71758 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules

SUMMARY: This document cancels a SUMMARY: The Coast Guard proposes to document to which each comment public hearing on proposed regulations establish a series of temporary regulated applies, and give the reason for each concerning the definition and tax navigation areas, security zones and comment. Please submit all comments treatment of a stapled foreign temporary anchorage areas on the St. and related material in an unbound corporation, which generally is treated Johns River, Jacksonville, FL, from format, no larger than 81⁄2 by 11 inches, for tax purposes as a domestic Winter Point to the Intracoastal suitable for copying. If you would like corporation under section 269B of the Waterway, for Super Bowl XXXIX to know that your submission reached Internal Revenue Code. activities and events. The river will be us, please enclose a stamped, self- DATES: The public hearing originally divided into two regulated navigation addressed postcard or envelope. We will scheduled for December 15, 2004 at 10 areas and four security zones in order to consider all comments and material a.m., is cancelled. provide increased layered security in received during the comment period. FOR FURTHER INFORMATION CONTACT: close proximity to the downtown area of We may change this proposed rule in LaNita Van Dyke of the Publications and the river. Additionally, the size of view of them. Regulations Branch, Legal Processing existing fixed security zones around If, as we anticipate we make this Division, Associate Chief Counsel docked cruise ships will be increased. temporary final rule effective less than (Procedures and Administration), at Existing anchorage grounds will be 30 days after publication in the Federal (202) 622–7180 (not a toll-free number). modified and temporary anchorages will Register, we will explain in that publication, as required by 5 U.S.C. SUPPLEMENTARY INFORMATION: A notice be added to accommodate the vessel (d)(3), our good cause for doing so. of proposed rulemaking and notice of traffic expected during the Super Bowl public hearing that appeared in the events. The regulated navigation areas, Public Meeting Federal Register on Tuesday, September security zones and temporary anchorages are necessary to protect We do not plan to hold a public 7, 2004, (69 FR 54067), announced that meeting. The United States Coast Guard, a public hearing was scheduled for national security interests and the safety of navigation during Super Bowl events. along with other state and federal law December 15, 2004, at 10 a.m., in the enforcement agencies, has conducted IRS Auditorium, Internal Revenue These areas will be enforced at various designated time periods beginning numerous outreach meetings with port Service Building, 1111 Constitution users and the affected maritime Avenue, NW., Washington, DC. The February 2, 2005, through February 7, 2005. Entry into the security zones will community regarding port restrictions. subject of the public hearing is under However, you may submit a request for section 269B of the Internal Revenue be prohibited to all persons and vessels unless authorized by the Coast Guard a meeting by writing to Coast Guard Code. Marine Safety Office Jacksonville at the The public comment period for these Captain of the Port Jacksonville or his designated representatives. address under ADDRESSES explaining regulations expired on December 6, why one would be beneficial. If we DATES: 2004. The notice of proposed Comments and related material determine that one would aid this rulemaking and notice of public must reach the Coast Guard on or before rulemaking, we will hold one at a time hearing, instructed those interested in January 10, 2005. and place announced by a separate testifying at the public hearing to submit ADDRESSES: You may mail comments notice in the Federal Register. a request to speak and an outline of the and related material to Coast Guard topics to be addressed. As of Tuesday, Marine Safety Office Jacksonville, 7820 Background and Purpose December 7, 2004, no one has requested Arlington Expressway, Suite 400, In light of terrorist attacks on New to speak. Therefore, the public hearing Jacksonville, FL, 32211. Coast Guard York City and the Pentagon in scheduled for December 15, 2004, is Marine Safety Office Jacksonville Arlington, VA, on September 11, 2001, cancelled. maintains the public docket for this and the continuing concern for future rulemaking. Comments and material Cynthia E. Grigsby, terrorist and or subversive acts against received from the public, as well as Acting Chief, Publications and Regulations the United States, especially at high Branch, Legal Processing Division, Associate documents indicated in this preamble as visibility events where a large number Chief Counsel (Procedures and being available in the docket, will of persons are likely to congregate, the Administration). become part of this docket and will be Coast Guard proposes to establish [FR Doc. 04–27160 Filed 12–7–04; 3:13 pm] available for inspection or copying at temporary regulated navigation areas BILLING CODE 4830–01–P Coast Guard Marine Safety Office and security zones in certain waters of Jacksonville, 7820 Arlington the St. Johns River. Expressway, Suite 400, Jacksonville, FL, The Super Bowl is a sporting event, DEPARTMENT OF HOMELAND 32211, between 8 a.m. and 4 p.m., hosted each year in a different city in SECURITY Monday through Friday, except Federal the United States, sponsored by the Holidays. National Football League (NFL). Super Coast Guard FOR FURTHER INFORMATION CONTACT: Bowl XXXIX will be held in Lieutenant James Tedtaotao at Coast Jacksonville, FL, on Sunday, February 6, 33 CFR Parts 110 and 165 Guard Marine Safety Office Jacksonville, 2005, at ALLTEL Stadium. Security FL, tel: (904) 232–2640 ext 111. measures for Super Bowl XXXIX and [CGD07–04–090] SUPPLEMENTARY INFORMATION: the events preceding it, including RIN 1625–AA11, 1625–AA87, 1625–AA01 temporary regulated navigation areas, Request for Comments security zones and anchorages proposed Regulated Navigation Areas, Security We encourage you to participate in herein, are necessary from February 2, Zones, and Temporary Anchorage this rulemaking by submitting 2005, to February 7, 2005, and are Areas; St. Johns River, Jacksonville, comments and related material. If you needed to safeguard the maritime FL do so, please include your name and transportation infrastructure, the public, AGENCY: Coast Guard, DHS. address, identify the docket number for and designated participants from this rulemaking (CGD07–04–090), potential acts of violence or terrorism ACTION: Notice of proposed rulemaking. indicate the specific section of this during Super Bowl XXXIX activities.

