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

SUMMARY: This document cancels a 

public hearing on proposed regulations 

concerning the definition and tax 

treatment of a stapled foreign 

corporation, which generally is treated 

for tax purposes as a domestic 

corporation under section 269B of the 

Internal Revenue Code.

DATES: The public hearing originally 

scheduled for December 15, 2004 at 10 

a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT:

LaNita Van Dyke of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedures and Administration), at 

(202) 622–7180 (not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Tuesday, September 

7, 2004, (69 FR 54067), announced that 

a public hearing was scheduled for 

December 15, 2004, at 10 a.m., in the 

IRS Auditorium, Internal Revenue 

Service Building, 1111 Constitution 

Avenue, NW., Washington, DC. The 

subject of the public hearing is under 

section 269B of the Internal Revenue 

Code. 

The public comment period for these 

regulations expired on December 6, 

2004. The notice of proposed 

rulemaking and notice of public 

hearing, instructed those interested in 

testifying at the public hearing to submit 

a request to speak and an outline of the 

topics to be addressed. As of Tuesday, 

December 7, 2004, no one has requested 

to speak. Therefore, the public hearing 

scheduled for December 15, 2004, is 

cancelled.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–27160 Filed 12–7–04; 3:13 pm] 

BILLING CODE 4830–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 110 and 165 

[CGD07–04–090] 

RIN 1625–AA11, 1625–AA87, 1625–AA01 

Regulated Navigation Areas, Security 

Zones, and Temporary Anchorage 

Areas; St. Johns River, Jacksonville, 

FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a series of temporary regulated 

navigation areas, security zones and 

temporary anchorage areas on the St. 

Johns River, Jacksonville, FL, from 

Winter Point to the Intracoastal 

Waterway, for Super Bowl XXXIX 

activities and events. The river will be 

divided into two regulated navigation 

areas and four security zones in order to 

provide increased layered security in 

close proximity to the downtown area of 

the river. Additionally, the size of 

existing fixed security zones around 

docked cruise ships will be increased. 

Existing anchorage grounds will be 

modified and temporary anchorages will 

be added to accommodate the vessel 

traffic expected during the Super Bowl 

events. The regulated navigation areas, 

security zones and temporary 

anchorages are necessary to protect 

national security interests and the safety 

of navigation during Super Bowl events. 

These areas will be enforced at various 

designated time periods beginning 

February 2, 2005, through February 7, 

2005. Entry into the security zones will 

be prohibited to all persons and vessels 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville or his 

designated representatives.

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 10, 2005.

ADDRESSES: You may mail comments 

and related material to Coast Guard 

Marine Safety Office Jacksonville, 7820 

Arlington Expressway, Suite 400, 

Jacksonville, FL, 32211. Coast Guard 

Marine Safety Office Jacksonville 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

Coast Guard Marine Safety Office 

Jacksonville, 7820 Arlington 

Expressway, Suite 400, Jacksonville, FL, 

32211, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant James Tedtaotao at Coast 

Guard Marine Safety Office Jacksonville, 

FL, tel: (904) 232–2640 ext 111.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD07–04–090), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that your submission reached 

us, please enclose a stamped, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period. 

We may change this proposed rule in 

view of them. 

If, as we anticipate we make this 

temporary final rule effective less than 

30 days after publication in the Federal 

Register, we will explain in that 

publication, as required by 5 U.S.C. 

(d)(3), our good cause for doing so. 

Public Meeting 

We do not plan to hold a public 

meeting. The United States Coast Guard, 

along with other state and federal law 

enforcement agencies, has conducted 

numerous outreach meetings with port 

users and the affected maritime 

community regarding port restrictions. 

However, you may submit a request for 

a meeting by writing to Coast Guard 

Marine Safety Office Jacksonville at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a separate 

notice in the Federal Register. 

