### 66421 Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules

Unfunded Mandates

The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private
sector. Catalog of Federal Domestic Assistance Numbers and Titles

The Catalog of Federal Domestic Assistance program numbers and titles for the programs affected by this document are 64.013, Veterans Prosthetic Appliances; 64.100, Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces; and 64.109, Veterans Compensation for Service-Connected Disability. Signing Authority

The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on October 24, 2012,for publication. List of Subjects in 38 CFR Part 3

Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam.

Dated: October 25, 2012. William F. Russo, Deputy Director, Office of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs.

For the reasons set out in the preamble, VA proposes to amend 38 CFR part 3 as follows:

**PART 3—ADJUDICATION**

**Subpart A—Pension, Compensation, and Dependency and Indemnity**  **Compensation**

1. The authority citation for part 3, subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

2. Amend § 3.808 as follows: a. Revise the section heading. b. Redesignate paragraph (b)(4) as (b)(5). c. Add a new paragraph (b)(4). d. Revise the authority citation at the end of paragraph (b).

The addition and revisions read as follows:

**§ 3.808 Automobiles or other conveyances and adaptive equipment; certification.** 
* * * * *

(b) * * * (4) A severe burn injury. For the purposes of this section, a severe burn injury is defined as follows:

(i) Deep partial thickness or fullthickness burns resulting in scar formation that causes contractures and limits motion of one or more extremities or the trunk and precludes effective operation of an automobile.

(5) For adaptive equipment eligibility only, ankylosis of one or both knees or one or both hips.
(Authority: 38 U.S.C. 3901, 3902)
* * * * * [FR Doc. 2012–26607 Filed 11–2–12; 8:45 am]

**BILLING CODE 8320–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–RO1–OAR–2009–0451; A–1–FRL– 9748–1]** 

**Approval and Promulgation of Air Quality Implementation Plans; New**  **Hampshire; Reasonably Available Control Technology for the 1997**  **8-Hour Ozone Standard**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The EPA is proposing to approve State Implementation Plan revisions submitted by the State of New Hampshire. These SIP revisions consist of a demonstration that New Hampshire meets the requirements of reasonably available control technology for oxides of nitrogen and volatile organic compounds set forth by the Clean Air Act with respect to the 1997 8-hour ozone standard, revisions to existing rules controlling these pollutants, and source-specific orders for fifteen individual sources. This action is being taken in accordance with the Clean Air Act.

**DATES :**  Written comments must be received on or before December 5, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. RO1–OAR– 2009–0451 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. Email: arnold.anne@epa.gov.

3. Fax: (617) 918–0047.

4. Mail: ‘‘EPA–RO1–OAR–2009– 0451,’’ Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912.

5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays.
Please see the direct final rule which is located in the Rules Section of this Federal Register for detailed instructions on how to submit
comments.

**FOR FURTHER INFORMATION CONTACT :**  Bob McConnell, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05–2), Boston, MA 02109– 3912, telephone number (617) 918– 1046, fax number (617) 918–0046, email mcconnell.robert@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the Final Rules Section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse
comment.


### 66422 Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules

1 The Phoenix metropolitan area is also a nonattainment area for respirable particulate matter (PM 10); however, the VEI program plays a very minor role in the control strategy for this pollutant. There is no CAA requirement for I/M programs in PM 10 nonattainment areas and no PM 10 reduction credited from EPA’s emission models, MOBILE 6.2 or MOVES.

2 VOC and NOX are precursors to ozone formation in the atmosphere under the influence of sunlight and meteorology. For additional information, see the direct final rule which is located in the Rules Section of this Federal Register

.

Dated: October 19, 2012. H. Curtis Spalding, Regional Administrator, EPA New England.
[FR Doc. 2012–26756 Filed 11–2–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R09–OAR–2011–0552; FRL–9748–9]**

**Approval and Promulgation of Implementation Plans; Arizona; Motor**  **Vehicle Inspection and Maintenance Programs** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve three revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality. Two of these revisions relate to an amendment to Arizona’s Basic and Enhanced Vehicle Emissions Inspection Programs that would exempt motorcycles in the Phoenix metropolitan area from emissions testing requirements. The third revision would expand the geographic area in which various air quality control measures, including the vehicle emissions inspection program but also including other control measures, apply in the Phoenix metropolitan area. EPA is proposing approval of these SIP revisions because we have found that they meet all applicable requirements and would not interfere with reasonable further progress or attainment of any of the national ambient air quality standards. EPA is proposing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans.

**DATES :**  Written comments must be received on or before December 5, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket No. EPA–R09– OAR–2011–0552, by one of the following methods:

1. Federal Rulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments.

2. Email: Jeffrey Buss at buss.jeffrey@epa.gov.

3. Fax: Jeffrey Buss, Air Planning Office (AIR–2), at fax number 415–947–
3579.

4. Mail: Jeffrey Buss, Air Planning Office (AIR–2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California
94105.

5. Hand or Courier Delivery: Jeffrey Buss, Air Planning Section (AIR–2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California 94105. Such deliveries are only accepted during the Regional Office’s normal hours of operation. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–R09–OAR–2011– 0552. 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 the disclosure of which is restricted by statute. Do not submit information through www.regulations.gov or email that you consider to be CBI or otherwise protected from disclosure. The www.regulations.gov Web site is an anonymous access system, which means 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 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, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

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, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Office (AIR–2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105. EPA requests that if at all possible, you contact the person listed in the **FOR**
**FURTHER INFORMATION CONTACT** section to schedule your inspection during normal business hours.

**FOR FURTHER INFORMATION CONTACT :**  Jeffrey Buss, Office of Air Planning, U.S. Environmental Protection Agency, Region 9, (415) 947–4152, email: buss.jeffrey@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.

Table of Contents
I. Introduction and Background II. Summary of Arizona’s SIP Submittals III. EPA Review of the SIP Revisions

A. CAA Procedural Provisions B. I/M Program Requirements 1. Geographic Coverage 2. Vehicle Coverage and Exemptions 3. Compliance Enforcement 4. Performance Evaluation C. Demonstrating Noninterference With

Attainment and Maintenance Under CAA Section 110(l) 1. Ozone 2. Carbon Monoxide 3. Particulate Matter 4. Air Toxics 5. Conclusion IV. EPA’s Proposed Action and Request for Public Comment V. Statutory and Executive Order Reviews I. Introduction and Background

In May 1995, EPA approved Arizona’s Basic and Enhanced Vehicle Emissions Inspection/Maintenance (VEI) Programs as a revision to the Arizona State Implementation Plan (SIP) under the Clean Air Act, as amended in 1990 (CAA or ‘‘Act’’) and EPA’s motor vehicle inspection and maintenance rule (‘‘EPA’s I/M rule’’ or ‘‘federal I/M rule’’) as amended. See 60 FR 22518 (May 8, 1995). A ‘‘basic’’ I/M program was required in the Phoenix metropolitan area (referred to as ‘‘Area A’’) due to the area’s designation as a ‘‘moderate’’ nonattainment area for the carbon monoxide (CO) and the 1-hour ozone national ambient air quality standards (NAAQS or ‘‘standard’’). 1 The VEI program was designed to reduce emissions of CO, volatile organic compounds (VOC) and oxides of nitrogen (NOX). 2 At that time, although