Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 78193 

M. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. This rule involves creating a 

separate process for reconsideration of 

LORs and falls under section 2.B.2, 

figure 2–1, paragraph (34)(a) of the 

Instruction, which includes regulations 

which are editorial or procedural, such 

as those updating addresses or 

establishing application procedures. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 127 

Fire prevention, Harbors, Hazardous 

substances, Incorporation by reference, 

Natural gas, Reporting and 

recordkeeping requirements, and 

Security measures. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 127 as follows: 

PART 127—WATERFRONT FACILITIES 

HANDLING LIQUEFIED NATURAL GAS 

AND LIQUEFIED HAZARDOUS GAS 

1. The authority citation for part 127 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; Department of Homeland 

Security Delegation No. 0170.1. 

2. Revise § 127.009 to read as follows: 

§ 127.009 Letter of Recommendation. 

(a) After the COTP receives the Letter 

of Intent under § 127.007(a) or (b), the 

COTP issues a Letter of 

Recommendation (LOR) as to the 

suitability of the waterway for LNG or 

LHG marine traffic to the Federal, State, 

or local government agencies having 

jurisdiction for siting, construction, and 

operation, and, at the same time, sends 

a copy to the owner or operator, based 

on the— 

(1) Information submitted under 

§ 127.007; 

(2) Density and character of marine 

traffic in the waterway; 

(3) Locks, bridges, or other man-made 

obstructions in the waterway; 

(4) Following factors adjacent to the 

facility such as— 

(i) Depths of the water; 

(ii) Tidal range; 

(iii) Protection from high seas; 

(iv) Natural hazards, including reefs, 

rocks, and sandbars; 

(v) Underwater pipelines and cables; 

(vi) Distance of berthed vessel from 

the channel and the width of the 

channel; and 

(5) Any other issues affecting the 

safety and security of the waterway and 

considered relevant by the Captain of 

the Port. 

(b) An LOR issued under this section 

is a recommendation from the COTP to 

the agency having jurisdiction as 

described in paragraph (a), and does not 

constitute agency action for the 

purposes of § 127.015 or the 

Administrative Procedure Act (5 U.S.C. 

551 et seq.). 

(c) The owner or operator, or a State 

or local government in the vicinity of 

the facility, may request reconsideration 

as set forth in § 127.010. 

(d) Persons other than the owner or 

operator, or State or local government in 

the vicinity of the facility, may 

comment on the LOR by submitting 

comments and relevant information to 

the agency having jurisdiction, as 

described in paragraph (a), for that 

agency’s consideration in its permitting 

process. 

(e) Paragraphs (c) and (d) of this 

section apply to LORs issued after 

(EFFECTIVE DATE OF FINAL RULE). 

For LORs issued prior to that date, 

persons requesting reconsideration must 

follow the process set forth in § 127.015. 

3. Add § 127.010 to read as follows: 

§ 127.010 Reconsideration of the Letter of 

Recommendation. 

(a) A person requesting 

reconsideration pursuant to § 127.009(c) 

must submit a written request to the 

Captain of the Port (COTP) who issued 

the Letter of Recommendation (LOR), 

and send a copy of the request to the 

agency to which the LOR was issued. 

The request must explain why the COTP 

should reconsider his or her 

recommendation. 

(b) In response to a request described 

in paragraph (a) of this section, the 

COTP will do one of the following— 

(1) Send a written confirmation of the 

LOR to the agency to which the LOR 

was issued, with copies to the person 

making the request and the owner or 

operator; or 

(2) Revise the LOR, and send the 

revised LOR to the agency to which the 

original LOR was issued, with copies to 

the person making the request and the 

owner or operator. 

(c) A person whose request for 

reconsideration results in a 

confirmation as described in paragraph 

(b)(1) of this section, and who is not 

satisfied with that outcome, may 

request, in writing, the opinion of the 

District Commander of the district in 

which the LOR was issued. 