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The planning for these regulated zones and temporary anchorage representatives, north bank to south navigation areas and security zones has regulations by a local notice to mariners. bank, between JEA Park and the been conducted in conjunction with No commercial vessels will be Transportation Hub, to be enforced federal, state and local law enforcement permitted to anchor between the Fuller Sunday, February 6, 2005, from 11:59 agencies. There is significant national Warren Bridge and the Matthews a.m. (EST) until Monday, February 7, at security interest during the Super Bowl Bridge. 3 a.m. (EST). in protecting the waterways In addition to the regulated navigation The temporary security zones surrounding downtown Jacksonville, areas described as (1) and (2), the described as (3), (4), (5) and (6) prohibit cruise ships, nearby vessels, and the following temporary security zones the transport or possession on vessels of public from destruction, loss, or injury described as (3), (4), (5) and (6) are certain dangerous cargo as defined in 33 from sabotage or other subversive acts, proposed for the waters of the St. Johns CFR 160.204. accidents or other causes of a similar River. Security Zone (3): the waters Regulations currently exist at 33 CFR nature. between the Fuller Warren Bridge and 165.759 which establish 100 yard These proposed regulations include the Matthews Bridge to be enforced moving security zones around all cruise amends of existing security zones Friday, February 4, 2005, beginning at ships entering or departing the Port of established at 33 CFR 165.759 to 11:59 p.m. (EST) until Monday, Jacksonville, Florida. Fixed security increase the fixed security zones around February 7, 2005, at 3 a.m. (EST). Vessel zones are established 100 yards around cruise ships docked at the Talleyrand operators entering the security zone all cruise ships docked in the Port of Marine Terminal and the Jacksonville outlined as (3) must receive express Jacksonville. This proposed regulation Cruise Ship Passenger Terminal from permission from local, state or federal temporarily suspends these security 100 yards to 400 yards. enforcement personnel designated by zones and replaces them with a 400 These proposed regulations also the Captain of the Port; not transport or yard security zone for all cruise ships amend existing anchorage regulations possess certain dangerous cargo as docked at the Talleyrand Marine established at 33 CFR 110.183 by defined in 33 CFR 160.204; and not Terminal and Jacksonville Cruise Ship removing Anchorage A, modifying operate or place in the water jet skis or Passenger Terminal to be enforced Anchorage B, and establishing various other motorized personal watercraft at Wednesday, February 2, 2005, temporary anchorages marked by buoys. any time while this security zone, or commencing at 6 a.m. (EST) until Some of the temporary anchorages will security zones (4), (5) and (6) are in Monday, February 7, 2005, at 11:59 p.m. be exclusively for use by small effect. Vessel operators may not enter or (EST). recreational vessels and others will be remain in the security zone outlined as for larger recreational vessels and (3) without completing a satisfactory These proposed regulations also commercial vessels. security screening. amend existing anchorage regulations Discussion of Proposed Rule Security Zones (4), (5) and (6) are established at 33 CFR 110.183 which smaller zones located geographically regulate the anchoring of vessels on the The Coast Guard proposes to establish St. Johns River from the Main Street regulated navigation areas and security within security zone (3) which will be enforced at various times and present Bridge to the ocean. The rule proposes zones on the St. Johns River, to amend the regulations to temporarily Jacksonville, FL, to include the waters additional restrictions. Security zone (4): a 25-yard zone (entry prohibited close Anchorage A and reduce the size from Winter Point to the Intracoastal of Anchorage B. Further, anchoring Waterway. The regulated navigation without prior approval by the Captain of anywhere between the Fuller Warren areas and security zones are necessary the Port or his designated Bridge and the Matthews Bridge will be to protect national security interests representatives) around the passenger limited to recreational vessels 40 feet or during Super Bowl XXXIX and for the terminals at JEA Park and the less in length within marked areas to be safety of navigation on the waterway. Transportation Hub, to be enforced identified by temporary buoys. Rafting