Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules 25011 

(ii) Official Patrol Vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP Sector Long 

Island Sound. 

(iii) Spectators. All persons and 

vessels not registered with the event 

sponsor as participants or official patrol 

vessels. 

(2) Spectators desiring to enter or 

operate within the regulated area should 

contact the COTP Sector Long Island 

Sound at 203–468–4401 (Sector LIS 

command center) or the designated 

representative via VHF channel 16 to 

obtain permission to do so. Spectators 

given permission to enter or operate in 

the regulated area must comply with all 

directions given to them by the COTP 

Sector Long Island Sound or the 

designated on-scene representative. 

(3) Upon being hailed by an official 

patrol vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the area, 

citation for failure to comply, or both. 

1. Fireworks barges used in this 

location will have a sign on their port 

and starboard side labeled 

‘‘FIREWORKS—STAY AWAY’’. This 

sign will consist of 10 inch high by 1.5 

inch wide red lettering on a white 

background. 

Dated: April 8, 2013. 

J.M. Vojvodich, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Long Island Sound. 

[FR Doc. 2013–09852 Filed 4–26–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0853; FRL–9806–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District, Santa 

Barbara County Air Pollution Control 

District, South Coast Air Quality 

Management District and Ventura 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Antelope Valley Air 

Quality Management District 

(AVAQMD), Santa Barbara County Air 

Pollution Control District (SBCAPCD), 

South Coast Air Quality Management 

District (SCAQMD) and Ventura County 

Air Pollution Control District (VCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern Volatile Organic 

Compounds (VOC) emissions from 

motor vehicle and mobile equipment 

coating operations and from graphic arts 

operations. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (‘‘CAA’’ or ‘‘the 

Act’’). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

May 29, 2013. 

ADDRESSES: Submit comments, 

identified by docket number R09–OAR– 

2012–0853, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., 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: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating these rules? 

B. Do the rules meet the evaluation criteria? 

C. EPA Recommendations to Further Improve 

the Rules. 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were amended or revised by the local air 

agency and submitted by the California 

Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended/revised Submitted 

AVAQMD ........................... 1151 Motor Vehicle and Mobile Equipment Coating Operations.Amended 6/19/12 ............. 9/21/12 


emcdonald on DSK67QTVN1PROD with PROPOSALS
25012 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules 

TABLE 1—SUBMITTED RULES—Continued 

Local agency Rule No. Rule title Amended/revised Submitted 

SBCAPCD .......................... 339 Motor Vehicle and Mobile Equipment Coating Operations.Revised 6/19/08 ............... 10/20/08 

SCAQMD ........................... 1151 Motor Vehicle and Mobile Equipment Non-Assembly 

Line Coating Operations.

Amended 12/2/05 ............. 4/6/09 

VCAPCD ............................ 74 .18 Motor Vehicle and Mobile Equipment Coating Operations.Revised 11/11/08 ............. 3/17/09 

VCAPCD ............................ 74 .19 Graphic Arts ................................................................ Revised 6/14/11 ............... 9/27/11 

On October 11, 2012 for AVAQMD 

Rule 1151, November 18, 2008 for 

SBCAPCD Rule 339, May 13, 2009 for 

SCAQMD Rule 1151, April 20, 2009 for 

VCAPCD Rule 74.18 and October 24, 

2011 for VCAPCD Rule 74.19, EPA 

determined that the submittals met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

We approved an earlier version of the 

following rules into the SIP: AVAQMD 

Rule 1151 on April 10, 2000 (65 FR 

18901), SBCAPCD Rule 339 on 

November 13, 1998 (63 FR 63410), 

SCAQMD Rule 1151 on May 26, 2000 

(65 FR 34101), VCAPCD Rule 74.18 on 

April 19, 2001 (66 FR 20086) and 

VCAPCD Rule 74.19 on October 25, 

1005 (70 FR 61561). 

