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

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


### 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


### 17917 Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules

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 8 1 ⁄ 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