Temporary regulated navigation areas Wednesday, February 2, 2005, of vessels outboard of one another in are proposed from Wednesday, February commencing at 6 a.m. (EST) until these marked areas will be limited to 20 2, 2005, commencing at 6 a.m. (EST) Monday, February 7, 2005, at 11:59 a.m. rafted vessels. Anchorage B will be until Monday, February 7, 2005 at 6 (EST). reduced in size and will retain its p.m. (EST) for: (1) Winter Point to the Security zone (5): A ‘‘no move’’ zone existing restrictions. In addition to Matthews Bridge and (2) the Matthews (in addition to permission to enter the anchoring availability in Anchorage B, Bridge to St. Johns Bluff Reach. zone, all vessels will be required to All vessels entering the regulated obtain approval by the Captain of the recreational vessels in excess of 40 feet navigation areas must comply with Port or his designated representatives in length and commercial vessels may orders from the Coast Guard Captain of prior to getting underway from the pier seek Captain of the Port permission to the Port, Jacksonville, Florida, or that or anchorage, including vessels which anchor north of the Matthews Bridge officer’s designated representatives, and previously received permission to enter within marked areas to be identified by accordingly regulate their course, the zone) on the north bank of the St. temporary buoys. The Captain of the direction and movements within the Johns River from the Main Street Bridge Port Jacksonville, Florida, will continue regulated navigation areas. Vessels must to the Hart Bridge, extending 25 yards to notify the maritime community of the exercise continuous transit at minimum offshore, to be enforced Sunday, periods during which the regulated safe speed while within 400 yards of the February 6, 2005, beginning at 11:59 navigation areas and security zones will federal channel as marked by buoys and a.m. (EST) until Monday, February 7, be effective. Broadcast notifications will day boards. 2005 at 3 a.m. (EST). be made to the maritime community The public will be reminded of the Security zone (6): Restricts entry into advising them of the boundaries of these locations and effective periods of the the zone without prior approval by the zones. regulated navigation areas, security Captain of the Port or his designated BILLING CODE 4910–15–P

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BILLING CODE 4910–15–C

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Regulatory Evaluation allowed to transit after obtaining aggregate, or by the private sector of This proposed rule is not a authorization from the Captain of the $100,000,000 or more in any one year. ‘‘significant regulatory action’’ under Port or his designated representatives. Though this proposed rule would not section 3(f) of Executive Order 12866, All vessels carrying certain dangerous result in such an expenditure, we do Regulatory Planning and Review, and cargo as defined in 33 CFR 160.204 will discuss the effects of this rule elsewhere does not require an assessment of be prohibited from transiting the in this preamble. security zones. Based upon consultation potential costs and benefits under Taking of Private Property section 6(a)(3) of that Order. The Office with local industry representatives it of Management and Budget has not has been determined there is no regular This proposed rule would not affect a reviewed it under that Order. It is not traffic of such vessels on the St Johns taking of private property or otherwise ‘‘significant’’ under the regulatory River through the area of the anticipated have taking implications under security zones and no such traffic is policies and procedures of the Executive Order 12630, Governmental Department of Homeland Security expected. If you think that your business, Actions and Interference with (DHS). organization, or governmental Constitutionally Protected Property We expect the economic impact of Rights. this proposed rule to be so minimal that jurisdiction qualifies as a small entity a full Regulatory Evaluation under the and that this rule would have a Civil Justice Reform regulatory policies and procedures of significant economic impact on it, This proposed rule meets applicable DHS is unnecessary. Although the please submit a comment (see standards in sections 3(a) and 3(b)(2) of regulated navigation areas apply to a ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice large section of the St. Johns River, qualifies and how and to what degree Reform, to minimize litigation, traffic will be allowed to pass through this rule would economically affect