Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 48165 

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. 

We invite your comments on how this 

proposed rule might impact tribal 

governments, even if that impact may 

not constitute a ‘‘tribal implication’’

under the Order. 

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. 

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 and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is not likely to have a 

significant effect on the human 

environment. A preliminary 

Environmental Analysis Check List 

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. 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, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.775 to read as follows: 

§ 165.775 Safety Zone; Captain of the Port 

Zone Jacksonville; Offshore Cape 

Canaveral, Florida. 

(a) Regulated Area. (1) Zone (A) is 

defined by four latitude and longitude 

corner points. Zone A originates at 

position 28°45′42′′ N, 080°42′42′′ W; 

then proceeds northeast to 28°50′6′′ N, 

080°29′54′′ W; then proceeds southeast 

to 28°31′18′′ N, 080°19′36′′ W; then 

proceeds west at position 28°31′18′′ N, 

080°33′24′′ W. 

(2) Zone (B) is defined by four latitude 

and longitude corner points. Zone B 

originates at position 28°40′6′′ N, 

080°38′24′′ W; then proceeds northeast 

to 28°48′48′′ N, 080°28′54′′ W; then 

proceeds southeast to 28°29′42′′ N, 

080°18′54′′ W; then proceeds west at 

position 28°29′42′′ N, 080°31′36′′ W. 

(3) Zone (C) is defined by four latitude 

and longitude corner points. Zone C 

originates at position 28°36′12′′ N, 

080°35′18′′ W; then proceeds northeast 

to 28°45′24′′ N, 080°25′12′′ W; then 

proceeds south to 28°26′ N, 080°20′48′′ 

W; then proceeds west at position 28°26′ 

N, 080°34′24′′ W. 

(4) Zone (D) is defined by four 

latitude and longitude corner points. 

Zone D originates at position 28°31′36′′ 

N, 080°34′ W; then proceeds east to 

28°31′36′′ N, 080°20′6′′ W; then proceeds 

south to 28°16′42′′ N, 080°23′18′′ W; 

then proceeds northwest at position 

28°21′36′′ N, 080°36′6′′ W. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative 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 in the enforcement of 

regulated navigation areas, safety zones, 

and security zones. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, anchoring, mooring or 

transiting in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville or his 

designated representative. 

(d) Notice of a Safety Zone. The 

proposed safety zones are temporary in 

nature and will only be enacted and 

enforced prior to, and just after a 

successful launch. The COTP will 

inform the public of the existence or 

status of the safety zone by Broadcast 

Notice to Mariners on VHF–FM channel 

16, Public Notice, and on-scene 

presence. Coast Guard assets or other 

Federal, State, or local law enforcement 

assets will be clearly identified by 

lights, markings, or with agency 

insignia. 

(e) Contact Information. The COTP 

Jacksonville may be reached by 

telephone at (904) 564–7513. Any onscene Coast Guard or designated 

representative assets may be reached on 

VHF–FM channel 16. 

Dated: June 19, 2008. 

Paul F. Thomas, 

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

Port Jacksonville. 

[FR Doc. E8–18996 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0051–200805(b); 

FRL–8705–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Tennessee; Approval of Revisions to 

the Nashville/Davidson County Portion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


rwilkins on PROD1PC63 with PROPOSALS
48166 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 

SUMMARY: EPA is proposing to approve 

a revision to the State Implementation 

Plan (SIP) submitted by the State of 

Tennessee on October 19, 2007. The 

revision affects the Nashville/Davidson 

County portion of the Tennessee SIP. 

Specifically the revision pertains to the 

Metropolitan Public Health Department, 

Pollution Control Division’s Regulation 

Number 8, ‘‘Inspection and 

Maintenance of Light-Duty Motor 

Vehicles.’’ This revision is part of 

Nashville/Davidson County’s strategy to 

meet the requirements of EPA’s 1997 

8-hour ozone standard. Regulation 

Number 8 is amended by reducing the 

vehicle emission inspection fee to $9.00, 

and updating the definitions section. 

This revision is considered by the 

Tennessee Department of Environment 

and Conservation (TDEC) to be at least 

as stringent as the State of Tennessee’s 

preexisting requirements. This action is 

being taken pursuant to section 110 of 

the Clean Air Act. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. The EPA 

will not institute a second comment 

period on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before September 17, 

2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

OAR–2008–0051, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: hou.james@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008–

0051,’’ 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: Mr. 

James Hou, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Hou, 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. The 

telephone number is (404) 562–8965. 

Mr. Hou can also be reached via 

electronic mail at hou.james@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

Dated: July 30, 2008. 

Russell L. Wright Jr., 

Acting Regional Administrator, Region 4. 

[FR Doc. E8–18966 Filed 8–15–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0612; FRL–8705–7] 

Disapproval of State Implementation 

Plan Revision, Yolo Solano Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

disapprove a revision to the Yolo Solano 

Air Quality Management District 

(YSAQMD) portion of the California 

State Implementation Plan (SIP) 

concerning the District’s analysis of 

whether its rules meet Reasonably 

Available Control Technology (RACT) 

under the 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). We are proposing to 

disapprove the analysis under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

September 17, 2008. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2008–0612, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What document did the State submit? 

B. Are there other versions of this 

document? 

C. What is the purpose of the submitted 

RACT SIP analysis? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the RACT SIP 

analysis? 


rwilkins on PROD1PC63 with PROPOSALS