Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules 17915 

rulemaking and on EPA adequacy web page: http:// 

www.epa.gov/otaq/stateresources/transconf/ 

reg9sips.htm#ca. 

VI. Proposed Action and Request for 

Public Comment 

Under CAA section 110(k)(3), and for 

the reasons set forth above, EPA is 

proposing to approve CARB’s submittal 

dated December 28, 2012 of the 

Redesignation Request and 

Maintenance Plan for the 1997 National 

Ozone Standard for San Diego County 

(December 2012) as a revision to the 

California state implementation plan 

(SIP). In connection with the San Diego 

8-hour maintenance plan, EPA finds 

that the maintenance demonstration 

showing how the area will continue to 

attain the 1997 8-hour ozone NAAQS 

for 10 years beyond redesignation (i.e., 

through 2025) and the contingency 

provisions describing the actions that 

SDAPCD and CARB will take in the 

event of a future monitored violation 

meet all applicable requirements for 

maintenance plans and related 

contingency provisions in CAA section 

175A. EPA is also proposing to approve 

the motor vehicle emissions budgets 

(MVEBs) in the San Diego 8-hour 

maintenance plan (shown in table 7 of 

this document) because we find they 

meet the applicable transportation 

conformity requirements under 40 CFR 

93.118(e). 

Second, under CAA section 

107(d)(3)(D), we are proposing to 

approve CARB’s request, which 

accompanied the submittal of the 

maintenance plan, to redesignate the 

San Diego County 8-hour ozone 

nonattainment area to attainment for the 

1997 8-hour ozone NAAQS. We are 

doing so based on our conclusion that 

the area has met the five criteria for 

redesignation under CAA section 

107(d)(3)(E). Our conclusion in this 

regard is in turn based on our proposed 

determination that the area has attained 

the 1997 ozone NAAQS, that relevant 

portions of the California SIP are fully 

approved, that the improvement in air 

quality is due to permanent and 

enforceable reductions in emissions, 

that California has met all requirements 

applicable to the San Diego 8-hour area 

with respect to section 110 and part D 

of the CAA, and based on our proposed 

approval as part of this action of the San 

Diego 8-hour maintenance plan. 

EPA is soliciting public comments on 

the issues discussed in this document or 

on other relevant matters. We will 

accept comments from the public on 

this proposal for the next 30 days. We 

will consider these comments before 

taking final action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. Redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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, these 

actions merely propose to approve a 

State plan and redesignation request as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those by State law. For these 

reasons, these proposed actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do 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 proposed 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. 

Nonetheless, in accordance with EPA’s 

2011 Policy on Consultation and 

Coordination with Tribes, EPA has 

notified Tribes located within the San 

Diego County 8-hour ozone 

nonattainment. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 14, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–06767 Filed 3–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2012–0233; FRL–9793–7] 

EPA Responses to State and Tribal 

2010 Sulfur Dioxide Designation 

Recommendations: Notice of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of reopening of public 

comment period. 

SUMMARY: The EPA is announcing the 

reopening of the public comment period 

for the EPA’s responses to state and 

tribal designation recommendations for 

the 2010 Sulfur Dioxide National 

Ambient Air Quality Standard. The EPA 

sent the responses directly to the states 

and tribes on or about February 7, 2013. 

On February 15, 2013, the EPA 

published a notice of availability in the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
17916 Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules 

Federal Register that the EPA had 

posted the responses on its Internet Web 

site and the EPA invited public 

comment. In the notice of availability, 

the EPA stated that public comments 

must be received on or before March 18, 

2013. The EPA has received several 

requests from stakeholders for 

additional time to prepare their 

comments. Some of the requesters 

asserted that they needed additional 

time to review the EPA’s response to 

state’s proposed designation and 

prepare their responses due to the 

complexity of the issues impacting their 

area. Taking that into consideration, the 

EPA is reopening the comment period 

until April 8, 2013. The EPA intends to 

make final the designation 

determinations for the areas of the 

country addressed by these responses in 

June 2013. 

DATES: Comments on the notice of 

availability published February 15, 2013 

(78 FR 11124) must be received on or 

before April 8, 2013. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0233, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ–OAR– 

2012–0233. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0233. 

• Mail: Air Docket, Attention Docket 

ID No. EPA–HQ–OAR–2012–0233, 

Environmental Protection Agency, Mail 

Code: 6102T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Avenue NW., Room 

3334, Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2012– 

0233. The EPA’s policy is that all 

comments received 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 information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk you submit. 

If the EPA is unable to read your 

comment and cannot contact you for 

clarification due to technical 

difficulties, the EPA may not be able to 

consider your input. Electronic files 

should avoid the use of special 

characters, any form of encryption, and 

be free of any defects or viruses. For 

additional information about the EPA’s 

public docket, visit the EPA Docket 

Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Avenue 

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 Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please contact Rhonda Wright, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Air Quality Planning 

Division, C539–04, Research Triangle 

Park, NC 27711, telephone (919) 541– 

1087, email at wright.rhonda@epa.gov. 

For questions regarding areas in EPA 

Region 1, please contact Donald Dahl, 

U.S. EPA, telephone (617) 918–1657, 

email at dahl.donald@epa.gov. For 

questions regarding areas in EPA Region 

2, please contact Kenneth Fradkin, U.S. 

