78162 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 7 a.m. to 

11 a.m. and from 1 p.m. to 5 p.m. on 

December 21–22, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email CWO Jon Grob, Prevention 

Department, Coast Guard Sector Lake 

Michigan, telephone (414) 747–7188, 

email address Jon.K.Grob@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930, on all waters 

of the Chicago Sanitary and Ship Canal 

from Mile Marker 296.1 to Mile Marker 

296.7 at the following times: 

(1) On December 21–22, 2011, from 

7 a.m. until 11 a.m. and from 1 p.m. 

until 5 p.m. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers’ dispersal 

barrier maintenance and simultaneous 

operations of Barriers IIA and IIB pose 

risks to life and property. The 

combination of vessel traffic and the 

maintenance operations in the water 

makes the controlling of vessels through 

the impacted portion of the Chicago 

Sanitary and Ship Canal necessary to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR § 165.930 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Captain of the Port, Sector 

Lake Michigan, will also provide notice 

through other means, which may 

include, but are not limited to, 

Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. 

Additionally, the Captain of the Port, 

Sector Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: November 21, 2011. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2011–32258 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(a); 

FRL–9507–3] 

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: Direct final rule. 

SUMMARY: EPA is taking direct final 

action 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 (NSR) 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 (FIP). 

EPA is correcting this omission in this 

rulemaking. This action is being taken 

pursuant to the Clean Air Act (CAA). 

DATES: This rule is effective on February 

14, 2012 without further notice, unless 

EPA receives relevant adverse comment 

by January 17, 2012. If EPA receives 

such comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

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. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2011– 

0867.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://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 http://www.regulations.gov or 

email, information that you consider to 

be CBI or otherwise protected. The 

http://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 http:// 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 78163 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

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 dominy.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background for This Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background for This Action 

On February 20, 1986, the 

Commonwealth of Kentucky submitted 

provisions constituting its plan to 

address visibility impairment in Federal 

Class I areas as a revision to Kentucky’s 

SIP. EPA approved Kentucky’s February 

20, 1986, SIP revision on September 1, 

1989, except for the provisions related 

to the review of new sources in 

nonattainment areas. In that action, EPA 

revised 40 CFR 52.936 to expressly 

reject Kentucky’s proposed 

nonattainment NSR provisions and 

substitute 40 CFR 52.28 by reference. 

On September 2, 2004, and August 23, 

2005, the Commonwealth of Kentucky 

submitted SIP revisions to address 

visibility in its nonattainment NSR 

program. EPA fully approved these SIP 

revisions on July 11, 2006. See 71 FR 

38990. 

The aforementioned SIP revisions 

provide the necessary changes to 

Kentucky’s plan for visibility 

impairment prevention for Class I areas 

from sources in nonattainment areas 

and satisfy EPA’s requirements as set 

forth in 40 CFR 51.307(b) and (c). These 

visibility provisions also satisfy the 

settlement agreement with the 

Environmental Defense Fund, et al., 

Environmental Defense Fund v. 

Gorsuch, No. C–82–6850 RPA (N.D. 

Cal.) (Settlement Agreement), described 

at 49 FR 20647 on May 16, 1984. 

The first part of the Settlement 

Agreement required Kentucky to 

develop visibility NSR and visibility 

monitoring provisions to meet the 

requirements of 40 CFR 51.305 and 

51.307 and submit those provisions to 

EPA by May 6, 1985. This part of the 

Settlement Agreement further required 

EPA to approve the state submittal or to 

promulgate a FIP by January 6, 1986. 

Since Kentucky had not yet submitted a 

final visibility SIP, EPA promulgated a 

Federal program for Kentucky to meet 

the requirements of 40 CFR 51.305 and 

51.307 on February 13, 1986 (51 FR 

5504). The Federal program, which is 

covered by the Federal visibility 

monitoring strategy (40 CFR 52.26) and 

visibility NSR program (40 CFR 52.27 

and 52.28), was promulgated as part of 

the Kentucky SIP. The provisions 

submitted by Kentucky on February 20, 

1986, and approved by EPA on 

September 1, 1989, partially removed 

the Federal promulgation. See 54 FR 

36307. 

The second part of the Settlement 

Agreement required EPA to propose and 

promulgate visibility FIPs addressing 

the general visibility plan provisions 

including implementation control 

strategies (40 CFR 51.302), integral vista 

protection (40 CFR 51.302 through 

51.307), and long-term strategies (40 

CFR 51.306) for those states whose SIPs 

EPA had determined to be inadequate 

with respect to the above provisions (see 

January 23, 1986, notice of deficiency 

(51 FR 3046) and March 12, 1987, notice 

proposing FIPs for deficient state’s 

implementation plans (52 FR 7803)). 

However, as provided in the Settlement 

Agreement, a state could avoid the 

promulgation of said provisions by EPA 

in a FIP if it submitted a visibility SIP 

by August 31, 1987. The 

Commonwealth of Kentucky submitted 

a plan to satisfy the second part of the 

Settlement Agreement on August 31, 

1987, and EPA approved the visibility 

SIP submittal for these elements on July 

12, 1988. See 53 FR 26253. 

As mentioned above, the 

Commonwealth of Kentucky provided a 

SIP revision on February 20, 1986, 

constituting its plan to address visibility 

impairment in Federal Class I areas as 

a revision to Kentucky’s SIP. On 

September 1, 1989, EPA approved 

Kentucky’s SIP revision (submitted on 

February 20, 1986) except for those 

provisions related to the review of new 

sources in nonattainment areas. As a 

result of EPA’s aforementioned 1988 

and 1989 actions, these nonattainment 

NSR provisions were the only remaining 

non-approved provisions in Kentucky’s 

plan to address visibility impairment. 

On September 2, 2004, and August 23, 

2005, the Commonwealth of Kentucky 

submitted rules for addressing visibility 

in its NSR program in nonattainment 

areas. EPA fully approved Kentucky’s 

September 2, 2004, and August 23, 

2005, SIP revisions on July 11, 2006 (71 

FR 38990), but inadvertently did not 

remove the federally-promulgated 

provisions in 40 CFR 52.936. Today’s 

action corrects that oversight. 

II. Final Action 

EPA is taking direct final action to 

correct an omission related to the 

visibility requirements for Kentucky. 

Specifically, EPA is removing the 

previous federally promulgated 

provisions in 40 CFR 52.936 for 

visibility from sources in nonattainment 

areas for Kentucky because the 

Commonwealth later submitted, and 

EPA approved, revisions covering 

visibility requirements for Kentucky. 

EPA is approving the aforementioned 

changes to the Kentucky SIP because 

they are consistent with the CAA and 

Agency requirements. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective February 14, 2012 without 

further notice unless the Agency 

receives adverse comments by January 

17, 2012. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on February 14, 

2012 and no further action will be taken 

on the proposed rule. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 


jlentini on DSK4TPTVN1PROD with RULES
78164 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

those imposed by state law. For that 

reason, this action: 

• Is 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is 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.); 

• Does 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is 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 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 14, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds, Sulfur dioxide. 

Dated: December 8, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation continues to 

read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart S—Kentucky 

§ 52.936 [Removed and Reserved] 

■ 2. Section 52.936 is removed and 

reserved. 

[FR Doc. 2011–32171 Filed 12–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8209] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management aimed at 

protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 


jlentini on DSK4TPTVN1PROD with RULES