Background and Purpose 

In light of terrorist attacks on New 

York City and the Pentagon in 

Arlington, VA, on September 11, 2001, 

and the continuing concern for future 

terrorist and or subversive acts against 

the United States, especially at high 

visibility events where a large number 

of persons are likely to congregate, the 

Coast Guard proposes to establish 

temporary regulated navigation areas 

and security zones in certain waters of 

the St. Johns River. 

The Super Bowl is a sporting event, 

hosted each year in a different city in 

the United States, sponsored by the 

National Football League (NFL). Super 

Bowl XXXIX will be held in 

Jacksonville, FL, on Sunday, February 6, 

2005, at ALLTEL Stadium. Security 

measures for Super Bowl XXXIX and 

the events preceding it, including 

temporary regulated navigation areas, 

security zones and anchorages proposed 

herein, are necessary from February 2, 

2005, to February 7, 2005, and are 

needed to safeguard the maritime 

transportation infrastructure, the public, 

and designated participants from 

potential acts of violence or terrorism 

during Super Bowl XXXIX activities.

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71759

The planning for these regulated 

navigation areas and security zones has 

been conducted in conjunction with 

federal, state and local law enforcement 

agencies. There is significant national 

security interest during the Super Bowl 

in protecting the waterways 

surrounding downtown Jacksonville, 

cruise ships, nearby vessels, and the 

public from destruction, loss, or injury 

from sabotage or other subversive acts, 

accidents or other causes of a similar 

nature. 

These proposed regulations include 

amends of existing security zones 

established at 33 CFR 165.759 to 

increase the fixed security zones around 

cruise ships docked at the Talleyrand 

Marine Terminal and the Jacksonville 

Cruise Ship Passenger Terminal from 

100 yards to 400 yards. 

These proposed regulations also 

amend existing anchorage regulations 

established at 33 CFR 110.183 by 

removing Anchorage A, modifying 

Anchorage B, and establishing various 

temporary anchorages marked by buoys. 

Some of the temporary anchorages will 

be exclusively for use by small 

recreational vessels and others will be 

for larger recreational vessels and 

commercial vessels. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

regulated navigation areas and security 

zones on the St. Johns River, 

Jacksonville, FL, to include the waters 

from Winter Point to the Intracoastal 

Waterway. The regulated navigation 

areas and security zones are necessary 

to protect national security interests 

during Super Bowl XXXIX and for the 

safety of navigation on the waterway. 

Temporary regulated navigation areas 

are proposed from Wednesday, February 

2, 2005, commencing at 6 a.m. (EST) 

until Monday, February 7, 2005 at 6 

p.m. (EST) for: (1) Winter Point to the 

Matthews Bridge and (2) the Matthews 

Bridge to St. Johns Bluff Reach. 

All vessels entering the regulated 

navigation areas must comply with 

orders from the Coast Guard Captain of 

the Port, Jacksonville, Florida, or that 

officer’s designated representatives, and 

accordingly regulate their course, 

direction and movements within the 

regulated navigation areas. Vessels must 

exercise continuous transit at minimum 

safe speed while within 400 yards of the 

federal channel as marked by buoys and 

day boards. 

The public will be reminded of the 

locations and effective periods of the 

regulated navigation areas, security 

zones and temporary anchorage 

regulations by a local notice to mariners. 

No commercial vessels will be 

permitted to anchor between the Fuller 

Warren Bridge and the Matthews 

Bridge.

In addition to the regulated navigation 

areas described as (1) and (2), the 

following temporary security zones 

described as (3), (4), (5) and (6) are 

proposed for the waters of the St. Johns 

River. Security Zone (3): the waters 

between the Fuller Warren Bridge and 

the Matthews Bridge to be enforced 

Friday, February 4, 2005, beginning at 

11:59 p.m. (EST) until Monday, 

February 7, 2005, at 3 a.m. (EST). Vessel 

operators entering the security zone 

outlined as (3) must receive express 

permission from local, state or federal 

enforcement personnel designated by 

the Captain of the Port; not transport or 

possess certain dangerous cargo as 

defined in 33 CFR 160.204; and not 

operate or place in the water jet skis or 

other motorized personal watercraft at 

any time while this security zone, or 

security zones (4), (5) and (6) are in 

effect. Vessel operators may not enter or 

remain in the security zone outlined as 

(3) without completing a satisfactory 

security screening. 

