4862 Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Proposed Rules 

learning because of the additional time 

or effort he or she must spend to read, 

write, speak, or learn compared to most 

people in the general population. 

(4) Mitigating measures include, but 

are not limited to: 

(i) Medication, medical supplies, 

equipment, appliances, low-vision 

devices (defined as devices that 

magnify, enhance, or otherwise augment 

a visual image, but not including 

ordinary eyeglasses or contact lenses), 

prosthetics including limbs and devices, 

hearing aid(s) and cochlear implant(s) or 

other implantable hearing devices, 

mobility devices, and oxygen therapy 

equipment and supplies. 

(ii) Use of assistive technology; 

(iii) Reasonable modifications or 

auxiliary aids or services as defined in 

this regulation; 

(iv) Learned behavioral or adaptive 

neurological modifications; or 

(v) Psychotherapy, behavioral 

therapy, or physical therapy. 

(e) Has a record of such an 

impairment—(1) General. An individual 

has a record of such an impairment if 

the individual has a history of, or has 

been misclassified as having, a mental 

or physical impairment that 

substantially limits one or more major 

life activities. 

(2) Broad construction. Whether an 

individual has a record of an 

impairment that substantially limited a 

major life activity shall be construed 

broadly to the maximum extent 

permitted by the ADA and should not 

demand extensive analysis. An 

individual will be considered to fall 

within this prong of the definition of 

disability if the individual has a history 

of an impairment that substantially 

limited one or more major life activities 

when compared to most people in the 

general population, or was misclassified 

as having had such an impairment. In 

determining whether an impairment 

substantially limited a major life 

activity, the principles articulated in 

§ 36.105(d)(1) apply. 

(3) Reasonable modification. An 

individual with a record of a 

substantially limiting impairment may 

be entitled to a reasonable modification 

if needed and related to the past 

disability. 

(f) Is regarded as having such an 

impairment. (1) An individual is 

‘‘regarded as having such an 

impairment’’ if the individual is 

subjected to an action prohibited by the 

ADA because of an actual or perceived 

physical or mental impairment, whether 

or not that impairment substantially 

limits, or is perceived to substantially 

limit, a major life activity, except for an 

impairment that is both transitory and 

minor. A transitory impairment is an 

impairment with an actual or expected 

duration of six months or less. 

(2) An individual is ‘‘regarded as 

having such an impairment’’ any time a 

covered entity takes a prohibited action 

against the individual because of an 

actual or perceived impairment, even if 

the entity asserts, or may or does 

ultimately establish, a defense to such 

action. 

(3) Establishing that an individual is 

‘‘regarded as having such an 

impairment’’ does not, by itself, 

establish liability. Liability is 

established under title III of the ADA 

only when an individual proves that a 

covered entity discriminated on the 

basis of disability within the meaning of 

title III of the ADA, 42 U.S.C. 12181– 

12189. 

(g) Exclusions. The term ‘‘disability’’ 

does not include: (1) Transvestism, 

transsexualism, pedophilia, 

exhibitionism, voyeurism, gender 

identity disorders not resulting from 

physical impairments, or other sexual 

behavior disorders; 

(2) Compulsive gambling, 

kleptomania, or pyromania; or 

(3) Psychoactive substance use 

disorders resulting from current illegal 

use of drugs. 

Subpart B—General Requirements 

■ 10. In § 36.201, add paragraph (c) to 

read as follows: 

§ 36.201 General. 

* * * * * 

(c) Claims of no disability. Nothing in 

this part shall provide the basis for a 

claim that an individual without a 

disability was subject to discrimination 

because of a lack of disability, including 

a claim that an individual with a 

disability was granted a reasonable 

modification that was denied to an 

individual without a disability. 

Subpart C—Specific Requirements 

■ 11. In § 36.302. add paragraph (g) to 

read as follows: 

§ 36.302 Modifications in policies, 

practices, or procedures. 

* * * * * 

(g) A covered entity is not required to 

provide a reasonable modification to an 

individual who meets the definition of 

disability solely under the ‘‘regarded as’’ 

prong of the definition of disability at 

§ 36.105(a)(1)(iii). 

Dated: January 22, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–01668 Filed 1–29–14; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0725; FRL–9904–01– 

Region 9] 

Revisions to the California State 

Implementation Plan, Santa Barbara 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Santa Barbara County 

Air Pollution Control District 

(SBCAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

solvent cleaning machines and 

operations, coating of metal parts and 

products and polyester resin operations. 

We are proposing to approve local rules 

to regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by March 3, 2014. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0725, 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. 

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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Proposed Rules 4863 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

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 or 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: SBCAPCD Rule 321, Solvent 

Cleaning Machines and Solvent 

Cleaning, SBCAPCD Rule 330, Surface 

Coating of Metal Parts and Products and 

SBCAPCD Rule 349, Polyester Resin 

Operations. In the Rules and 

Regulations section of this Federal 

Register, we are approving these local 

rules in a direct final action without 

prior proposal because we believe these 

SIP revisions are not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comments on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: November 22, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–01318 Filed 1–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

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