(1) The request must explain why the 

person believes the COTP should 

reconsider his or her recommendation. 

(2) A person making a request under 

paragraph (c) of this section must send 

a copy of the request to the agency to 

which the LOR was issued. 

(3) In response to the request 

described in paragraph (c) of this 

section, the District Commander will do 

one of the following— 

(i) Send a written confirmation of the 

LOR to the agency to which the LOR 

was issued, with copies to the person 

making the request, the owner or 

operator, and the COTP; or 

(ii) Instruct the COTP to reconsider 

the LOR, and send written notification 

of that instruction to the agency to 

which the original LOR was issued, 

with copies to the person making the 

request and the owner or operator. 

(d) The District Commander’s written 

confirmation described in paragraph 

(c)(3)(i) of this section ends the 

reconsideration process with respect to 

that specific request for reconsideration. 

If the COTP issues an LOR pursuant to 

paragraph (b)(2) or (c)(3)(ii) of this 

section, persons described in 

§ 127.009(c) may request 

reconsideration of that revised LOR 

using the process beginning in 

paragraph (a) of this section. 

Dated: December 9, 2011. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2011–32257 Filed 12–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0867–201157(b); 

FRL–9507–2] 

Approval and Promulgation of 

Implementation Plans: Kentucky; 

Visibility Impairment Prevention for 

Federal Class I Areas; Removal of 

Federally Promulgated Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
78194 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 

SUMMARY: EPA is proposing to rescind 

the federally promulgated provisions 

regarding visibility in the Kentucky 

State Implementation Plan (SIP). EPA 

approved Kentucky’s visibility rules 

addressing new source review for 

sources in nonattainment areas on July 

11, 2006. EPA’s approval of these rules 

neglected to remove the previous 

federally promulgated provisions from 

the Federal Implementation Plan. EPA 

is proposing to correct this omission in 

this rulemaking. This action is being 

taken pursuant to the Clean Air Act. In 

the Rules section of this Federal 

Register, EPA is approving Kentucky’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. 

DATES: Written comments must be 

received on or before January 17, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0867 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0867,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 Federal 

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: 

Madolyn S. Dominy, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Dominy may be reached by phone at 

(404) 562–9644 or by electronic mail 

address at dominy.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules section of this Federal Register. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this 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 on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: December 8, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–32170 Filed 12–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0783–201034, FRL– 

9507–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Kentucky; Regional 

Haze State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a limited 

approval and a limited disapproval of 

two revisions to the Kentucky State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Kentucky 

through the Kentucky Energy and 

Environment Cabinet, Division of Air 

Quality (KYDAQ), on June 25, 2008, and 

May 28, 2010, that address regional haze 

for the first implementation period. 

These revisions address the 

requirements of the Clean Air Act (CAA 

or Act) and EPA’s rules that require 

states to prevent any future and remedy 

any existing anthropogenic impairment 

of visibility in mandatory Class I areas 

(national parks and wilderness areas) 

caused by emissions of air pollutants 

from numerous sources located over a 

wide geographic area (also referred to as 

the ‘‘regional haze program’’). States are 

required to assure reasonable progress 

toward the national goal of achieving 

natural visibility conditions in Class I 

areas. EPA is proposing a limited 

approval of these SIP revisions to 

implement the regional haze 

requirements for Kentucky on the basis 

that the revisions, as a whole, 

strengthen the Kentucky SIP. Also in 

this action, EPA is proposing a limited 

disapproval of these same SIP revisions 

because of the deficiencies in the 

Commonwealth’s regional haze SIP 

submittal arising from the remand by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (DC Circuit) to EPA 

of the Clean Air Interstate Rule (CAIR). 

DATES: Comments must be received on 

or before January 17, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–0783, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2009–0783, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2009– 

0783.’’ 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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. 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 


jlentini on DSK4TPTVN1PROD with PROPOSALS