Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Proposed Rules 35167 

mobility includes but is not limited to 

a traumatic brain injury that 

compromises a veteran’s ability to make 

appropriate decisions based on 

environmental cues (i.e., traffic lights or 

dangerous obstacles) or a seizure 

disorder that causes a veteran to become 

immobile during and after a seizure 

event. 

(c) Recognized service dogs. VA will 

recognize, for the purpose of paying 

benefits under this section, the 

following service dogs: 

(1) The dog and veteran must have 

successfully completed a training 

program offered by an organization 

accredited by Assistance Dogs 

International or the International Guide 

Dog Federation, or both (for dogs that 

perform both service- and guide-dog 

assistance). The veteran must provide to 

VA a certificate showing successful 

completion issued by the accredited 

organization that provided such 

program. 

(2) Dogs obtained before [date of 

publication of final rule in the Federal 

Register] will be recognized if a guide 

or service dog training organization in 

existence before [date of publication of 

final rule in the Federal Register] 

certifies that the veteran and dog, as a 

team, successfully completed, no later 

than [date 1 year after date of 

publication of final rule in the Federal 

Register], a training program offered by 

that training organization. The veteran 

must provide to VA a certificate 

showing successful completion issued 

by the organization that provided such 

program. Alternatively, the veteran and 

dog will be recognized if they comply 

with paragraph (c)(1) of this section. 

(d) Authorized benefits. VA will 

provide to a veteran enrolled under 38 

U.S.C. 1705 only the following benefits 

for one service dog at any given time in 

accordance with this section: 

(1) A commercially available 

insurance policy that meets the 

following minimum requirements: 

(i) VA, and not the veteran, will be 

billed for any premiums, copayments, or 

deductibles associated with the policy; 

however, the veteran will be responsible 

for any cost of care that exceeds the 

maximum amount authorized by the 

policy for a particular procedure, course 

of treatment, or policy year. If a dog 

requires care that may exceed the 

policy’s limit, the insurer will, 

whenever reasonably possible under the 

circumstances, provide advance notice 

to the veteran. 

(ii) The policy will guarantee coverage 

for all treatment (and associated 

prescription medications), subject to 

premiums, copayments, deductibles or 

annual caps, determined to be medically 

necessary, including euthanasia, by any 

veterinarian who meets the 

requirements of the insurer. 

(iii) The policy will not exclude dogs 

with preexisting conditions that do not 

prevent the dog from being a service 

dog. 

(2) Hardware, or repairs or 

replacements for hardware, that are 

clinically determined to be required by 

the dog to perform the tasks necessary 

to assist the veteran with his or her 

impairment. To obtain such devices, the 

veteran must contact the Prosthetic and 

Sensory Aids Service at his or her local 

VA medical facility and request the 

items needed. 

(3) Payments for travel expenses 

associated with obtaining a dog under 

paragraph (c)(1) of this section. Travel 

costs will be provided only to a veteran 

who has been prescribed a service dog 

by a VA clinician under paragraph (b) 

of this section. Payments will be made 

as if the veteran is an eligible 

beneficiary under 38 U.S.C. 111 and 38 

CFR part 70, without regard to whether 

the veteran meets the eligibility criteria 

as set for in 38 CFR part 70. 

(4) The veteran is responsible for 

procuring and paying for any items or 

expenses not authorized by this section. 

This means that VA will not pay for 

items such as license tags, nonprescription food, grooming, insurance 

for personal injury, non-sedated dental 

cleanings, nail trimming, boarding, petsitting or dog-walking services, over-thecounter medications, or other goods and 

services not covered by the policy. The 

dog is not the property of VA; VA will 

never assume responsibility for, or take 

possession of, any service dog. 

(e) Dog must maintain ability to 

function as a service dog. To continue 

to receive benefits under this section, 

the service dog must maintain its ability 

to function as a service dog. If at any 

time VA learns from any source that the 

dog is medically unable to maintain that 

role, or VA makes a clinical 

determination that the veteran no longer 

requires the dog, VA will provide at 

least 30 days notice to the veteran before 

benefits will no longer be authorized. 

(Authority 38 U.S.C. 501, 1714) 

3. Revise § 17.154 to read as follows: 

§ 17.154 Equipment for blind veterans. 

