54382 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Rules and Regulations 

(1) The veteran is diagnosed as having 

a visual, hearing, or substantial mobility 

impairment; and 

(2) The VA clinical team that is 

treating the veteran for such impairment 

determines based upon medical 

judgment that it is optimal for the 

veteran to manage the impairment and 

live independently through the 

assistance of a trained service dog. Note: 

If other means (such as technological 

devices or rehabilitative therapy) will 

provide the same level of independence, 

then VA will not authorize benefits 

under this section. 

(3) For the purposes of this section, 

substantial mobility impairment means 

a spinal cord injury or dysfunction or 

other chronic impairment that 

substantially limits mobility. A chronic 

impairment that substantially limits 

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 September 5, 

2012 will be recognized if a guide or 

service dog training organization in 

existence before September 5, 2012 

certifies that the veteran and dog, as a 

team, successfully completed, no later 

than September 5, 2013, 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. Except as 

noted in paragraph (d)(3) of this section, 

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, to the extent 

commercially practicable, 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. The veteran 

will not be billed for these covered 

costs, and the insurer will directly 

reimburse the provider. 

(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 clinical team 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 forth in 38 CFR part 70. Note: VA 

will provide payment for travel 

expenses related to obtaining a 

replacement service dog, even if the 

veteran is receiving other benefits under 

this section for the service dog that the 

veteran needs to replace. 

(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, nonsedated dental cleanings, nail trimming, 

boarding, pet-sitting or dog-walking 

services, over-the-counter 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) 

(The Office of Management and Budget has 

approved the information collection 

requirements in this section under control 

number 2900–0785.) 

■ 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 veterans 

entitled to disability compensation for a 

service-connected disability. 

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

[FR Doc. 2012–21784 Filed 9–4–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R09–OAR–2011–0955; FRL–9724–2] 

Revisions of Five California Clean Air 

Act Title V Operating Permits 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Operating Permits (Title 

V) programs of the Monterey Bay 

Unified Air Pollution Control District 

(MBUAPCD), San Luis Obispo County 

Air Pollution Control District 

(SLOCAPCD), Santa Barbara County Air 

Pollution Control District (SBCAPCD), 

South Coast Air Quality Management 

District (SCAQMD), and Ventura County 

Air Pollution Control District 

(VCAPCD). We proposed these program 

revisions in the Federal Register on 

March 21, 2012. These revisions require 

sources with the potential to emit (PTE) 

of greenhouse gases (GHGs) above the 

thresholds in EPA’s Tailoring Rule, 

which have not been previously subject 

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Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Rules and Regulations 54383 

to Title V for other reasons, to obtain a 

Title V permit. See ‘‘Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule; Final 

Rule,’’ (the Tailoring Rule) (75 FR 

31514, June 3, 2010). 

DATES: Effective Date: This rule is 

effective on October 5, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0955 for 

this action. 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. Some docket materials, 

however, may be publicly available only 

at the hard copy location (e.g., 

voluminous records, maps, copyrighted 

material), 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: 

Roger Kohn, EPA Region IX, (415) 972– 

3973, kohn.roger@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’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On March 21, 2012 (77 FR 16509), 

EPA proposed to approve the following 

rules as part of the five districts’ title V 

operating permit programs. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

MBUAPCD .................... 218 Title V: Federal Operating Permits .............................................................. 11/17/10 11/7/11 

SLOCAPCD ................... 216 Federal Part 70 Operating Permits .............................................................. 3/23/11 8/19/11 

SBCAPCD ..................... 1301 Part 70 Operating Permits—General Information ....................................... 1/20/11 4/21/11 

SCAQMD ....................... 3000 General ........................................................................................................ 11/5/10 11/5/10 

3001 Applicability.

3002 Requirements.

3003 Applications.

3005 Permit Revisions.

3006 Public Participation.

VCAPCD ....................... 33 Part 70 Permits—General ............................................................................ 4/12/11 8/19/11 

33.1 Part 70 Permits—Definitions.

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we did not receive any 

comments on our proposal. 

III. EPA’s Final Action 

We did not receive any comments that 

change our assessment that the 

submitted rules are consistent with Title 

V of the Clean Air Act and 40 CFR part 

70. Therefore EPA is approving these 

revisions to the five districts’ title V 

operating permits programs. 

IV. Statutory and Executive Order 

Reviews 

Today’s 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 action does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the action 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 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon dioxide, 

Carbon dioxide equivalents, Greenhouse 

gases, Hydrofluorocarbons, 

Intergovernmental relations, Methane, 

Nitrous oxide, Perfluorocarbons, 

Reporting and recordkeeping 

requirements, Sulfur hexafluoride. 

