48162 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 

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. 

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 Department of Homeland 

Security Management Directive 5100.1 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

under the Instruction that this action is 

not likely to have a significant effect on 

the human environment. An 

environmental analysis checklist 

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. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary § 100.35–T05–

0738 to read as follows: 

§ 100.35–T05–0738 Wrightsville Channel, 

Wrightsville Beach, NC. 

(a) Regulated area. The regulated area 

is established for the waters of Banks 

Channel, adjacent to Wrightsville Beach, 

NC, from the southern tip of 

Wrightsville Beach approximate 

position latitude 34°11′15′′ N, longitude 

077°48′51′′ W, thence northeast to 

Seapath Marina, Wrightsville Beach, 

NC. approximate position latitude 

34°12′45′′ N, longitude 077°48′27′′ W. 

All coordinates reference Datum NAD 

1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who have been designated by the 

Commander, Coast Guard Sector North 

Carolina. 

(2) Official Patrol means any person 

or vessel assigned or approved by 

Commander, Coast Guard Sector North 

Carolina with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) The operator of a vessel in the 

regulated area shall stop the vessel 

immediately when instructed to do so 

by the Official Patrol and then proceed 

as directed. 

(iv) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the swim course. 

(d) Enforcement Period. This section 

will be enforced from 6 a.m. to 11 a.m. 

on November 1, 2008. 

Dated: July 28, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E8–19001 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0411] 

RIN 1625–AA00 

Safety Zone; Captain of the Port Zone 

Jacksonville; Offshore Cape 

Canaveral, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishment of four safety zones to 

protect infrastructure and marine traffic 

from the hazards associated with 

recurring space vehicle launches from 

Cape Canaveral Air Force Station 

(CCAFS). The safety zones extend from 

the shoreline to points approximately 12 

nautical miles offshore and will only be 

activated and enforced during prelaunch hours and terminate 

approximately 15 minutes after a 

successful launch. This action is 

necessary to protect marine traffic from 

the hazards associated with the 

launching of space vehicles; expedite 

notification to the public of such 

launches and also reduce the 


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Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 48163 

administrative workload of the Coast 

Guard. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 17, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0411 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about the proposed 

rule, call Ensign Ysabel Vandeputte at 

Coast Guard Sector Jacksonville 

Prevention Department (904) 564–7566. 

If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0411), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

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. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0411) in the 

Search box, and click ‘‘Go >>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; or the Coast 

Guard Sector Jacksonville Prevention 

Department, 4200 Ocean Street, Atlantic 

Beach, Florida 32233, between 8 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not plan to hold a public 

meeting. You may submit a request for 

a meeting by writing to Coast Guard 

Sector 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 later notice in the Federal Register. 

Background and Purpose 

Space vehicle launches from CCAFS 

occur throughout the year and have a 

decided impact on the waters offshore 

Cape Canaveral. These waters are 

located within the boundaries of 

Seventh Coast Guard District, Captain of 

the Port (COTP) Zone Jacksonville, as 

defined by CFR § 3.35–20. Currently, 

CCAFS launches 12 to 15 vehicles per 

year. For each launch, the Coast Guard 

activates and enforces the security zone 

in 33 CFR 165.701. The offshore portion 

of this security zone extends three miles 

from the baseline. However, to ensure 

the safety of all maritime interests, 

CCAFS has requested an additional 

safety buffer be added to an extent 

reaching 12 nautical miles offshore, the 

maximum distance from baseline for 

which the COTP has jurisdictional 

authority to establish safety zones. 

Presently, for each space vehicle launch, 

CCAFS requests, and the Coast Guard 

creates, a Temporary Final Rule 

establishing a safety zone from the 

baseline out to 12 nautical miles. This 

temporary safety zone covers an area of 

the Atlantic Ocean that commences at 

the shoreline and extends 3 miles either 

side of the launch azimuth bearing out 

to 12 nautical miles. Issuing individual 

Temporary Final Rules for each launch 

has created a significant administrative 

burden on the Coast Guard. In 2007, the 

Coast Guard issued, 12 temporary 

regulations. In addition to the 

administrative burden, the repeated 

temporary rules have caused confusion 

among maritime interests who must 

adjust plans and operations to each new 

and different temporary zone. This 

problem will worsen in the near future 

as CCAFS pursues more robust launch 

schedules. 

Furthermore, the unpredictability of 

weather causes a significant proportion 

of launches to be delayed. Any delay 

precludes suitable notification to the 

public on the effective date and time 

safety zones are enacted and enforced. 

The Coast Guard must therefore create 

temporary final rules that sometimes are 

not completed until days or hours 

before the event. This delayed 

notification to the public potentially 

places maritime interests at risk. 

This proposed rule will significantly 

relieve the administrative burden on the 

Coast Guard, and at the same time allow 

the Coast Guard to notify the public of 

launch area restrictions in a timely 

manner. The public notification of 

launch date and time along with a 

description of the regulated zone will be 

furnished via Broadcast Notice to 

Mariners, Public Notices, and on-scene 

Patrol Commanders. 

Discussion of Proposed Rule 

The proposed rule will come into 

effect 45 minutes prior to launch and 

terminate approximately 15 minutes 


rwilkins on PROD1PC63 with PROPOSALS
48164 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 

after successful launch. Because space 

vehicles may be launched from any 

number of launch pads at CCAFS, four 

safety zones are proposed to 

accommodate all potential launch 

azimuths. It is likely, however, that only 

one of the four safety zones will be 

activated and enforced for any 

particular launch. Safety zones 

described herein are not meant to 

replace the designated Coast Guard 

security zone as described in 33 CFR 

165.701 that extends three miles from 

the baseline. These safety zones will be 

enforced in conjunction with the 

aforementioned security zone. The 

proposed safety zones will overlap the 

existing security zone providing an 

additional safety margin from three to 

12 nautical miles. 

Defining the safety zones was a 

collaborative effort between the U.S. Air 

Force, 45th Space Wing Range 

Operations and Safety Departments and 

the U.S. Coast Guard Space 

Transportation Systems Program Office 

in Port Canaveral, FL. Each safety zone 

was created using historical launch 

azimuth data. In addition, future 

potential launch trajectories were also 

considered. Safety zone coordinates are 

defined below: 

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. 

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. 

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. 

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. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

Regulatory Planning and Review 

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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. Safety zones will be 

enacted 45 minutes prior to launch time 

and only extend 15 minutes beyond a 

successful launch. During this time, no 

vessel will be permitted to transit 

through the safety zone. 

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. Total time of safety zone 

activation and thus restriction to the 

public is expected to be one hour per 

launch. We do not anticipate any 

significant economic impact resulting 

from activation of the safety zone(s). 

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 (Pub. L. 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 

Ensign Ysabel Vandeputte at Coast 

Guard Sector Jacksonville Prevention 

Department (904) 564–7566. 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 effect 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. 


rwilkins on PROD1PC63 with PROPOSALS
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