it. eliminate ambiguity, and reduce the zones with the permission of the Assistance for Small Entities burden. Captain of the Port Jacksonville or his Under section 213(a) of the Small designated representatives. Business Regulatory Enforcement Protection of Children Additionally, the Coast Guard has Fairness Act of 1996 (Public Law 104– We have analyzed this proposed rule consulted with industry representatives 121), we want to assist small entities in under Executive Order 13045, to obtain concurrence with the proposed understanding this proposed rule so that Protection of Children from rule and has attended public meetings they can better evaluate its effects on Environmental Health Risks and Safety with recreational boaters to discuss them and participate in the rulemaking. impact of the proposed rule. Before the If the proposed rule would affect your Risks. This rule is not an economically effective period, the Coast Guard will small business, organization, or significant rule and would not create an issue maritime advisories widely governmental jurisdiction and you have environmental risk to health or risk to available to users of the river. questions concerning its provisions or safety that might disproportionately affect children. Small Entities options for compliance, please contact Lieutenant James Tedtaotao at the Under the Regulatory Flexibility Act Indian Tribal Governments address listed in ADDRESSES above. The (5 U.S.C. 601–612), we have considered Coast Guard will not retaliate against This proposed rule does not have whether this proposed rule would have small entities that question or complain tribal implications under Executive a significant economic impact on a about this rule or any policy or action Order 13175, Consultation and substantial number of small entities. of the Coast Guard. Coordination with Indian Tribal The term ‘‘small entities’’ comprises Governments, because it would not have small businesses, not-for-profit Collection of Information a substantial direct effect on one or organizations that are independently This proposed rule would call for no more Indian tribes, on the relationship owned and operated and are not new collection of information under the between the Federal Government and dominant in their fields, and Paperwork Reduction Act of 1995 (44 Indian tribes, or on the distribution of governmental jurisdictions with U.S.C. 3501–3520). power and responsibilities between the populations of less than 50,000. Federal Government and Indian tribes The Coast Guard certifies under 5 Federalism U.S.C. 605(b) that this proposed rule A rule has implications for federalism Energy Effects would not have a significant economic under Executive Order 13132, impact on a substantial number of small Federalism, if it has a substantial direct We have analyzed this proposed rule entities. This proposed rule would affect effect on State or local governments and under Executive Order 13211, Actions the following entities, some of which would either preempt State law or Concerning Regulations That might be small entities: the owners or impose a substantial direct cost of Significantly Affect Energy Supply, operators of vessels intending to transit compliance on them. We have analyzed Distribution, or Use. We have or anchor in portions of the St. Johns this proposed rule under that Order and determined that it is not a ‘‘significant River at various times between February have determined that it does not have energy action’’ under that order because 2, 2005 and February 7, 2005. implications for federalism. it is not a ‘‘significant regulatory action’’ These regulations would not have a under Executive Order 12866 and is not significant economic impact on a Unfunded Mandates Reform Act likely to have a significant adverse effect substantial number of small entities for The Unfunded Mandates Reform Act on the supply, distribution, or use of the following reasons. Each area, zone of 1995 (2 U.S.C. 1531–1538) requires energy. The Administrator of the Office or anchorage restriction in this rule will Federal agencies to assess the effects of of Information and Regulatory Affairs only be in effect for a limited duration. their discretionary regulatory actions. In has not designated it as a significant With the exception of vessels carrying particular, the Act addresses actions energy action. Therefore, it does not certain dangerous cargo as defined in 33 that may result in the expenditure by a require a Statement of Energy Effects CFR 160.204, vessels will still be State, local, or tribal government, in the under Executive Order 13211.