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

Dated: August 16, 2012. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 70, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Appendix A to Part 70 is amended 

by adding under ‘‘California’’ new 

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54384 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Rules and Regulations 

paragraphs (r)(5), (z)(5), (aa)(5), (dd)(5), 

and (gg)(5) to read as follows: 

APPENDIX A TO PART 70— 

APPROVAL STATUS OF STATE AND 

LOCAL OPERATING PERMITS 

PROGRAMS 

* * * * * 

California 

* * * * * 

(r) * * * 

(5) Revisions were submitted on November 

7, 2011. Approval became effective on 

October 5, 2012. 

* * * * * 

(z) * * * 

(5) Revisions were submitted on August 19, 

2011. Approval became effective on October 

5, 2012. 

* * * * * 

(aa) * * * 

(5) Revisions were submitted on April 21, 

2011. Approval became effective on October 

5, 2012. 

* * * * * 

(dd) * * * 

(5) Revisions were submitted on November 

5, 2010. Approval became effective on 

October 5, 2012. 

* * * * * 

(gg) * * * 

(5) Revisions were submitted on August 19, 

2011. Approval became effective on October 

5, 2012. 

* * * * * 

[FR Doc. 2012–21683 Filed 9–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 86 

[AMS–FRL–9716–5] 

Nonconformance Penalties for OnHighway Heavy-Duty Diesel Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

establish nonconformance penalties 

(NCPs) for manufacturers of heavy 

heavy-duty diesel engines (HHDDE) in 

model years 2012 and later for 

emissions of oxides of nitrogen (NOX) 

because we have found the criteria for 

NCPs and the Clean Air Act have been 

met. The NOX standards to which these 

NCPs apply were established by a rule 

published on January 18, 2001. In 

general, NCPs allow a manufacturer of 

heavy-duty engines (HDEs) whose 

engines do not conform to applicable 

emission standards, but do not exceed a 

designated upper limit, to be issued a 

certificate of conformity upon payment 

of a monetary penalty to the United 

States Government. The upper limit 

associated with these NCPs is 0.50 

grams of NOX per brake horsepowerhour (g/bhp-hr). 

This Final Rule specifies certain 

parameters that are entered into the 

preexisting penalty formulas along with 

the emissions of the engine and the 

incorporation of other factors to 

determine the amount a manufacturer 

must pay. Key parameters that 

determine the NCP a manufacturer must 

pay are EPA’s estimated cost of 

compliance for a near worst-case engine 

and the degree to which the engine 

exceeds the emission standard (as 

measured from production engines). 

EPA proposed NCPs for medium 

heavy duty diesel engines. However, 

EPA is not taking final action with 

regard to NCPs for these engines at this 

time because EPA has not completed its 

review of the data and comments 

regarding these engines. 

DATES: This rule is effective September 

5, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

EPA–HQ–OAR–2011–1000. All 

documents in the docket are listed in 

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

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy in the docket. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the following location: EPA: EPA Docket 

Center, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Chuck Moulis, U.S. EPA, National 

Vehicle and Fuel Emissions Laboratory, 

2000 Traverwood, Ann Arbor, MI 

48105; Telephone (734) 214–4826; 

Email moulis.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities 

This action could affect you if you 

produce or import new heavy-duty 

diesel engines which are intended for 

use in highway vehicles such as trucks 

and buses or heavy-duty highway 

vehicles. The table below gives some 

examples of entities that may be affected 

by these regulations. However, because 

these are only examples, you should 

carefully examine the regulations in 40 

CFR part 86. If you have questions, call 

the person listed in the FOR FURTHER

INFORMATION CONTACT section above. 

Category NAICSa

Codes 

Examples of potentially regulated 

entities 

Industry .................................................................................................................................... 336112 

336120 

Engine and truck manufacturers. 

a North American Industry Classification System (NAICS). 

Table of Contents 

I. Executive Summary 

A. Purpose of This Action 

B. Summary of Today’s Action 

C. Impacts of This Action 

II. Overview and Background 

A. Overview 

B. Statutory Authority 

C. Background Regarding Nonconformance 

Penalty Rules 

D. 2007 and 2010 NOX Standards 

III. Previous Interim Final Rule 

IV. NCP Eligibility 

A. First Criterion—Whether the MY2010 

NOX Standard Is More Stringent than the 

Previous NOX Standard 

B. Second Criterion—Whether Substantial 

Work Will Be Required To Meet the 

MY2010 NOX Standard 

C. Third Criterion—Whether There Is 

Likely To Be a Technological Laggard 

D. Issues Raised by the D.C. Circuit Court 

of Appeals 

V. Penalty Rates 

A. Upper Limit 

B. Cost Parameter Values 

C. Resulting Penalties 

D. Consideration of Other Methodologies 

VI. Economic Impact 

VII. Environmental Impact 

VIII. Emission Standards for Which We Are 

Not Establishing NCPs in This Final Rule 

A. Medium Heavy Duty Diesel NOX

Standards 

B. Light Heavy-Duty Diesel NOX Standards 

C. Heavy-Duty Gasoline Engine Standards 

D. Heavy-duty Diesel Engine NMHC, CO, 

and PM Standards 

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