Security Zones (4), (5) and (6) are 

smaller zones located geographically 

within security zone (3) which will be 

enforced at various times and present 

additional restrictions. Security zone 

(4): a 25-yard zone (entry prohibited 

without prior approval by the Captain of 

the Port or his designated 

representatives) around the passenger 

terminals at JEA Park and the 

Transportation Hub, to be enforced 

Wednesday, February 2, 2005, 

commencing at 6 a.m. (EST) until 

Monday, February 7, 2005, at 11:59 a.m. 

(EST). 

Security zone (5): A ‘‘no move’’ zone 

(in addition to permission to enter the 

zone, all vessels will be required to 

obtain approval by the Captain of the 

Port or his designated representatives 

prior to getting underway from the pier 

or anchorage, including vessels which 

previously received permission to enter 

the zone) on the north bank of the St. 

Johns River from the Main Street Bridge 

to the Hart Bridge, extending 25 yards 

offshore, to be enforced Sunday, 

February 6, 2005, beginning at 11:59 

a.m. (EST) until Monday, February 7, 

2005 at 3 a.m. (EST). 

Security zone (6): Restricts entry into 

the zone without prior approval by the 

Captain of the Port or his designated 

representatives, north bank to south 

bank, between JEA Park and the 

Transportation Hub, to be enforced 

Sunday, February 6, 2005, from 11:59 

a.m. (EST) until Monday, February 7, at 

3 a.m. (EST). 

The temporary security zones 

described as (3), (4), (5) and (6) prohibit 

the transport or possession on vessels of 

certain dangerous cargo as defined in 33 

CFR 160.204. 

Regulations currently exist at 33 CFR 

165.759 which establish 100 yard 

moving security zones around all cruise 

ships entering or departing the Port of 

Jacksonville, Florida. Fixed security 

zones are established 100 yards around 

all cruise ships docked in the Port of 

Jacksonville. This proposed regulation 

temporarily suspends these security 

zones and replaces them with a 400 

yard security zone for all cruise ships 

docked at the Talleyrand Marine 

Terminal and Jacksonville Cruise Ship 

Passenger Terminal to be enforced 

Wednesday, February 2, 2005, 

commencing at 6 a.m. (EST) until 

Monday, February 7, 2005, at 11:59 p.m. 

(EST). 

These proposed regulations also 

amend existing anchorage regulations 

established at 33 CFR 110.183 which 

regulate the anchoring of vessels on the 

St. Johns River from the Main Street 

Bridge to the ocean. The rule proposes 

to amend the regulations to temporarily 

close Anchorage A and reduce the size 

of Anchorage B. Further, anchoring 

anywhere between the Fuller Warren 

Bridge and the Matthews Bridge will be 

limited to recreational vessels 40 feet or 

less in length within marked areas to be 

identified by temporary buoys. Rafting 

of vessels outboard of one another in 

these marked areas will be limited to 20 

rafted vessels. Anchorage B will be 

reduced in size and will retain its 

existing restrictions. In addition to 

anchoring availability in Anchorage B, 

recreational vessels in excess of 40 feet 

in length and commercial vessels may 

seek Captain of the Port permission to 

anchor north of the Matthews Bridge 

within marked areas to be identified by 

temporary buoys. The Captain of the 

Port Jacksonville, Florida, will continue 

to notify the maritime community of the 

periods during which the regulated 

navigation areas and security zones will 

be effective. Broadcast notifications will 

be made to the maritime community 

advising them of the boundaries of these 

zones.