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Technical Standards PART 110—ANCHORAGE (e) Temporary anchorages. (1) Five temporary anchorage areas will be The National Technology Transfer REGULATIONS established in the waters of the St. Johns and Advancement Act (NTTAA) (15 1. The authority citation for part 110 River between the Fuller Warren Bridge U.S.C. 272 note) directs agencies to use continues to read as follows: and the southern end of Anchorage B to voluntary consensus standards in their exclusively accommodate recreational regulatory activities unless the agency Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 2071; 33 CFR 1.05–1(g; vessels, 40 feet in length or less, for provides Congress, through the Office of Department of Homeland Security Delegation various events during the effective Management and Budget, with an No. 0170.1. period. Vessels must seek authorization explanation of why using these from the Captain of the Port prior to standards would be inconsistent with 2. From 6 a.m.(EST) on February 2, anchoring. Up to twenty recreational applicable law or otherwise impractical. 2005 until 11:59 p.m. (EST) on February vessels may raft outboard of one Voluntary consensus standards are 7, 2005, in § 110.183, paragraphs (a) and another. Buoys will mark all temporary technical standards (e.g., specifications (b) are suspended in their entirety and anchorage areas. of materials, performance, design, or new paragraphs (c), (d) and (e) are (2) Several temporary anchorage areas operation; test methods; sampling added to read as follows: will be established in the waters north procedures; and related management § 110.183 St. Johns River, Florida. of the Matthews Bridge to accommodate systems practices) that are developed or * * * * * larger recreational vessels and adopted by voluntary consensus (c) Anchorage B. (Lower Anchorage) commercial vessels. Buoys will mark all standards bodies. The Anchorage is established within the temporary anchorage areas. This proposed rule does not use following coordinates, the area enclosed technical standards. Therefore, we did by a line starting at a point on the PART 165—REGULATED NAVIGATION not consider the use of voluntary eastern shore of the river at ‘Floral Bluff’ AREAS AND LIMITED ACCESS AREAS consensus standards. at 30°21′00″ N, 081°36′41″ W; thence to ° ′ ″ ° ′ ″ 3. The authority citation for part 165 Environment 30 20 50 N, 081 37 08 W in vicinity of continues to read as follows: buoy G″75″; thence to 30°21′50″ N, We have analyzed this proposed rule 081°36′56″ W; thence to 30°21′54″ N, Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. under Commandant Instruction 081°36′48″ W; thence returning to the Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub L. M16475.lD, which guides the Coast point of beginning. Guard in complying with the National 107–295, 116 Stat. 2064; Department of (d) Regulations. (1) Except in case of Homeland Security Delegation No. 0170.1. Environmental Policy Act of 1969 emergency, only vessels meeting the (NEPA)(42 U.S.C. 4321–4370f), and conditions of this paragraph will be 4. From February 2, 2005, at 6 a.m. have concluded that there are no factors authorized by the Captain of the Port to (EST) until February 7, 2005, at 11:59 in this case that would limit the use of anchor in Anchorage B. Vessels unable p.m. (EST) in § 165.759, paragraph (a) is a categorical exclusion under section to meet any of the following restrictions suspended and a new paragraph (e) is 2.B.2 of the Instruction. Therefore, this must obtain specific authorization from added to read as follows: rule is categorically excluded, under the Captain of the Port prior to § 165.759 Security Zones; Ports of figure 2–1, paragraphs (34)(f) and (g), of anchoring in Anchorage B. the Instruction, from further Jacksonville, Fernandina, and Canaveral, (2) All vessels intending to enter and Florida. environmental documentation. As anchor in Anchorage B must notify the anchorage regulations, regulated * * * * * Captain of the Port prior to entering. navigation areas and security zones, the (e) Regulated area. (1) Moving (3) Anchorage B is a temporary proposed rules satisfy the requirements Security zones are established around anchorage. Additionally, Anchorage B is of paragraphs 34(f) and (g). all tank vessels, cruise ships, and used as a turning basin. Vessels may not military pre-positioned ships during Under figure 2–1, paragraphs (34)(f) anchor for more than 24 hours without and (g) of the Instruction, an transits entering or departing the ports specific written authorization from the of Jacksonville, Fernandina, and ‘‘Environmental Analysis Check List’’ Captain of the Port. and a ‘‘Categorical Exclusion Canaveral, Florida. These moving (4) All vessels at anchor must security zones are activated when the Determination’’ are not required for this maintain a watch on VHF-FM channels rule. Comments on this section will be subject vessels pass the St. Johns River 13 and 16 by a person fluent in English, Sea Buoy, at approximate position considered before we make the final and must make a security broadcast on ° ′ ″ ° ′ ″ decision on whether to