C. What is the purpose of the submitted 

rules? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. AVAQMD rule 1151, 

SBCAPCD rule 339, SCAQMD rule 1151 

and VCAPCD rule 74.18 are rules that 

regulate VOC emissions from 

automotive and mobile equipment 

coating operations. VCAPCD rule 74.19 

regulates VOC emissions from graphic 

arts operations. EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). AVAQMD, SCQAMD 

and VCAPCD regulate ozone 

nonattainment areas (see 40 CFR part 

81), so Rules AVAQMD 1151, SCQAMD 

1151, VCAPCD 74.18 and VCAPCD 

74.19 must fulfill RACT. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACM/RACT requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations; 

Clarification to Appendix D of 

November 24, 1987 Federal Register 

Notice,’’ (Blue Book), notice of 

availability published in the May 25, 

1988 Federal Register. 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

3. ‘‘Control Technique Guidelines for 

Emissions from Automobile 

Refinishing’’ (EPA–450/3–88–009), 

October 1988. 

4. CARB Suggested Control Measure 

(SCM) for ‘‘Automotive Coatings’’ as 

approved by the Board on October 20, 

2005. 

5. ‘‘Control Techniques Guidelines for 

Offset Lithographic Printing and 

Letterpress Printing,’’ EPA 453/R–06– 

002, September 2006. 

6. ‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents,’’ EPA 453/ 

R–06–001, September 2006. 

B. Does the rule meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACM/RACT, 

and SIP relaxations. The TSDs have 

more information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rule 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules. However, these recommendations 

are not currently the basis for rule 

disapproval. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the federally enforceable SIP. 

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 


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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules 25013 

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, these rules do 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds, 

Reporting and recordkeeping 

requirements. 

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

Dated: April 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–10048 Filed 4–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 420, 424, and 498 

[CMS–6045–P] 

RIN 0938–AP01 

Medicare Program; Requirements for 

the Medicare Incentive Reward 

Program and Provider Enrollment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise the Incentive Reward Program 

provisions in § 420.405 and certain 

provider enrollment requirements in 

part 424, subpart P. The most significant 

of these revisions include: changing the 

Incentive Reward Program potential 

reward amount for information on 

individuals and entities who are or have 

engaged in acts or omissions which 

resulted in the imposition of a sanction 

from 10 percent of the overpayments 

recovered in the case or $1,000, 

whichever is less, to 15 percent of the 

final amount collected applied to the 

first $66,000,000 for the sanctionable 

conduct; expanding the instances in 

which a felony conviction can serve as 

a basis for denial or revocation of a 

provider or supplier’s enrollment; if 

certain criteria are met, enabling us to 

deny enrollment if the enrolling 

provider, supplier, or owner thereof had 

an ownership relationship with a 

previously enrolled provider or supplier 

that had a Medicare debt; enabling us to 

revoke Medicare billing privileges if we 

determine that the provider or supplier 

has a pattern or practice of submitting 

claims for services that fail to meet 

Medicare requirements; and limiting the 

ability of ambulance suppliers to 

‘‘backbill’’ for services performed prior 

to enrollment. We believe this proposed 

rule would—increase the incentive for 

individuals to report information on 

individuals and entities that have or are 

engaged in sanctionable conduct; 

improve our ability to detect new fraud 

schemes; and help us ensure that 

fraudulent entities and individuals do 

not enroll in or maintain their 

enrollment in the Medicare program. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on June 28, 2013. 

ADDRESSES: In commenting, please refer 

to file code CMS–6045–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By Regular Mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–6045–P, P.O. Box 8013, Baltimore, 

MD 21244–8013. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By Express or Overnight Mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–6045–P, Mail 

Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

4. By Hand or Courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments ONLY to the 

following addresses prior to the close of 

the comment period: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, call 

telephone number (410) 786–7195 in 

advance to schedule your arrival with 

one of our staff members. 

Comments erroneously mailed to the 

addresses indicated as appropriate for 

hand or courier delivery may be delayed 

and received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Morgan Burns, (202) 690–5145, for 

issues related to the Incentive Reward 

Program. Frank Whelan, (410) 786– 

1302, for issues related to provider 

enrollment. 

SUPPLEMENTARY INFORMATION:

Inspection of Public Comments: All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http:// 

www.regulations.gov. Follow the search 

instructions on that Web site to view 

public comments. 

Comments received timely will also 

be available for public inspection as 

they are received, generally beginning 


emcdonald on DSK67QTVN1PROD with PROPOSALS