BILLING CODE 4910–15–P

71760 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

BILLING CODE 4910–15–C


EP10de04.086</GPH>
Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71761

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Although the 

regulated navigation areas apply to a 

large section of the St. Johns River, 

traffic will be allowed to pass through 

the zones with the permission of the 

Captain of the Port Jacksonville or his 

designated representatives. 

Additionally, the Coast Guard has 

consulted with industry representatives 

to obtain concurrence with the proposed 

rule and has attended public meetings 

with recreational boaters to discuss 

impact of the proposed rule. Before the 

effective period, the Coast Guard will 

issue maritime advisories widely 

available to users of the river. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: the owners or 

operators of vessels intending to transit 

or anchor in portions of the St. Johns 

River at various times between February 

2, 2005 and February 7, 2005. 

These regulations would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Each area, zone 

or anchorage restriction in this rule will 

only be in effect for a limited duration. 

With the exception of vessels carrying 

certain dangerous cargo as defined in 33 

CFR 160.204, vessels will still be 

allowed to transit after obtaining 

authorization from the Captain of the 

Port or his designated representatives. 

All vessels carrying certain dangerous 

cargo as defined in 33 CFR 160.204 will 

be prohibited from transiting the 

security zones. Based upon consultation 

with local industry representatives it 

has been determined there is no regular 

traffic of such vessels on the St Johns 

River through the area of the anticipated 

security zones and no such traffic is 

expected. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

Lieutenant James Tedtaotao at the 

address listed in ADDRESSES above. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights.

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

71762 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraphs (34)(f) and (g), of 

the Instruction, from further 

environmental documentation. As 

anchorage regulations, regulated 

navigation areas and security zones, the 

proposed rules satisfy the requirements 

of paragraphs 34(f) and (g). 

Under figure 2–1, paragraphs (34)(f) 

and (g) of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. Comments on this section will be 

considered before we make the final 

decision on whether to categorically 

exclude this rule from further 

environmental review.

List of Subjects 

33 CFR Part 110 

Anchorage grounds. 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR parts 110 and 165 as 

follows:

PART 110—ANCHORAGE 

REGULATIONS 

1. The authority citation for part 110 

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, and 2071; 33 CFR 1.05–1(g; 

Department of Homeland Security Delegation 

No. 0170.1.

2. From 6 a.m.(EST) on February 2, 

2005 until 11:59 p.m. (EST) on February 

7, 2005, in § 110.183, paragraphs (a) and 

(b) are suspended in their entirety and 

new paragraphs (c), (d) and (e) are 

added to read as follows:

§ 110.183 St. Johns River, Florida.

* * * * *

(c) Anchorage B. (Lower Anchorage) 

The Anchorage is established within the 

following coordinates, the area enclosed 

by a line starting at a point on the 

eastern shore of the river at ‘Floral Bluff’

at 30°21′00′′ N, 081°36′41′′ W; thence to 

30°20′50′′ N, 081°37′08′′ W in vicinity of 

buoy G′′75′′; thence to 30°21′50′′ N, 

081°36′56′′ W; thence to 30°21′54′′ N, 

081°36′48′′ W; thence returning to the 

point of beginning. 

(d) Regulations. (1) Except in case of 

emergency, only vessels meeting the 

conditions of this paragraph will be 

authorized by the Captain of the Port to 

anchor in Anchorage B. Vessels unable 

to meet any of the following restrictions 

must obtain specific authorization from 

the Captain of the Port prior to 

anchoring in Anchorage B. 

(2) All vessels intending to enter and 

anchor in Anchorage B must notify the 

Captain of the Port prior to entering. 

(3) Anchorage B is a temporary 

anchorage. Additionally, Anchorage B is 

used as a turning basin. Vessels may not 

anchor for more than 24 hours without 

specific written authorization from the 

Captain of the Port. 