categorically 30 23 35 N, 81 19 08 W, when channel 13 upon anchoring and every 4 entering the port of Jacksonville, or pass exclude this rule from further hours thereafter. environmental review. port Canaveral Channel Entrance Buoys (5) Anchorage B is restricted to #3 or #4, at respective approximate List of Subjects vessels with a draft of 24 feet or less, positions 28°22.7′ N, 80°31.8′ W, and regardless of length. ° ′ ° ′ 33 CFR Part 110 28 23.7 N, 80 29.2 W when entering (6) Any vessel transferring petroleum Port Canaveral. Fixed security zones are Anchorage grounds. products within Anchorage B must have established 100 yards around all tank a pilot or Docking Master aboard, and 33 CFR Part 165 vessels and military pre-positioned employ sufficient assist tugs to assure ships docked in the Ports of Harbors, Marine safety, Navigation the safety of the vessel at anchor and Jacksonville, Fernandina, and (water), Reporting and recordkeeping any vessels transiting the area. Canaveral, Florida. requirements, Security measures, (7) Any vessel over 300 feet in length (2) Fixed security zones are Waterways. within Anchorage B must have a pilot established 100 yards around all cruise For the reasons discussed in the or Docking Master onboard, and employ ships docked in the Ports of preamble, the Coast Guard proposes to sufficient assist tugs to assure the safety Jacksonville, Fernandina, and amend 33 CFR parts 110 and 165 as of the vessel at anchor and any vessels Canaveral, Florida except for security follows: transiting the area. zones around vessels docked at the

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Talleyrand Marine Terminal and the (4) Security Zone, St. Johns River, particular vessel to maintain Jacksonville Cruise Ship Passenger Passenger terminals at JEA Park and the steerageway. A vessel is not proceeding Terminal in the Port of Jacksonville that Transportation Hub— (i) Area. All at minimum safe speed if it is: extend 400 yards around cruise ships. waters extending 25 yards into the river (1) On a plane; 5. Temporarily add § 165.T07–090 to and following the contour of the (2) In the process of coming up onto read as follows: southern bank of the river between or coming off a plane; or 30°19.04′ N, 081°38.59′ W and 30°18.53′ (3) Creating an excessive wake. § 165.T07–090 Regulated Navigation Areas N, 081°38.40′ W, and all waters Motorized personal watercraft means and Security Zones; St. Johns River, extending 25 yards into the river and vessels less than 16 feet in length which Jacksonville, FL. following the contour of the northern are designed to be operated by a person (a) Locations—(1) Regulated bank of the river between 30°19.16′ N, or persons sitting, standing, or kneeling navigation area; Winter Point to the 081°38.50′ W and 30°19.16′ N, on the craft, rather than within the Matthews Bridge—(i) Area. All waters, 081°38.41′ W. confines of a hull. shore-to-shore and surface to bottom, (ii) Enforcement period. The security (c) Regulations—(1) Regulated between an imaginary line drawn zone in paragraph (a)(4)(i) will be navigation areas. The regulations in between Winter Point (30°18′36″ N, enforced from 6 a.m. on February 2, paragraph (c)(1) apply to the area in 81°40′36″ W), south through Winter 2005, until 11:59 a.m. on February 7, paragraphs (a)(1) and (a)(2) of this Point Light 1 (30°17′48″ N, 81°40′24″ W) 2005. section. to Point La Vista (30°16′42″ N, 81°39′48″ (5) Security Zone, St. Johns River, (i) All vessels and persons entering W), and the Matthews bridge, excluding Main Street Bridge to the Hart Bridge— and transiting through the regulated the waters of the Arlington River east of (i) Area. All waters extending 25 yards navigation area must proceed an imaginary line between 30°19′12″ N, into the river and following the contour continuously and at a minimum safe 81°36′42″ W and 30°19′00″ N, 81°36′48″ of the northern bank of the river, speed. In no instance should minimum W. between the Main Street Bridge and the safe speed be interpreted as a speed less than that required for a particular vessel (ii) Enforcement period. The regulated Hart Bridge. to maintain steerageway. Nothing in this navigation area in paragraph (a)(1)(i) (ii) Enforcement period. The security rule alleviates vessels or operators from will be enforced from 6 a.m. on zone in paragraph (a)(5)(i) will be complying with all state and local laws February 2, 2005, until 6 p.m. on enforced from 11:59 a.m. on February 6, in the area. February 7, 2005. 2005 until 3 a.m. on February 7, 2005. (6) Security Zone, St. Johns River, JEA (ii) All vessels and persons must (2) Regulated navigation area; St. comply with orders from the Coast Johns River, Matthews Bridge to St. Park to the Transportation Hub.