Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 58329 

with the changes described in its 

application for program revisions. 

Nebraska is responsible for carrying out 

the aspects of the RCRA program 

described in its approved program 

applications, subject to the limitations 

of the Hazardous and Solid Waste 

Amendments (HSWA) of 1984. New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, EPA will 

implement any such HSWA 

requirements and prohibitions in 

Nebraska, including issuing HSWA 

permits, until the State is granted 

authorization to do so. For further 

background on the scope and effect of 

today’s action to approve Nebraska’s 

RCRA program revisions, please refer to 

the preambles of EPA’s December 30, 

2008, Proposed and Immediate Final 

Rules at 73 FR 79761 and 73 FR 79661 

respectively. 

D. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes state requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, I 

certify that this action 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.). Because this action 

authorizes pre-existing 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). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000). This action will 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, ‘‘Federalism’’ 

(64 FR 43255, August 10, 1999), because 

it merely authorizes state requirements 

as part of the state RCRA hazardous 

waste program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action 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 is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks that may affect 

children. This rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. 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. As required by 

section 3 of Executive Order 12988, 

‘‘Civil Justice Reform’’ (61 FR 47729, 

February 7, 1996), in issuing this rule, 

EPA has taken the necessary steps to 

eliminate drafting errors and ambiguity, 

minimize potential litigation, and 

provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630, 

‘‘Government Actions and Interference 

with Constitutionally Protected Property 

Rights (53 FR 8859, March 15, 1988) by 

examining the takings implications the 

rule in accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. 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.). 

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 document 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 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). This 

action will be effective September 24, 

2010. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: September 13, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2010–23990 Filed 9–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 300–80 

[FTR Amendment 2010–03; FTR Case 2010– 

304; Docket 2010–0016; Sequence 1] 

RIN 3090–ZA01 

Federal Travel Regulation (FTR); 

Relocation Expenses Test Programs 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: This final rule updates the 

Federal Travel Regulation (FTR) to 

reflect statutory changes that extended 

the authority for relocation expenses 

test programs for Federal employees, 

made by the passage of Public Law 111– 

112 on November 30, 2009. 

DATES: Effective Date: This final rule is 

effective September 24, 2010. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (MVCB), Room 

4035, GS Building, Washington, DC 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Henry Maury, Office of 

Governmentwide Policy (M), Office of 

Travel, Transportation and Asset 

Management (MT), General Services 

Administration at (202) 208–7928 or eVerDate Mar<15>2010 16:03 Sep 23, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1

hsrobinson on DSK69SOYB1PROD with RULES
58330 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 

mail at henry.maury@gsa.gov. Please 

cite FTR Amendment 2010–03; FTR 

case 2010–304. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On October 19, 1998, the President 

signed into law the Travel and 

Transportation Reform Act of 1998 (Pub. 

L. 105–264). Subsection 5(b) of Public 

Law 105–264, codified at 5 U.S.C. 5739, 

permits the Administrator of General 

Services to authorize Federal agencies to 

test new and innovative methods of 

reimbursing relocation expenses 

without seeking authorizing legislation 

or a waiver of regulations. This statutory 

provision is implemented in part 300– 

80 the Federal Travel Regulation (FTR) 

(41 CFR part 300–80), ‘‘Relocation 

Expenses Test Programs.’’ Public Law 

109–325 extended the test program 

authority through October 19, 2009. 

Public Law 111–112, enacted on 

November 30, 2009, extended the test 

program authority indefinitely. 

B. Changes to the Current FTR 

This final rule: 

• Revises section 300–80.4 to update 

the maximum number of test programs 

that may be simultaneously running 

from 10 to 12; 

• Revises section 300–80.6 to clarify 

test programs are limited to making 

payments in lieu of the relocation 

reimbursements contained in 5 U.S.C. 

chapter 57, subchapter II; 

• Revises section 300–80.7 to update 

the duration of test programs and 

possible extensions from 24 months to 

four years; 

• Redesignates current section 300– 

80.8 as section 300–80.9 and removes 

current section 300–80.9 because it is no 

longer valid; 

• Adds new section 300–80.8 to add 

instructions for agencies wishing to 

apply for a test program extension; and 

• Revises newly designated section 

300–80.9 to clarify the reporting 

requirements for agencies conducting 

test programs. 