(4) All vessels at anchor must 

maintain a watch on VHF-FM channels 

13 and 16 by a person fluent in English, 

and must make a security broadcast on 

channel 13 upon anchoring and every 4 

hours thereafter. 

(5) Anchorage B is restricted to 

vessels with a draft of 24 feet or less, 

regardless of length. 

(6) Any vessel transferring petroleum 

products within Anchorage B must have 

a pilot or Docking Master aboard, and 

employ sufficient assist tugs to assure 

the safety of the vessel at anchor and 

any vessels transiting the area. 

(7) Any vessel over 300 feet in length 

within Anchorage B must have a pilot 

or Docking Master onboard, and employ 

sufficient assist tugs to assure the safety 

of the vessel at anchor and any vessels 

transiting the area.

(e) Temporary anchorages. (1) Five 

temporary anchorage areas will be 

established in the waters of the St. Johns 

River between the Fuller Warren Bridge 

and the southern end of Anchorage B to 

exclusively accommodate recreational 

vessels, 40 feet in length or less, for 

various events during the effective 

period. Vessels must seek authorization 

from the Captain of the Port prior to 

anchoring. Up to twenty recreational 

vessels may raft outboard of one 

another. Buoys will mark all temporary 

anchorage areas. 

(2) Several temporary anchorage areas 

will be established in the waters north 

of the Matthews Bridge to accommodate 

larger recreational vessels and 

commercial vessels. Buoys will mark all 

temporary anchorage areas.

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

3. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

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. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

4. From February 2, 2005, at 6 a.m. 

(EST) until February 7, 2005, at 11:59 

p.m. (EST) in § 165.759, paragraph (a) is 

suspended and a new paragraph (e) is 

added to read as follows:

§ 165.759 Security Zones; Ports of 

Jacksonville, Fernandina, and Canaveral, 

Florida.

* * * * *

(e) Regulated area. (1) Moving 

Security zones are established around 

all tank vessels, cruise ships, and 

military pre-positioned ships during 

transits entering or departing the ports 

of Jacksonville, Fernandina, and 

Canaveral, Florida. These moving 

security zones are activated when the 

subject vessels pass the St. Johns River 

Sea Buoy, at approximate position 

30°23′35′′ N, 81°19′08′′ W, when 

entering the port of Jacksonville, or pass 

port Canaveral Channel Entrance Buoys 

#3 or #4, at respective approximate 

positions 28°22.7′ N, 80°31.8′ W, and 

28°23.7′ N, 80°29.2′ W when entering 

Port Canaveral. Fixed security zones are 

established 100 yards around all tank 

vessels and military pre-positioned 

ships docked in the Ports of 

Jacksonville, Fernandina, and 

Canaveral, Florida. 

(2) Fixed security zones are 

established 100 yards around all cruise 

ships docked in the Ports of 

Jacksonville, Fernandina, and 

Canaveral, Florida except for security 

zones around vessels docked at the 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71763

Talleyrand Marine Terminal and the 

Jacksonville Cruise Ship Passenger 

Terminal in the Port of Jacksonville that 

extend 400 yards around cruise ships. 

5. Temporarily add § 165.T07–090 to 

read as follows:

§ 165.T07–090 Regulated Navigation Areas 

and Security Zones; St. Johns River, 

Jacksonville, FL.

(a) Locations—(1) Regulated 

navigation area; Winter Point to the 

Matthews Bridge—(i) Area. All waters, 

shore-to-shore and surface to bottom, 

between an imaginary line drawn 

between Winter Point (30°18′36′′ N, 

81°40′36′′ W), south through Winter 

Point Light 1 (30°17′48′′ N, 81°40′24′′ W) 

to Point La Vista (30°16′42′′ N, 81°39′48′′

W), and the Matthews bridge, excluding 

the waters of the Arlington River east of 

an imaginary line between 30°19′12′′ N, 

81°36′42′′ W and 30°19′00′′ N, 81°36′48′′

W. 