—(i) Area. All waters within the perimeter of Guard Captain of the Port, Jacksonville, Johns Bluff Reach—(i) Area. All waters, ° ′ Florida, or that officer’s designated surface to bottom, and bank to bank, the following: originating at 30 19.04 N, 081°38.59′ W then north to 30°19.16′ N, representatives, regulating their speed, within the St. Johns River from the ° ′ course, direction and movements within Matthews Bridge to an imaginary line 081 38.50 W, then east following the contour of the northern bank of the river the regulated navigation areas. between the south bank of the Trout (2) Security zones. The regulations in ° ′ ″ ° ′ ″ to 30°19.16′ N, 081°38.41′ W, then south River at 30 23 06 N, 81 38 00 W and this paragraph apply to the zones in ° ′ ″ ° ′ ″ to 30°18.53′ N, 081°38.40′ W, and west 30 23 06 N, 81 37 18 W, and within paragraph (a)(3) through (a)(6) of this 400 yards of the Federal Channel of the following the contour of the south bank of the river to the origin at 30°19.04′ N, section. All vessels that seek entry to the St. Johns River, as visually marked by ° ′ zones, and those vessels that are located buoys and day boards, including around 081 38.59 W. (ii) Enforcement period. The security in the zones when the zones become both sides of Blount Island, from an zone in paragraph (a)(6)(i) will be effective, will be subject to a security imaginary line between the south bank screening. Vessel operators must receive ° ′ ″ enforced from 11:59 a.m. on February 6, of the Trout River at 30 23 06 N, express permission to enter, or, for ° ′ ″ ° ′ ″ ° ′ ″ 2005 until 3 a.m. on February 7. 81 38 00 W and 30 23 06N , 81 37 18 (b) Definitions. The following vessels already inside the zone when it W, to an imaginary line at the front definitions apply to this section. becomes effective, permission to remain range light of the Fulton Cutoff Range Designated representatives means in the security zone from federal, state ° ′ ″ ° ′ ″ between 30 23 36 N, 81 30 06 W south Coast Guard Patrol Commanders or local personnel designated by the ° ′ ″ ° ′ ″ to 30 23 12 N, 81 30 06 W. including Coast Guard coxswains, petty Captain of the Port; vessels must not (ii) Enforcement period. The regulated officers and other officers operating transport or possess certain dangerous navigation area in paragraph (a)(2)(i) Coast Guard vessels, and federal, state, cargo as defined in 33 CFR 160.204; and will be enforced from 6 a.m. on and local officers designated by or persons must not operate or place in the February 2, 2005, until 6 a.m. on assisting the Captain of the Port (COTP), water jet skis or other motorized February 7, 2005. Jacksonville, Florida, in the enforcement personal watercraft at any time while (3) Security Zone, St. Johns River, of the regulated navigation areas and the security zone is in effect. Entry into Fuller Warren Bridge to the Matthews security zones. and continued presence within the Bridge—(i) Area. All waters shore-to- Minimum safe speed means the speed security zones by vessels or persons that shore and surface to bottom of the St. at which a vessel proceeds when it is entered without authorization from the Johns River, between the Fuller Warren fully off plane, completely settled in the Captain of the Port is prohibited unless Bridge and the Matthews Bridge water and not creating excessive wake. authorized by the Coast Guard Captain excluding the waters of the Arlington Due to the different speeds at which of the Port, Jacksonville, Florida, or that River east of an imaginary line between vessels of different sizes and officer’s designated representatives. 30°19′12″ N, 81°36′42″ W and 30°19′00″ configurations may travel while in Vessels moored, docked or anchored in N, 81°36′48″ W. compliance with this definition, no the security zones when they become (ii) Enforcement period. The security specific speed is assigned to minimum effective must remain in place unless zone in paragraph (a)(3)(i) will be safe speed. In no instance should ordered by or given permission from the enforced from 11:59 p.m. on February 4, minimum safe speed be interpreted as a COTP to do otherwise. Security Zone 2005, until 3 a.m. on February 7, 2005. speed less than that required for a (a)(5) further prohibits vessel movement

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within the zone without prior approval 2004–NJ–0004 by one of the following depending upon the severity of the by the Captain of the Port or his methods: ozone problem. The New York-Northern designated representatives. Vessels or Federal eRulemaking Portal: http:// New Jersey-Long Island and persons desiring to enter or transit the www.regulations.gov. Follow the on-line Philadelphia-Trenton nonattainment areas encompassed by any of the instructions for submitting comments. areas are nonattainment areas classified security zones may contact the Coast 1. Agency Web site: http:// as a severe. Under section 182, severe Guard Captain of the Port or his docket.epa.gov/rmepub/ Regional ozone nonattainment areas were designated representatives on VHF Material in EDocket (RME), EPA’s required to submit demonstrations of Channel Marine 12 to seek permission electronic public docket and comment how they would attain the 1-hour ozone system, is EPA’s preferred method for to enter or transit the zone. If standard. On December 16, 1999 (64 FR receiving comments. Once in the permission is granted, all persons and 70380), EPA proposed approval of New system, select ‘‘quick search,’’ then key vessels must comply with the Jersey’s 1-hour ozone attainment instructions of the COTP or that officer’s in the appropriate RME Docket demonstration SIP for the New Jersey designated representatives. identification number. Follow the on- (d) Effective period. This section is line instructions for submitting portion of the New York-Northern New effective from 6 a.m. on February 2, comments. Jersey-Long Island nonattainment area 2004, until 11:59 p.m. on February 7, 2. E-mail: [email protected]. and the New Jersey portion of the 2005. 