### 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


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

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—S UBMITTED 

### R ULES

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


### 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 On Highway 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 (NO X ) because we have found the criteria for NCPs and the Clean Air Act have been met. The NO X 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 NO X 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 NAICS a 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 NO X Standards III. Previous Interim Final Rule IV. NCP Eligibility A. First Criterion—Whether the MY2010

NO X Standard Is More Stringent than the Previous NO X Standard B. Second Criterion—Whether Substantial

Work Will Be Required To Meet the MY2010 NO X 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 NO X

Standards B. Light Heavy-Duty Diesel NO X Standards C. Heavy-Duty Gasoline Engine Standards D. Heavy-duty Diesel Engine NMHC, CO,

and PM Standards