(ii) Enforcement period. The regulated 

navigation area in paragraph (a)(1)(i) 

will be enforced from 6 a.m. on 

February 2, 2005, until 6 p.m. on 

February 7, 2005. 

(2) Regulated navigation area; St. 

Johns River, Matthews Bridge to St. 

Johns Bluff Reach—(i) Area. All waters, 

surface to bottom, and bank to bank, 

within the St. Johns River from the 

Matthews Bridge to an imaginary line 

between the south bank of the Trout 

River at 30°23′06′′ N, 81°38′00′′ W and 

30°23′06′′ N, 81°37′18′′ W, and within 

400 yards of the Federal Channel of the 

St. Johns River, as visually marked by 

buoys and day boards, including around 

both sides of Blount Island, from an 

imaginary line between the south bank 

of the Trout River at 30°23′06′′ N, 

81°38′00′′ W and 30°23′06N′′, 81°37′18′′

W, to an imaginary line at the front 

range light of the Fulton Cutoff Range 

between 30°23′36′′ N, 81°30′06′′ W south 

to 30°23′12′′ N, 81°30′06′′ W. 

(ii) Enforcement period. The regulated 

navigation area in paragraph (a)(2)(i) 

will be enforced from 6 a.m. on 

February 2, 2005, until 6 a.m. on 

February 7, 2005. 

(3) Security Zone, St. Johns River, 

Fuller Warren Bridge to the Matthews 

Bridge—(i) Area. All waters shore-toshore and surface to bottom of the St. 

Johns River, between the Fuller Warren 

Bridge and the Matthews Bridge 

excluding the waters of the Arlington 

River east of an imaginary line between 

30°19′12′′ N, 81°36′42′′ W and 30°19′00′′

N, 81°36′48′′ W. 

(ii) Enforcement period. The security 

zone in paragraph (a)(3)(i) will be 

enforced from 11:59 p.m. on February 4, 

2005, until 3 a.m. on February 7, 2005. 

(4) Security Zone, St. Johns River, 

Passenger terminals at JEA Park and the 

Transportation Hub— (i) Area. All 

waters extending 25 yards into the river 

and following the contour of the 

southern bank of the river between 

30°19.04′ N, 081°38.59′ W and 30°18.53′

N, 081°38.40′ W, and all waters 

extending 25 yards into the river and 

following the contour of the northern 

bank of the river between 30°19.16′ N, 

081°38.50′ W and 30°19.16′ N, 

081°38.41′ W. 

(ii) Enforcement period. The security 

zone in paragraph (a)(4)(i) will be 

enforced from 6 a.m. on February 2, 

2005, until 11:59 a.m. on February 7, 

2005. 

(5) Security Zone, St. Johns River, 

Main Street Bridge to the Hart Bridge—

(i) Area. All waters extending 25 yards 

into the river and following the contour 

of the northern bank of the river, 

between the Main Street Bridge and the 

Hart Bridge. 

(ii) Enforcement period. The security 

zone in paragraph (a)(5)(i) will be 

enforced from 11:59 a.m. on February 6, 

2005 until 3 a.m. on February 7, 2005. 

(6) Security Zone, St. Johns River, JEA 

Park to the Transportation Hub.—(i) 

Area. All waters within the perimeter of 

the following: originating at 30°19.04′ N, 

081°38.59′ W then north to 30°19.16′ N, 

081°38.50′ W, then east following the 

contour of the northern bank of the river 

to 30°19.16′ N, 081°38.41′ W, then south 

to 30°18.53′ N, 081°38.40′ W, and west 

following the contour of the south bank 

of the river to the origin at 30°19.04′ N, 

081°38.59′ W. 

(ii) Enforcement period. The security 

zone in paragraph (a)(6)(i) will be 

enforced from 11:59 a.m. on February 6, 

2005 until 3 a.m. on February 7. 

(b) Definitions. The following 

definitions apply to this section. 

