41012 Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Proposed Rules 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

in this safety zone is prohibited unless 

authorized by the Captain of the Port, 

Lake Michigan, or his or her designated 

on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic except as permitted by the 

Captain of the Port, Lake Michigan, or 

his or her designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port, Lake Michigan, 

is any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port, 

Lake Michigan, to act or his or her 

behalf. The Captain of the Port, Lake 

Michigan, or his or her designated onscene representative may be contacted 

via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Lake 

Michigan, or his or her designated onscene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port, Lake Michigan, or his or her 

on-scene representative. 

(e) Exemptions. Public vessels, as 

defined in paragraph (c) of this section, 

are exempt from the requirements in 

this section. 

Dated: June 24, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–16391 Filed 7–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R09–OAR–2013–0009; FRL–9832–2] 

Approval of Air Quality Implementation 

Plans; Navajo Nation; Regional Haze 

Requirements for Navajo Generating 

Station; Extension of Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of 

extended comment period. 

SUMMARY: On February 5, 2013, EPA 

proposed a Best Available Retrofit 

Technology (BART) determination for 

oxides of nitrogen (NOX) for the Navajo 

Generating Station (NGS), located on the 

Navajo Nation, and provided a 3-month 

period for public comments, to close on 

May 6, 2013. The Navajo Nation, Gila 

River Indian Community, and other 

affected stakeholders requested a 90-day 

extension of the comment period to 

allow time for stakeholders to develop 

an alternative to EPA’s proposed BART 

determination that achieves greater 

reasonable progress. On March 19, 2013, 

EPA extended the close of the public 

comment period to August 5, 2013. On 

June 10, 2013, EPA signed a notice, 

published in the Federal Register on 

June 19, 2013, of our intent to hold five 

public hearings in the state of Arizona. 

On June 20, 2013, Salt River Project 

(SRP), the operator and co-owner of 

NGS, submitted a letter on behalf of six 

stakeholders, including the Navajo 

Nation and Gila River Indian 

Community, describing the 

development of a stakeholder 

alternative, and requesting another 

extension of the comment period to 

allow the stakeholders additional time 

to finalize their alternative and submit 

it to EPA for consideration in the 

rulemaking process. EPA is extending 

the comment period for this proposed 

rulemaking by 60 days to October 4, 

2013. 

DATES: The comment period for the 

proposed rule published February 5, 

2013, at 78 FR 8274, extended March 

19, 2013, at 78 FR 16825, is further 

extended. Comments on the proposed 

BART determination for NGS must be 

postmarked no later than October 4, 

2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0009, by one of the 

following methods: 

(1) Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

(2) Email: r9ngsbart@epa.gov. 

(3) Mail or deliver: Anita Lee (Air–2), 

U.S. Environmental Protection Agency 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

For more detailed instructions 

concerning how to submit comments on 

this proposed rule, and for more 

information on our proposed rule, 

please see the notice of proposed 

rulemaking, published in the Federal 

Register on February 5, 2013 (78 FR 

8274). 

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 an 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. 

Hearings: EPA intends to schedule 

five public hearings to accept oral and 

written comments on the proposed 

rulemaking. EPA intends to hold the 

public hearings at locations on the 

Navajo Nation and the Hopi Tribe, as 

well as in Page, Phoenix, and Tucson, 

Arizona. EPA will provide notice and 

additional details related to the hearings 

in the Federal Register, on our Web site, 

and in the docket for this proposed 

rulemaking. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 9, 75 Hawthorne Street, 

San Francisco, California. While 

documents in the docket are listed in 

the index, some information may be 

publicly available only at EPA Region 9 

(e.g., maps, voluminous reports, 

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: 

Anita Lee, EPA Region 9, (415) 972– 

3958, r9ngsbart@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Today’s Action 

I. Background 

NGS is a coal-fired power plant 

located on the Navajo Nation Indian 

Reservation, just east of Page, Arizona, 

approximately 135 miles north of 

Flagstaff, Arizona. Emissions of NOX

from NGS affect visibility at 11 National 

Parks and Wilderness Areas that are 

designated as Class I federal areas, 

mandated by Congress to receive 

heightened protection. NGS is subject to 

the BART requirement of the CAA and 

the Regional Haze Rule based on its age 

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Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Proposed Rules 41013 

1See letter dated June 20, 2013 from Kelly J. Barr, 

SRP, to Jared Blumenfeld, EPA, re: Request for 

Extension of the Public Comment Period, Proposed 

Rule—Regional Haze Requirements for Navajo 

Generating Station Docket No. EPA–R09–OAR– 

2013–0009. 

and its effects on visibility in Class I 

areas. 

On February 5, 2013, EPA proposed a 

BART determination to require NGS to 

achieve a nearly 80 percent reduction of 

its current overall NOX emission rate. 

