Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Rules and Regulations 78571 

Dated: December 13, 2011. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, VA amends 38 CFR Part 17 as 

follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

■ 2. Amend § 17.38 by: 

■ a. Redesignating paragraph (a)(1)(xiv) 

as paragraph (a)(1)(xv). 

■ b. Adding a new paragraph (a)(1)(xiv). 

■ c. Revising the authority citation at 

the end of the section. 

The addition and revision read as 

follows: 

§ 17.38 Medical benefits package. 

(a) * * * 

(1) * * * 

(xiv) Newborn care, post delivery, for 

a newborn child for the date of birth 

plus seven calendar days after the birth 

of the child when the birth mother is a 

woman veteran enrolled in VA health 

care and receiving maternity care 

furnished by VA or under authorization 

from VA and the child is delivered 

either in a VA facility, or in another 

facility pursuant to a VA authorization 

for maternity care at VA expense. 

* * * * * 

(Authority 38 U.S.C. 101, 501, 1701, 1705, 

1710, 1710A, 1721, 1722, 1782, 1786) 

[FR Doc. 2011–32264 Filed 12–16–11; 8:45 am] 

BILLING CODE 8302–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2008–0155; A–1–FRL– 

9248–1] 

Approval and Promulgation of State 

Implementation Plans: Oregon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Oregon, 

Department of Environmental Quality 

(ODEQ). These revisions pertain to the 

Clean Air Act (CAA) section 110(a) 

maintenance plans prepared by ODEQ, 

to maintain the 8-hour national ambient 

air quality standard (NAAQS) for ozone, 

in the Portland portion of the Portland/ 

Vancouver Air Quality Maintenance 

Area (Pdx/Van AQMA), and the SalemKeizer Area Transportation Study Air 

Quality Area (SKATS). The 110(a)(1) 

maintenance plans for these areas meet 

CAA requirements and demonstrate that 

each of the above mentioned areas will 

be able to remain in attainment for the 

1997 and 2008 8-hour ozone NAAQS 

through 2015. As SKATS appears to be 

significantly impacted by emissions 

from the Portland area, an approved 

plan for the Pdx/Van AQMA is one of 

the control strategies for SKATS. 

Therefore, EPA is approving the section 

110(a) plans for the Portland portion of 

the Pdx/Van AQMA and SKATS at the 

same time. 

Additionally, the EPA is approving 

SIP revisions submitted by ODEQ that 

phase out the State’s Vehicle Inspection 

Program (VIP) enhanced BAR–31 test, 

and eliminate the Gas Cap Pressure Test 

and the Evaporative Purge Tests. 

DATES: This action is effective on 

January 18, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number: EPA–R10–OAR– 

2008–0155. All documents in the docket 

are listed on the http://www.regulations.

gov Web site. Although listed in the 

index, some information may not be 

publicly available, i.e., Confidential 

Business Information 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 in www.regulations.gov or 

in hard copy during normal business 

hours at EPA Region 10, Office of Air, 

Waste, and Toxics (AWT–107), 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Region 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Krishna Viswanathan, (206) 553–2684, 

or by email at 

viswanathan.krishna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On May 6, 2010 (75 FR 24844), EPA 

proposed to approve the State of 

Oregon’s State Implementation Plan 

(SIP) revision that establishes a 

maintenance plan for ozone in the 

Portland portion of the Portland/ 

Vancouver Air Quality Maintenance 

Area (Pdx/Van AQMA) and the SalemKeizer Area Transportation Study Air 

Quality Area (SKATS). This plan 

provides measures that enable 

continued attainment of the 8-hour 

ozone NAAQS for at least 10 years after 

designation, and includes a 2002 baseyear emissions inventory. EPA also 

proposed approval of SIP revisions 

submitted by Oregon Department of 

Environmental Quality (ODEQ) that 

phase out the State’s VIP enhanced 

BAR–31 test, and eliminate the Gas Cap 

Pressure Test and the Evaporative Purge 

Tests. No comments were received on 

the proposed approval of this plan. EPA 

is, accordingly, taking final action in 

this notice to approve the plan as 

discussed in the proposed action 

without change. 