VA may furnish mechanical and/or 

electronic equipment considered 

necessary as aids to overcoming the 

handicap of blindness to blind exmembers of the Armed Forces entitled 

to disability compensation for a serviceconnected disability. 

(Authority: 38 U.S.C. 1714) 

[FR Doc. 2011–14933 Filed 6–15–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0312; FRL–9319–8] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the SJVUAPCD portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

volatile organic compounds (VOCs) 

from architectural coatings. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act as amended in 1990 (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 

July 18, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0312, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: 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 http://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 

http://www.regulations.gov or e-mail. 

http://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 e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
35168 Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Proposed Rules 

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 http:// 

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 

http://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: 

David Grounds, EPA Region IX, (415) 

972–3019, grounds.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ......... 4601 Architectural Coatings ................................................................................ 12/17/09 5/17/10 

On June 8, 2010, EPA determined that 

the submittal for SJVUAPCD Rule 4601 

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 this rule? 

We finalized a limited approval/ 

limited disapproval on an earlier 

version of Rule 4601 into the SIP on 

1/2/04 (69 FR 34). No versions were 

adopted since then besides the 12/17/09 

version. 

C. What is the purpose of the submitted 

rule revision? 

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. Rule 4601 limits VOC 

emissions during architectural coating, 

storage and clean-up operations. EPA’s 

technical support document (TSD) has 

more information about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

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). The SJVUAPCD 

regulates an ozone nonattainment area 

(see 40 CFR part 81), but Rule 4601 does 

not regulate major sources, so Rule 4601 

need not fulfill RACT. 

Guidance and policy documents that 

we use to evaluate enforceability and 

other requirements consistently include 

the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. Control of Volatile Organic 

Emissions from Existing Stationary 

Sources, Volume I: Control Methods for 

Surface Coating Operations (EPA–450/ 

2–76–028, 11/76, NTIS PB–260–386). 

4. National VOC Emission Standards 

for Architectural Coatings (40 CFR 59 

Subpart D, 9/11/98). 

5. Technical Review Group’s 

Proposed Architectural Coatings SCM 

(CARB, 1989). 

6. Suggested Control Measure for 

Architectural Coatings (CARB, 2000). 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes one additional rule 

revision that we recommend for the next 

time the local agency modifies the rule 

but is not currently the basis for rule 

disapproval. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it 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 this rule 

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.); 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Proposed Rules 35169 

• 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: May 19, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–15000 Filed 6–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 10 

[Docket No. USCG–2004–17455] 

RIN 1625–AA85 

Validation of Merchant Mariners’ Vital 

Information and Issuance of Coast 

Guard Merchant Mariner’s Licenses 

and Certificates of Registry (MMLs) 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of intent with request for 

comments. 

SUMMARY: The Coast Guard is advising 

the public of its intent to finalize 

regulations previously published as an 

interim rule on January 13, 2006. The IR 

was published to amend the maritime 

personnel licensing rules to include 

new security requirements when 

mariners apply for original, renewal, 

and raise-of-grade licenses and 

certificates of registry, but was never 

published as a final rule. Because of the 

lapse in time since the interim rule 

publication, the Coast Guard is seeking 

comments from the public on one 

remaining section of the interim rule 

that has remained unfinalized. The 

Coast Guard intends to finalize this one 

section of the interim rule. 

DATES: Comments must be received on 

or before August 15, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2004–17455 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. To avoid duplication, 

please use only one of these four 

methods. See the ‘‘Public Participation 

and Request for Comments’’ portion of 

the SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Gerald Miante, 

Maritime Personnel Qualifications 

Division, Coast Guard; telephone 202– 

372–1407, e-mail 

Gerald.P.Miante@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2004–17455), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Select Document Type’’ drop down 

menu select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2004–17455’’ in the ‘‘Enter 

Keyword or ID’’ box. Click ‘‘Search’’ 

then click on the balloon shape in the 

‘‘Actions’’ column. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

Facility, please enclose a stamped, selfaddressed postcard or envelope. 

We will consider all comments and 

material received during the comment 

period and may change this proposed 

rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Enter Keyword or ID’’ box insert 

‘‘USCG–2004–17455’’ and click 

‘‘Search.’’ Click the ‘‘Open Docket 


emcdonald on DSK2BSOYB1PROD with PROPOSALS