EPA also proposed an alternative to 

BART that would provide flexibility to 

NGS in the schedule for the installation 

of new post-combustion control 

equipment. EPA’s proposed alternative 

to BART credits NGS for its early and 

voluntary installation of new 

combustion controls to reduce NOX

emissions beginning in 2009. EPA, 

therefore, proposed to find that this 

alternative achieves greater reasonable 

progress than BART. 

In recognition that there may be other 

approaches that could result in 

equivalent or better visibility benefits 

than BART, as well as the singular 

importance of NGS to the Navajo 

Nation, Hopi Tribe, the Gila River 

Indian Community, and numerous other 

tribes located in Arizona, EPA also 

outlined a framework for evaluating 

other alternatives to provide greater 

flexibility than EPA’s proposed 

alternative to BART. 

EPA encouraged a robust public 

discussion of our proposed BART 

determination and alternative, as well as 

other possible alternatives, and 

recognized the potential need for a 

supplemental proposal if other 

approaches developed by other parties 

are identified as meeting the needs of 

stakeholders and meeting the 

requirements of the CAA. 

EPA received requests for a 90-day 

extension of the public comment period 

from the Navajo Nation, the Gila River 

Indian Community, and other 

stakeholders, in order to allow 

stakeholders time to develop 

alternatives to BART for EPA’s 

consideration. On March 19, 2013, EPA 

extended the close of the public 

comment period to August 5, 2013 (78 

FR 16825). EPA recognized that the 

stakeholder process, to develop viable 

alternatives to BART that provide 

additional flexibility to the owners of 

NGS while achieving more emission 

reductions to assure greater reasonable 

progress than BART, would require a 

significant amount of time. EPA also 

recognized the critical importance of 

active participation by affected tribes 

located in Arizona in the development 

of alternatives to BART. 

On June 10, 2013, EPA signed a 

notice, published on June 19, 2013, of 

our intent to hold five public hearings 

throughout the state of Arizona (78 FR 

36716). EPA intends to hold hearings at 

one location each on reservation lands 

of the Navajo Nation and Hopi Tribe, 

and in Page, Phoenix, and Tucson, 

Arizona. 

On June 20, 2013, SRP submitted a 

letter, on behalf of six stakeholders, 

requesting another extension of the 

comment period for NGS.1 SRP 

describes working over the past several 

months with representatives from the 

Central Arizona Water Conservation 

District, the Environmental Defense 

Fund, the Gila River Indian Community, 

the Navajo Nation Environmental 

Protection Agency, and the U.S. 

Department of the Interior to develop a 

BART alternative. SRP states that 

although significant progress has been 

made on the development of an 

alternative, additional time is needed to 

finalize their alternative and submit it to 

EPA for consideration in the rulemaking 

process. 

II. Today’s Action 

In today’s action, EPA is extending 

the comment period for our proposed 

BART determination for NGS by 60 

days, to October 4, 2013. EPA is 

granting a 60-day extension to allow 

time for the stakeholders to finalize 

their alternative and submit it to EPA 

for consideration in the rulemaking 

process. 

List of Subjects in 40 CFR Part 49 

Environmental protection, Air 

pollution control, Indians, 

Intergovernmental relations, Nitrogen 

dioxide. 

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

Dated: June 26, 2013. 

Deborah Jordan, 

Air Division Director, Region 9. 

[FR Doc. 2013–16491 Filed 7–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 431 

[CMS–1450–CN] 

RIN 0938–AR52 

Medicare and Medicaid Programs; 

Home Health Prospective Payment 

System Rate Update for CY 2014, 

Home Health Quality Reporting 

Requirements, and Cost Allocation of 

Home Health Survey Expenses 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

proposed rule with comment period 

titled ‘‘Medicare and Medicaid 

Programs; Home Health Prospective 

Payment System Rate Update for CY 

2014, Home Health Quality Reporting 

Requirements, and Cost Allocation of 

Home Health Survey Expenses’’ 

published on July 3, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Elmer Barksdale, (410) 786–1943. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2013–15766, published on 

Wednesday, July 3, 2013 (78 FR 40272), 

there was an error that is identified and 

corrected in the Correction of Errors 

section below. 

II. Summary of Errors 

In section ‘‘VI.G. Accounting 

Statement and Table’’ of the Regulatory 

Impact Analysis section, in the 

Transfers column of Table 31, under the 

heading Medicare HH Survey & 

Certification Costs, we inadvertently 

made a typographical error when we 

listed the amount for the Annualized 

Monetized Transfers. Specifically, we 

stated that the amount was ‘‘¥$18.6 

Million’’ instead of ‘‘$18.6 Million.’’ 

IV. Correction of Errors 

In FR Doc. 2013–15766, published on 

July 3, 2013, on page 40308, in the 

Transfers column of Table 31, under the 

heading Medicare ‘‘HH Survey & 

Certification Costs’’, the amount 

‘‘¥$18.6 Million’’ is corrected to read 

‘‘$18.6 Million.’’ 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

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