II. Final Action 

EPA is approving the section 110(a)(1) 

maintenance plan and supporting rules 

for Portland and Salem, Oregon 

submitted on May 22, 2007, and 

described further in the Technical 

Support document, as revisions to the 

Oregon SIP. EPA is approving the 

maintenance plan and supporting rules 

for the Portland Portion of the Pdx/Van 

AQMA and SKATS. EPA is also taking 

final action to approve revisions to the 

Oregon SIP pertaining to motor vehicle 

testing provisions (Oregon SIP: Volume 

2—section 5.4.7—Test Procedures and 

Standards and supporting rules). These 

revisions will not interfere with the 

attainment or maintenance of the 

current CO or ozone NAAQS and meet 

the requirements of section 110(a)(1) 

and section 110(l) of the CAA. 

EPA will retain the tables in 40 CFR 

part 81 that identify the 1-hour ozone 

designation and classification status of 

each area as of the effective date of the 

8-hour designations. (See 70 FR 44471.) 

Therefore, although the SKATS area is 

a State maintenance area for the 1-hour 

ozone standard, 40 CFR part 81 will 

retain the nonattainment designation for 

the SKATS area. EPA believes that the 

CAA does not require a separate 110(l) 

analysis to replace 1-hour 

nonattainment NSR with PSD once an 

area has been redesignated to attainment 

for the 1997 8-hour ozone standard, or 

has an approved 110(a)(1) maintenance 

plan for that standard. (See 75 FR 

64677). In sum, EPA does not require 


srobinson on DSK4SPTVN1PROD with RULES
78572 Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Rules and Regulations 

the continued application of 1-hour 

anti-backsliding nonattainment NSR in 

the SKATS area as long as Oregon 

interprets its SIP as applying PSD to this 

area. 

EPA is incorporating by reference the 

revisions submitted by the State to the 

Oregon Administrative Rules, Chapter 

340 as identified below. Certain other 

provisions of the Oregon SIP are 

addressed and approved by this action 

but are not being incorporated by 

reference into 40 CFR Part 52 to avoid 

potential conflict with EPA’s 

independent authorities. See also 68 FR 

2891, 2900–2901 (January 22, 2003) for 

a discussion of Oregon’s underlying 

statutory authority. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

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, 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. 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 action 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 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 February 17, 

2012. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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, Ozone, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 9, 2011. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Part 52, 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 MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraph (c)(152) to read as 

follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(152) On August 9, 2005, and May 22, 

2007, the Oregon Department of 

Environmental Quality submitted 

revisions to the Oregon State 

Implementation Plan. The revisions 

provide an ozone maintenance plan 

under section 110(a)(1) of the CAA for 

the Portland portion of the PortlandVancouver Air Quality Maintenance 

Area and the Salem-Keizer Area 

Transportation Study Air Quality Area, 

and phase out of the State’s VIP 

enhanced BAR–31 test, the elimination 

of the Gas Cap Pressure Test and the 

Evaporative Purge Test. The State’s 

maintenance plan revisions meet the 

requirements of the Clean Air Act. 

(i) Incorporation by reference. 

(A) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective April 12, 2007: 

(1) Division 200, General Air 

Pollution Procedures and Definitions: 

Rule 0025, Abbreviations and 

Acronyms; 

(2) Division 202, Ambient Air Quality 

Standards and PSD Increments: Rule 

0090, Ozone; 

(3) Division 204, Designation of Air 

Quality Areas: Rule 0010, Definitions; 

Rule 0030, Designation of 

Nonattainment Areas, the undesignated 

introductory text, (2); Rule 0040, 

Designation of Maintenance Areas, the 

undesignated introductory text, (2); 

(4) Division 224, Major New Source 

Review: Rule 0050, Requirements for 

Sources in Nonattainment Areas; Rule 

0060, Requirements for Sources in 

Maintenance Areas; 

(5) Division 225, Air Quality Analysis 

Requirements; Rule 0090, Requirements 

for Demonstrating a Net Air Quality 

Benefit; 

(6) Division 232, Emission Standards 

for VOC Point Sources: Rule 0010, 

Introduction; Rule 0020, Applicability; 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Rules and Regulations 78573 

