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

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. 

WREIER-AVILES on DSK5TPTVN1PROD with PROPOSALS

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

1The Phoenix metropolitan area is also a 

nonattainment area for respirable particulate matter 

(PM10); 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 

PM10 nonattainment areas and no PM10 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 

WREIER-AVILES on DSK5TPTVN1PROD with PROPOSALS