Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 72579 

■ c. Redesignate paragraphs (e)(2)(iii) 

and (iv) as new paragraphs (e)(2)(ii) and 

(iii), respectively. 

The revisions read as follows: 

§ 17.36 Enrollment—provision of hospital 

and outpatient care to veterans. 

* * * * * 

(e) * * * 

(1) Quadriplegia and quadriparesis; 

paraplegia; legal blindness defined as 

visual impairment of 20/200 or less 

visual acuity in the better seeing eye 

with corrective lenses, or a visual field 

restriction of 20 degrees or less in the 

better seeing eye with corrective lenses; 

persistent vegetative state; or a 

condition resulting from two of the 

following procedures, provided the two 

procedures were not on the same limb: 

(i) Amputation, detachment, or 

reamputation of or through the hand; 

(ii) Disarticulation, detachment, or 

reamputation of or through the wrist; 

(iii) Amputation, detachment, or 

reamputation of the forearm at or 

through the radius and ulna; 

(iv) Amputation, detachment, or 

disarticulation of the forearm at or 

through the elbow; 

(v) Amputation, detachment, or 

reamputation of the arm at or through 

the humerus; 

(vi) Disarticulation or detachment of 

the arm at or through the shoulder; 

(vii) Interthoracoscapular (forequarter) 

amputation or detachment; 

(viii) Amputation, detachment, or 

reamputation of the leg at or through the 

tibia and fibula; 

(ix) Amputation or detachment of or 

through the great toe; 

(x) Amputation or detachment of or 

through the foot; 

(xi) Disarticulation or detachment of 

the foot at or through the ankle; 

(xii) Amputation or detachment of the 

foot at or through malleoli of the tibia 

and fibula; 

(xiii) Amputation or detachment of 

the lower leg at or through the knee; 

(xiv) Amputation, detachment, or 

reamputation of the leg at or through the 

femur; 

(xv) Disarticulation or detachment of 

the leg at or through the hip; and 

(xvi) Interpelviaabdominal 

(hindquarter) amputation or 

detachment. 

* * * * * 

[FR Doc. 2013–28858 Filed 12–2–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0194; FRL–9838–6] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Maricopa County Area 

portion of the Arizona State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

April 19, 2013 and concerns particulate 

matter (PM) emissions from fugitive 

dust sources. We are approving local 

statutes that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This final rule is effective on 

January 2, 2014. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0194 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume 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 normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 19, 2013 (78 FR 23527), EPA 

proposed to approve the following 

statutes into the Arizona SIP. 

Local agency Statute No. Rule title Adopted Submitted 

ADEQ .......................................... 9–500.04 Air Quality Control; Definitions ....................................................... 07/02/07 05/25/12 

ADEQ .......................................... 11–877 Air Quality Control Measures ......................................................... 07/02/07 05/25/12 

ADEQ .......................................... 49–457.01 Leaf Blower Use Restrictions and Training; Leaf Blowers Equipment Sellers; Informational Material; Outreach; Applicability.07/02/07 05/25/12 

ADEQ .......................................... 49–474.01 Additional Board Duties in Vehicle Emissions Control Areas; 

Definitions.

07/02/07 05/25/12 

ADEQ .......................................... 49–474.05 Dust Control; Training; Site Coordinators ...................................... 07/02/07 05/25/12 

ADEQ .......................................... 49–474.06 Dust Control Subcontractor Registration; Fee ............................... 07/02/07 05/25/12 

We proposed to approve these statutes 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

statutes and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received one set of 

comments which were submitted 

anonymously to the docket for this 

action at www.regulations.gov. These 

comments clearly support our April 

2013 proposed approval, but also 

present several concerns regarding 

Arizona’s efforts to reduce PM10

pollution. Specifically, the comments 

recommend stronger control of 

emissions from leaf blowers, expanding 

leaf blowers requirements beyond 

county employees, control of leaf 

blowers in vacuum mode, control of leaf 

blowers on permitted sites, and greater 

efforts to control coccidioidomycosis. 


emcdonald on DSK67QTVN1PROD with RULES
72580 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 

These are all constructive comments 

that could help reduce the harmful 

effects of pollution in Arizona. 

However, we have no authority to 

require such regulatory improvements 

as part of today’s action on the 

submitted Arizona statues. 

III. EPA Action 

No comments were submitted that 

change our assessment of the statutes as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving these statutes into the 

Arizona SIP. 

IV. 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 

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 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 3, 2014. 

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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 28, 2013. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120, is amended by 

adding paragraphs (c)(157)(i)(A)(3) 

through (5) to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(157) * * * 

(i) * * * 

(A) * * * 

(3) Arizona Revised Statutes 

(Thomson/West, 2008): Title 9 (cities 

and towns), chapter 4 (general powers), 

article 8 (miscellaneous), section 9– 

500.04 (‘‘Air quality control; 

definitions’’), excluding paragraphs A.1, 

A.2, A.4, and A.10; paragraphs B 

through G; and paragraph I. 

(4) Arizona Revised Statutes (West, 

2012): Title 11 (counties), chapter 6 

(county planning and zoning), article 6 

(air quality), section 11–877 (‘‘Air 

quality control measures’’). 

(5) Arizona Revised Statutes 

(Thomson/West, 2005 main volume, 

2012 Cumulative Pocket Part): 

(i) Title 49 (the environment), chapter 

3 (air quality), article 2 (state air 

pollution control), section 49–457.01 

(‘‘Leaf blower use restrictions and 

training; leaf blowers equipment sellers; 

informational material; outreach; 

applicability’’); and 

(ii) Title 49 (the environment), 

chapter 3 (air quality), article 3 (county 

air pollution control), sections 49– 

474.01 (‘‘Additional board duties in 

vehicle emissions control areas; 

definitions’’), excluding paragraphs A.1 

through A.3, A.9, A.10, paragraphs C 

through G, and paragraph I; 49–474.05 

(‘‘Dust control; training; site 

coordinators’’); and 49–474.06 (‘‘Dust 

control; subcontractor registration; fee’’). 

* * * * * 

[FR Doc. 2013–28244 Filed 12–2–13; 8:45 am] 

BILLING CODE P 


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