Revisions to the California State Implementation Plan, Santa Barbara County Air Pollution Control District, 4862-4863 [2014-01318]
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Proposed Rules
learning because of the additional time
or effort he or she must spend to read,
write, speak, or learn compared to most
people in the general population.
(4) Mitigating measures include, but
are not limited to:
(i) Medication, medical supplies,
equipment, appliances, low-vision
devices (defined as devices that
magnify, enhance, or otherwise augment
a visual image, but not including
ordinary eyeglasses or contact lenses),
prosthetics including limbs and devices,
hearing aid(s) and cochlear implant(s) or
other implantable hearing devices,
mobility devices, and oxygen therapy
equipment and supplies.
(ii) Use of assistive technology;
(iii) Reasonable modifications or
auxiliary aids or services as defined in
this regulation;
(iv) Learned behavioral or adaptive
neurological modifications; or
(v) Psychotherapy, behavioral
therapy, or physical therapy.
(e) Has a record of such an
impairment—(1) General. An individual
has a record of such an impairment if
the individual has a history of, or has
been misclassified as having, a mental
or physical impairment that
substantially limits one or more major
life activities.
(2) Broad construction. Whether an
individual has a record of an
impairment that substantially limited a
major life activity shall be construed
broadly to the maximum extent
permitted by the ADA and should not
demand extensive analysis. An
individual will be considered to fall
within this prong of the definition of
disability if the individual has a history
of an impairment that substantially
limited one or more major life activities
when compared to most people in the
general population, or was misclassified
as having had such an impairment. In
determining whether an impairment
substantially limited a major life
activity, the principles articulated in
§ 36.105(d)(1) apply.
(3) Reasonable modification. An
individual with a record of a
substantially limiting impairment may
be entitled to a reasonable modification
if needed and related to the past
disability.
(f) Is regarded as having such an
impairment. (1) An individual is
‘‘regarded as having such an
impairment’’ if the individual is
subjected to an action prohibited by the
ADA because of an actual or perceived
physical or mental impairment, whether
or not that impairment substantially
limits, or is perceived to substantially
limit, a major life activity, except for an
impairment that is both transitory and
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minor. A transitory impairment is an
impairment with an actual or expected
duration of six months or less.
(2) An individual is ‘‘regarded as
having such an impairment’’ any time a
covered entity takes a prohibited action
against the individual because of an
actual or perceived impairment, even if
the entity asserts, or may or does
ultimately establish, a defense to such
action.
(3) Establishing that an individual is
‘‘regarded as having such an
impairment’’ does not, by itself,
establish liability. Liability is
established under title III of the ADA
only when an individual proves that a
covered entity discriminated on the
basis of disability within the meaning of
title III of the ADA, 42 U.S.C. 12181–
12189.
(g) Exclusions. The term ‘‘disability’’
does not include: (1) Transvestism,
transsexualism, pedophilia,
exhibitionism, voyeurism, gender
identity disorders not resulting from
physical impairments, or other sexual
behavior disorders;
(2) Compulsive gambling,
kleptomania, or pyromania; or
(3) Psychoactive substance use
disorders resulting from current illegal
use of drugs.
Subpart B—General Requirements
10. In § 36.201, add paragraph (c) to
read as follows:
■
§ 36.201
General.
*
*
*
*
*
(c) Claims of no disability. Nothing in
this part shall provide the basis for a
claim that an individual without a
disability was subject to discrimination
because of a lack of disability, including
a claim that an individual with a
disability was granted a reasonable
modification that was denied to an
individual without a disability.
Subpart C—Specific Requirements
11. In § 36.302. add paragraph (g) to
read as follows:
■
§ 36.302 Modifications in policies,
practices, or procedures.
*
*
*
*
*
(g) A covered entity is not required to
provide a reasonable modification to an
individual who meets the definition of
disability solely under the ‘‘regarded as’’
prong of the definition of disability at
§ 36.105(a)(1)(iii).
Dated: January 22, 2014.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2014–01668 Filed 1–29–14; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0725; FRL–9904–01–
Region 9]
Revisions to the California State
Implementation Plan, Santa Barbara
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Santa Barbara County
Air Pollution Control District
(SBCAPCD) portion of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
solvent cleaning machines and
operations, coating of metal parts and
products and polyester resin operations.
We are proposing to approve local rules
to regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Any comments on this proposal
must arrive by March 3, 2014.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0725, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
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 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.
SUMMARY:
E:\FR\FM\30JAP1.SGM
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), 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.
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Jkt 232001
FOR FURTHER INFORMATION CONTACT:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@epa.gov or
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
This
proposal addresses the following local
rules: SBCAPCD Rule 321, Solvent
Cleaning Machines and Solvent
Cleaning, SBCAPCD Rule 330, Surface
Coating of Metal Parts and Products and
SBCAPCD Rule 349, Polyester Resin
Operations. In the Rules and
Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
SUPPLEMENTARY INFORMATION:
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4863
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comments on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: November 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014–01318 Filed 1–29–14; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Proposed Rules]
[Pages 4862-4863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01318]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0725; FRL-9904-01-Region 9]
Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Santa Barbara County Air Pollution Control
District (SBCAPCD) portion of the California State Implementation Plan
(SIP). These revisions concern volatile organic compound (VOC)
emissions from solvent cleaning machines and operations, coating of
metal parts and products and polyester resin operations. We are
proposing to approve local rules to regulate these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: Any comments on this proposal must arrive by March 3, 2014.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0725, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
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 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.
[[Page 4863]]
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, borgia.adrianne@epa.gov or Nancy Levin, EPA Region IX, (415)
972-3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: SBCAPCD Rule 321, Solvent Cleaning Machines and Solvent
Cleaning, SBCAPCD Rule 330, Surface Coating of Metal Parts and Products
and SBCAPCD Rule 349, Polyester Resin Operations. In the Rules and
Regulations section of this Federal Register, we are approving these
local rules in a direct final action without prior proposal because we
believe these SIP revisions are not controversial. If we receive
adverse comments, however, we will publish a timely withdrawal of the
direct final rule and address the comments in subsequent action based
on this proposed rule. Please note that if we receive adverse comments
on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.
Dated: November 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-01318 Filed 1-29-14; 8:45 am]
BILLING CODE 6560-50-P