EPA, telephone (212) 637–3702, email at 

fradkin.kenneth@epa.gov. For questions 

regarding areas in EPA Region 3, please 

contact Irene Shandruk, U.S. EPA, 

telephone (215) 814–2166, email at 

shandruk.irene@epa.gov. For questions 

regarding areas in EPA Region 4, please 

contact Lynorae Benjamin, U.S. EPA, 

telephone (404) 562–9040, email at 

benjamin.lynorae@epa.gov. For 

questions regarding areas in EPA Region 

5, please contact John Summerhays, 

U.S. EPA, telephone (312) 886–6067, 

email at summerhays.john@epa.gov. For 

questions regarding areas in EPA Region 

6, please contact Dayana Medina, U.S. 

EPA, telephone (214) 665–7241, email at 

medina.dayana@epa.gov. For questions 

regarding areas in EPA Region 7, please 

contact Larry Gonzalez, U.S. EPA, 

telephone (913) 551–7041, email at 

gonzalez.larry@epa.gov. For questions 

regarding areas in EPA Region 8, please 

contact Crystal Ostigaard, U.S. EPA, 

telephone (303) 312–6602, email at 

ostigaard.crystal@epa.gov. For questions 

regarding areas in EPA Region 9, please 

contact John Kelly, U.S. EPA, telephone 

(415) 947–4151, email at 

kelly.johnj@epa.gov. For questions 

regarding areas in EPA Region 10, 

please contact Steve Body, U.S. EPA, 

telephone (206) 553–0782, email at 

body.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Instructions for Submitting Public 

Comments and Internet Web Site for 

Rulemaking Information 

A. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI in a 

disk or CD–ROM that you mail to the 

EPA, mark the outside of the disk or 

CD–ROM as CBI and then identify 

electronically within the disk or CD– 

ROM the specific information that is 

claimed as confidential business 

information. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: Roberto Morales, 

U.S. EPA, Office of Air Quality Planning 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules 17917 

and Standards, Mail Code C404–02, 

Research Triangle Park, NC 27711, 

telephone (919) 541–0880, email at 

morales.roberto@epa.gov, Attention 

Docket ID No. OAR–2012–0233. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

B. Where can I find additional 

information for this rulemaking? 

The EPA has also established a Web 

site for this rulemaking at http:// 

www.epa.gov/so2designations. The Web 

site includes the EPA’s state and tribal 

designation recommendations, 

information supporting the EPA’s 

preliminary designation decisions, as 

well as the rulemaking actions and other 

related information that the public may 

find useful. 

Dated: March 19, 2013. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2013–06649 Filed 3–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 10 

[Docket No. USCG–2013–0009] 

Medical Waivers for Merchant Mariner 

Credential Applicants With a History of 

Seizure Disorders 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed policy 

change and request for comments. 

SUMMARY: The Coast Guard is seeking 

public comment regarding criteria for 

granting medical waivers to merchant 

mariners with a history of seizure 

disorders. Coast Guard regulations 

provide that convulsive disorders (also 

known as seizure disorders) are 

conditions that may lead to 

disqualification for a merchant mariner 

credential (MMC). Because a significant 

number of merchant mariner applicants 

have suffered from seizure disorders, it 

is important for the Coast Guard to 

develop and publish clear guidance 

regarding how such MMC applicants are 

evaluated. Prior to issuing a policy 

change on when waivers should be 

granted for seizure disorders, the Coast 

Guard will accept comments from the 

public on whether the proposed criteria 

adequately address safety concerns. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 24, 2013 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2013–0009 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’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice, 

call or email Lieutenant Ashley Holm, 

Mariner Credentialing Program Policy 

Division (CG–CVC–4), U.S. Coast Guard, 

telephone 202–372–1128, email 

MMCPolicy@uscg.mil. If you have 

questions on viewing material in the 

docket, call Docket Operations at 202– 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

You may submit comments and 

related material regarding this proposed 

policy change. All comments received 

will be posted, without change, to 

http://www.regulations.gov and will 

include any personal information you 

have provided. 

Submitting comments: If you submit a 

comment, please include the docket 

number for this notice (USCG–2013– 

0009) and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an email address, or a 

telephone 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 and use 

‘‘USCG–2013–0009’’ as your search 

term. Locate this notice in the results 

and click the corresponding ‘‘Comment 

Now’’ box to submit your comment. 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, self-addressed 

postcard or envelope. 

We will consider all comments and 

material received during the comment 

period. 

Viewing the comments: To view 

comments, as well as documents 

mentioned in this notice as being 

available in the docket, go to http:// 

www.regulations.gov and use ‘‘USCG– 

2013–0009’’ as your search term. Use 

the filters on the left side of the page to 

highlight ‘‘Public Submissions’’ or other 

document types. If you do not have 

access to the Internet, you may view the 

docket online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act: Anyone can search the 

electronic form of comments received 

into any of our dockets by the name of 

the individual submitting the comment 

(or signing the comment, if submitted 

on behalf of an association, business, 

labor union, etc.). You may review a 

Privacy Act system of records notice 

regarding our public dockets in the 

January 17, 2008 issue of the Federal 

Register (73 FR 3316). 

Background and Purpose 

Coast Guard regulations in 46 CFR 

10.215 contain the medical standards 

that merchant mariner applicants must 

meet prior to being issued an MMC. In 

cases where the MMC applicant does 

not meet the medical standards in 46 

CFR 10.215, the Coast Guard may issue 

a waiver when extenuating 

circumstances exist that warrant special 

consideration (46 CFR 10.215(g)). 

On September 15, 2008, the Coast 

Guard issued Navigation and Vessel 

Inspection Circular (NVIC) 04–08, 

‘‘Medical and Physical Evaluation 

Guidelines for Merchant Mariner 


srobinson on DSK4SPTVN1PROD with PROPOSALS