(7) Division 242, Rules Applicable to 

the Portland Area, Employee Commute 

Options Program: Rule 0010, What is 

the Employee Commute Options 

Program?; Rule 0020, Who is Subject to 

ECO?; Rule 0030, What Does ECO 

require?; Rule 0040, How Does the 

Department Enforce ECO?; Rule 0050, 

Definitions of Terms Used in These 

Rules; Rule 0070, What are the Major 

Requirements of ECO?; Rule 0080, What 

are the Registration Requirements?; Rule 

0090, What are the Requirements for an 

Employee Survey?; Rule 0110, What if 

an Employer Does Not Meet the Target 

Auto Trip Rate?; Rule 0120, How Will 

Employers Demonstrate Progress 

Toward the Target Auto Trip Rate?; Rule 

0160, What Should Be Included in an 

Auto Trip Reduction Plan?; Rule 0180, 

What is a Good Faith Effort?; Rule 0190, 

How Does the ECO Program Affect New 

Employees, Expanding Employers and 

Employers Relocating within the 

Portland AQMA?; Rule 0200, Can a New 

or Relocating Employer Comply with 

ECO Through Restricted Parking 

Ratios?; Rule 0210, Can an Existing 

Employer Comply with ECO Through 

Restricted Parking Ratios?; Rule 0220, 

What if an Employer Has More Than 

One Work Site Within the Portland 

AQMA?; Rule 0240, Are There 

Alternatives to Trip Reduction?; Rule 

0260, Can Employers Get Credit for 

Existing Trip Reduction Programs?; Rule 

0270, Are Exemptions Allowed if an 

Employer is Unable to Reduce Trips or 

Take Advantage of Alternate 

Compliance Options?; Rule 0280, 

Participation in the Industrial Emission 

Management Program; Rule 0290, What 

Kind of Records Must be Kept and for 

How Long?; 

(8) Division 242, Rules Applicable to 

the Portland Area, Industrial Emission 

Management Program: Rule 0400, 

Applicability; Rule 0410, Definition of 

Terms; Rule 0420, Unused PSEL 

Donation Program; Rule 0430, Industrial 

Growth Allowances; Rule 0440, 

Industrial Growth Allowance 

Allocation. 

(B) The following revised sections of 

the Oregon Administrative Rules, 

Chapter 340, effective July 12, 2005; 

(1) Division 256, Motor Vehicles, Rule 

0010, Definitions; 

(2) Division 256, Motor Vehicles, 

Visible Emissions: Rule 0100, Visible 

Emissions—General Requirements, 

Exclusions; Rule 0130, Motor Vehicle 

Fleet Operation; 

(3) Division 256, Motor Vehicles, 

Emission Control System Inspection: 

Rule 0300, Scope; Rule 0310, 

Government-Owned Vehicle, Permanent 

Fleet Vehicle and United States 

Government Vehicle Testing 

Requirements; Rule 0340, Light Duty 

Motor Vehicle and Heavy Duty Gasoline 

Motor Vehicle Emission Control Test 

Method for Basic Program; Rule 0350, 

Light Duty Motor Vehicle Emission 

Control Test Method for Enhanced 

Program; Rule 0380, Light Duty Motor 

Vehicle Emission Control Test Criteria 

for Basic Program; Rule 0390, Heavy 

Duty Gasoline Motor Vehicle Emission 

Control Test Criteria. 

(ii) Additional material. 

(A) SIP Volume 2 Section 5.4.7: Test 

Procedures and Standards, as effective 

July 12, 2005. 

■ 3. Section 52.1973 is amended by 

revising paragraph (d) to read as 

follows: 

§ 52.1973 Approval of plans. 

* * * * * 

(d) Ozone. (1) EPA approves as a 

revision to the Oregon State 

Implementation Plan, the section 

110(a)(1) ozone maintenance plans for 

Portland and Salem, submitted to EPA 

on May 22, 2007. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2011–32173 Filed 12–16–11; 8:45 am] 

BILLING CODE 6560–50–P 


srobinson on DSK4SPTVN1PROD with RULES