C. Executive Order 12866 

This regulation is excepted from the 

definition of ‘‘regulation’’ or ‘‘rule’’ under 

Section 3(d)(3) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993 and, 

therefore, was not subject to review 

under Section 6(b) of that Executive 

Order. 

D. 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. 

However, this final rule is being 

published to provide transparency in 

the promulgation of federal policies. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

Federal Travel Regulation 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 under 44 

U.S.C. 3501, et seq. 

F. 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 Part 300–80 

Government employees, Reporting 

and recordkeeping requirements, Travel 

and transportation expenses. 

Dated: July 16, 2010. 

Martha Johnson, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, under 5 U.S.C. 5701–5739, 

GSA amends 41 CFR part 300–80 as set 

forth below: 

PART 300–80—RELOCATION 

EXPENSES TEST PROGRAMS 

■ 1. The authority citation for 41 CFR 

part 300–80 continues to read as 

follows: 

Authority: 5 U.S.C. 5707, 5738, and 5739. 

§ 300–80.4 [Amended] 

■ 2. Amend § 300–80.4 by removing 

‘‘10’’ and adding ‘‘12’’ in its place. 

§ 300–80.6 [Amended] 

■ 3. Amend § 300.80–6 by— 

■ a. Removing the word ‘‘None.’’; and 

■ b. Removing ‘‘Chapter 302 of this 

title.’’ and adding ‘‘5 U.S.C. chapter 57, 

subchapter II.’’ in its place. 

■ 4. Revise § 300–80.7 to read as 

follows: 

§ 300–80.7 How long is the duration of test 

programs? 

The duration of a test program is up 

to four years from the date of 

authorization unless terminated prior to 

that time by the Administrator of 

General Services. The agency 

conducting a test program may also 

terminate the test program at any time 

by providing written notice of the 

termination to the Administrator of 

General Services. The Administrator of 

General Services may grant test program 

extensions of up to an additional four 

years (see § 300–80.8). 

§ 300–80.9 [Removed] 

■ 5. Remove § 300–80.9. 

§ 300–80.8 [Redesignated as § 300–80.9] 

■ 6. Redesignate § 300–80.8 as § 300– 

80.9. 

■ 7. Add a new § 300–80.8 to read as 

follows: 

§ 300–80.8 What must we do to apply for 

a test program extension? 

The head of the agency or designee 

must submit a request to extend the test 

program to the Administrator of General 

Services (Attention: MTT), 1800 F 

Street, NW., Washington, DC 20405, not 

later than 120 days prior to the 

expiration of the test period. The 

request for extension must contain the 

test program results to that date and 

clearly enumerate the benefits, 

qualitatively or quantitatively or both, of 

granting a test program extension and 

must specify the duration of time for 

which an extension is requested. 

■ 8. Amend newly redesignated § 300– 

80.9 by— 

■ a. Removing the introductory text; 

■ b. Removing in paragraph (a), ‘‘an 

approved test program’’ and adding ‘‘any 

test program approved or extended’’ in 

its place; and 

■ c. Adding new paragraph (c) to read 

as follows: 

§ 300–80.9 What reports are required for a 

test program? 

* * * * * 

(c) All reports must include 

quantitative or qualitative assessments, 

or both, clearly evaluating the results of 

the test program and enumerating 

benefits and costs. 

[FR Doc. 2010–23887 Filed 9–23–10; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3000 

Minerals Management: General 

CFR Correction 

In Title 43 of the Code of Federal 

Regulations, Part 1000 to End, revised as 

of October 1, 2009, on page 331, in 


hsrobinson on DSK69SOYB1PROD with RULES