Designated representatives means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and federal, state, 

and local officers designated by or 

assisting the Captain of the Port (COTP), 

Jacksonville, Florida, in the enforcement 

of the regulated navigation areas and 

security zones. 

Minimum safe speed means the speed 

at which a vessel proceeds when it is 

fully off plane, completely settled in the 

water and not creating excessive wake. 

Due to the different speeds at which 

vessels of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to minimum 

safe speed. In no instance should 

minimum safe speed be interpreted as a 

speed less than that required for a 

particular vessel to maintain 

steerageway. A vessel is not proceeding 

at minimum safe speed if it is: 

(1) On a plane; 

(2) In the process of coming up onto 

or coming off a plane; or 

(3) Creating an excessive wake. 

Motorized personal watercraft means 

vessels less than 16 feet in length which 

are designed to be operated by a person 

or persons sitting, standing, or kneeling 

on the craft, rather than within the 

confines of a hull.

(c) Regulations—(1) Regulated 

navigation areas. The regulations in 

paragraph (c)(1) apply to the area in 

paragraphs (a)(1) and (a)(2) of this 

section. 

(i) All vessels and persons entering 

and transiting through the regulated 

navigation area must proceed 

continuously and at a minimum safe 

speed. In no instance should minimum 

safe speed be interpreted as a speed less 

than that required for a particular vessel 

to maintain steerageway. Nothing in this 

rule alleviates vessels or operators from 

complying with all state and local laws 

in the area. 

(ii) All vessels and persons must 

comply with orders from the Coast 

Guard Captain of the Port, Jacksonville, 

Florida, or that officer’s designated 

representatives, regulating their speed, 

course, direction and movements within 

the regulated navigation areas. 

(2) Security zones. The regulations in 

this paragraph apply to the zones in 

paragraph (a)(3) through (a)(6) of this 

section. All vessels that seek entry to the 

zones, and those vessels that are located 

in the zones when the zones become 

effective, will be subject to a security 

screening. Vessel operators must receive 

express permission to enter, or, for 

vessels already inside the zone when it 

becomes effective, permission to remain 

in the security zone from federal, state 

or local personnel designated by the 

Captain of the Port; vessels must not 

transport or possess certain dangerous 

cargo as defined in 33 CFR 160.204; and 

persons must not operate or place in the 

water jet skis or other motorized 

personal watercraft at any time while 

the security zone is in effect. Entry into 

and continued presence within the 

security zones by vessels or persons that 

entered without authorization from the 

Captain of the Port is prohibited unless 

authorized by the Coast Guard Captain 

of the Port, Jacksonville, Florida, or that 

officer’s designated representatives. 

Vessels moored, docked or anchored in 

the security zones when they become 

effective must remain in place unless 

ordered by or given permission from the 

COTP to do otherwise. Security Zone 

(a)(5) further prohibits vessel movement 

71764 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

within the zone without prior approval 

by the Captain of the Port or his 

designated representatives. Vessels or 

persons desiring to enter or transit the 

areas encompassed by any of the 

security zones may contact the Coast 

Guard Captain of the Port or his 

designated representatives on VHF 

Channel Marine 12 to seek permission 

to enter or transit the zone. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the COTP or that officer’s 

designated representatives. 

(d) Effective period. This section is 

effective from 6 a.m. on February 2, 

2004, until 11:59 p.m. on February 7, 

2005.

Dated: November 26, 2004. 

David B. Peterman, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District.