3. Fax: (212) 637–3901. Philadelphia-Trenton nonattainment 4. Mail: ‘‘RME ID Number R02–OAR– area. In that rulemaking, EPA identified Dated: November 26, 2004. 2004–NJ–0004’’, Raymond Werner, an emission reduction shortfall David B. Peterman, Chief, Air Programs Branch, associated with New Jersey’s 1-hour Rear Admiral, U.S. Coast Guard, Commander, Environmental Protection Agency, ozone attainment demonstration SIPs, Seventh Coast Guard District. Region 2 Office, 290 Broadway, 25th and required New Jersey to address the [FR Doc. 04–27100 Filed 12–9–04; 8:45 am] Floor, New York, New York 10007– shortfalls. In a related matter, the Ozone BILLING CODE 4910–15–P 1866. Transport Commission (OTC) developed 5. Hand Delivery or Courier. Deliver control measures into model rules for a your comments to: Raymond Werner, number of source categories and ENVIRONMENTAL PROTECTION Chief, Air Programs Branch, estimated emission reduction benefits AGENCY Environmental Protection Agency, from implementing these model rules. Region 2 Office, 290 Broadway, 25th 40 CFR Part 52 These model rules were designed for Floor, New York, New York 10007– use by states in developing their own 1866. Such deliveries are only accepted [Region 2 Docket No. R02–OAR–2004–NJ– regulations to achieve additional 0004, FRL–7847–1] during the Regional Office’s normal emission reductions to close emission hours of operation. The Regional shortfalls. Approval and Promulgation of Office’s official hours of business are Implementation Plans; New Jersey Monday through Friday, 8:30 to 4:30 On February 4, 2002 (67 FR 5152), Consumer Product Rule excluding Federal holidays. EPA approved New Jersey’s 1-hour A copy of the New Jersey submittal is ozone attainment demonstration SIPs. AGENCY: Environmental Protection Agency (EPA). available at the following addresses for This approval included an enforceable inspection during normal business commitment submitted by New Jersey to ACTION: Proposed rule. hours: adopt additional control measures to SUMMARY: The Environmental Protection Environmental Protection Agency, close the shortfalls identified by EPA for Agency (EPA) is proposing to approve a Region 2 Office, Air Programs Branch, attainment of the 1-hour ozone revision to the New Jersey State 290 Broadway, 25th Floor, New York, standard. Implementation Plan (SIP) for ozone New York 10007–1866. II. What Was Included in New Jersey’s concerning the control of volatile New Jersey Department of Submittal? organic compounds. The SIP revision Environmental Protection, Office of Air consists of amendments to Subchapter Quality Management, Bureau of Air On June 22, 2004, Bradley M. 24 ‘‘Prevention of Air Pollution From Quality Planning, 401 East State Street, Campbell, Commissioner, New Jersey Consumer Products’’ of 7:27 of the New CN418, Trenton, New Jersey 08625. Department of Environmental Protection Jersey Administrative Codes. This SIP FOR FURTHER INFORMATION CONTACT: Paul (NJDEP), submitted to EPA a revision to revision consists of two control R. Truchan, Air Programs Branch, the SIP which included an adopted measures, consumer products and Environmental Protection Agency, 290 revision to subchapter 24, ‘‘Prevention portable fuel containers, needed to meet Broadway, 25th Floor, New York, New the shortfall emissions reduction of Air Pollution From Consumer York 10007–1866, (212) 637–3711. Products,’’ which contained two control identified by EPA in New Jersey’s 1- SUPPLEMENTARY INFORMATION: hour ozone attainment demonstration programs. The two control programs are SIP. The intended effect of this action is I. What Is Required by the Clean Air consumer products and portable fuel to approve control strategies required by Act and How Does It Apply to New container spillage control. This SIP the Clean Air Act which will result in Jersey? revision will provide volatile organic compound (VOC) emission reductions emission reductions that will help Section 182 of the Clean Air Act (Act) achieve attainment of the national specifies the required State to address, in part, the shortfall ambient air quality standard for ozone. Implementation Plan (SIP) submissions identified by EPA when New Jersey’s DATES: Comments must be received on and requirements for areas classified as one-hour ozone attainment or before January 10, 2005. nonattainment for ozone and when demonstrations were approved. New ADDRESSES: Submit your comments, these submissions and requirements are Jersey used the OTC model rules as identified by Regional Material in to be submitted to EPA by the states. guidelines to develop its rules. EDocket (RME) ID Number R02–OAR– The specific requirements vary

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