examination.

(c) Personliable 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 addedto read

as follows:
§300.10 Enrollment ofenrolled retirement plan agent fee.

(a)Applicability.This section applies
to the initial enrollment ofenrolled 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) Personliable 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 toread

as follows:
§300.11 Renewal ofenrollment ofenrolled retirement plan agent fee.

(a)Applicability.This section applies
to the renewal ofenrollment ofenrolled 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) Personliable 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, DeputyCommissioner forServicesand Enforcement.

Approved: April 13, 2011. Michael Mundaca,
AssistantSecretaryofthe Treasury(Tax Policy).

[FRDoe. 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 Applicabilityof Certain Clean AirAct 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 isfinalizing its determination that, based on complete and qualityassured air monitoring data for 1999- 2001, the Truckee Meadows area did not attain the 24-hour NationalAmbient Air Quality Standard ("NAAQS") for particulate matter with an aerodynamic diameter less than or equal to anominal 10 micrometers ("PM-10")by the applicable attainment date ofDecember 31, 2001. Second, EPA is finalizing its determination that the Truckee Meadows area iscurrently attaining the PM-10 NAAQS, based upon complete, quality-assured PM-10 airquality monitoring data during the years 2007- 2009. Preliminary data throughJune 2010 contained in EPA's Air Quality System ("AQS") are also consistent with continued attainment ofthe 24-hour PM-10 NAAQS. Because the Truckee Meadows area iscurrently attaining the PM-10 NAAQS, EPA is also finalizing its determination thatthe obligation to make submissions to meet certain Clean Air Act ("CAA"or "theAct") 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: EPAhas established a docketfor this action under EPA-R09- OAR-2010-0995. Generally, documents in the docket for this action are available electronically athttp:// www.regulations.govorin hard copy at EPA Region IX, 75 Hawthorne Street, SanFrancisco, California. While all documents in the docket are listed at http://www.regulations.gov,some information maybe 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 normalbusiness 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 toEPA. This supplementary information is organized

as follows:

I. Summary ofthe Proposed Actions

On February 28, 2011, EPAproposed
to determine, under sections 179(c)(1) and 188(b)(2) ofthe Act,that the Truckee Meadows area failedto attain the 24-hour PM-10 NAAQS bythe applicable attainment date ofDecember 31, 2001 (76 FR 10817). In that same action, EPA also proposed to determine 

### 21807

HeinOnline -- 76 Fed. Reg. 21807 2011Federal 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 ofthe 24-hour PM-10 NAAQS in the Truckee Meadows area during 2010. Id.

In conjunction with andbased upon
our proposed determination thatthe Truckee Meadows area iscurrently attaining the PM-10 NAAQS, we proposed under EPA's Clean Data Policy
to determine that the obligation to submitcertain 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 submitthe following CAA requirements would be suspended ifEPA finalized its rulemaking: The part D, subpart 4 obligations to provide an attainment demonstration pursuant to section 189(a)(1)(B), thereasonably available control measure ("RACM")provisions of 189(a)(1)(C), thereasonable further progress ("RFP")provisions established by section 189(c), the requirement for 189(d)plans, the attainment demonstration, RACM, RFP and contingency measure provisions ofpart D, subpart 1contained in section 172 of the Act, and the requirement for additional plan revisions in section 179(d) ofthe Act.

For a more detailed discussion ofour proposed actions, including background topics such as development ofthe 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. FinalActions

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 of40 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 ofDecember 31, 2001. Failure by a "serious" nonattainment area such asTruckee 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 ofthe determination above, we have also determined, based on the most recent three years ofcomplete, quality-assured data meeting the requirements of40 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 ofthe 24- hour PM-10 NAAQS. In conjunction with andbased upon our determination that Truckee Meadows is currently attaining the standard, EPAhas determined that the obligation to submit the following CAA requirements isnot applicable for so long asthe 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 ofpart D, subpart 1contained in section 172 of the Act, and the requirement for additional plan revisions in section 179(d) ofthe 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 ofthe CAA

nor determined thatthe area has metthe other CAA requirements for redesignation. The classification and designation status in 40 CFRpart 81 remain serious nonattainment for this

area until such time as EPA determines that Nevada meets the CAA requirements for redesignation ofthe Truckee Meadows area to attainment. Subsequently, ifwe determine after notice and comment rulemaking in the Federal Register that the Truckee Meadows area has violated the 24-hour PM-10 standard (priorto a redesignation to attainment), these requirements would once again become applicable.

IV. Statutory andExecutive Order Reviews

This final action makes two determinations ofattainment based on air quality, results in the suspension of certain Federal requirements, and does
not impose additional requirements beyond those imposedby state law. For these reasons, this action:

* Is not a "significantregulatory action" subject to review by the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44U.S.C. 3501 etseq.);

* Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.);

* Does not contain any unfunded mandate orsignificantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (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 actionbased onhealth 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 (66FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose 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 applyto Indian tribes and thus will not impose substantial direct costs ontribal governments or preempt tribal law.

Authority: 42 U.S.C. 7401 et seq. Dated: April 9,2011. JaredBlumenfeld, Regional Administrator,RegionIX.
[FRDoe. 2011-9295 Filed4-18-11; 8:45 am]

BILLING CODE 6560-50-P 21808

HeinOnline -- 76 Fed. Reg. 21808 2011