[FR Doc. 04–27100 Filed 12–9–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Region 2 Docket No. R02–OAR–2004–NJ–

0004, FRL–7847–1] 

Approval and Promulgation of 

Implementation Plans; New Jersey 

Consumer Product Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the New Jersey State 

Implementation Plan (SIP) for ozone 

concerning the control of volatile 

organic compounds. The SIP revision 

consists of amendments to Subchapter 

24 ‘‘Prevention of Air Pollution From 

Consumer Products’’ of 7:27 of the New 

Jersey Administrative Codes. This SIP 

revision consists of two control 

measures, consumer products and 

portable fuel containers, needed to meet 

the shortfall emissions reduction 

identified by EPA in New Jersey’s 1-

hour ozone attainment demonstration 

SIP. The intended effect of this action is 

to approve control strategies required by 

the Clean Air Act which will result in 

emission reductions that will help 

achieve attainment of the national 

ambient air quality standard for ozone.

DATES: Comments must be received on 

or before January 10, 2005.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R02–OAR–

2004–NJ–0004 by one of the following 

methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

1. Agency Web site: http://

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

2. E-mail: Werner.Raymond@epa.gov.

3. Fax: (212) 637–3901. 

4. Mail: ‘‘RME ID Number R02–OAR–

2004–NJ–0004’’, Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007–

1866. 

5. Hand Delivery or Courier. Deliver 

your comments to: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007–

1866. 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. 

A copy of the New Jersey submittal is 

available at the following addresses for 

inspection during normal business 

hours:

Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866.

New Jersey Department of 

Environmental Protection, Office of Air 

Quality Management, Bureau of Air 

Quality Planning, 401 East State Street, 

CN418, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Paul 

R. Truchan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3711.

SUPPLEMENTARY INFORMATION: 

I. What Is Required by the Clean Air 

Act and How Does It Apply to New 

Jersey? 

Section 182 of the Clean Air Act (Act) 

specifies the required State 

Implementation Plan (SIP) submissions 

and requirements for areas classified as 

nonattainment for ozone and when 

these submissions and requirements are 

to be submitted to EPA by the states. 

The specific requirements vary 

depending upon the severity of the 

ozone problem. The New York-Northern 

New Jersey-Long Island and 

Philadelphia-Trenton nonattainment 

areas are nonattainment areas classified 

as a severe. Under section 182, severe 

ozone nonattainment areas were 

required to submit demonstrations of 

how they would attain the 1-hour ozone 

standard. On December 16, 1999 (64 FR 

70380), EPA proposed approval of New 

Jersey’s 1-hour ozone attainment 

demonstration SIP for the New Jersey 

portion of the New York-Northern New 

Jersey-Long Island nonattainment area 

and the New Jersey portion of the 

Philadelphia-Trenton nonattainment 

area. In that rulemaking, EPA identified 

an emission reduction shortfall 

associated with New Jersey’s 1-hour 

ozone attainment demonstration SIPs, 

and required New Jersey to address the 

shortfalls. In a related matter, the Ozone 

Transport Commission (OTC) developed 

control measures into model rules for a 

number of source categories and 

estimated emission reduction benefits 

from implementing these model rules. 

These model rules were designed for 

use by states in developing their own 

regulations to achieve additional 

emission reductions to close emission 

shortfalls. 

On February 4, 2002 (67 FR 5152), 

EPA approved New Jersey’s 1-hour 

ozone attainment demonstration SIPs. 

This approval included an enforceable 

commitment submitted by New Jersey to 

adopt additional control measures to 

close the shortfalls identified by EPA for 

attainment of the 1-hour ozone 

standard. 

II. What Was Included in New Jersey’s 

Submittal? 

On June 22, 2004, Bradley M. 

Campbell, Commissioner, New Jersey 

Department of Environmental Protection 

(NJDEP), submitted to EPA a revision to 

the SIP which included an adopted 

revision to subchapter 24, ‘‘Prevention 

of Air Pollution From Consumer 

Products,’’ which contained two control 

programs. The two control programs are 

consumer products and portable fuel 

container spillage control. This SIP 

revision will provide volatile organic 

compound (VOC) emission reductions 

to address, in part, the shortfall 

identified by EPA when New Jersey’s 

one-hour ozone attainment 

demonstrations were approved. New 

Jersey used the OTC model rules as 

guidelines to develop its rules.