Proposed Rule2022-12282
Regulated Navigation Area; Environmental Protection Agency Superfund Site, Point Ruston, Commencement Bay, Tacoma, WA
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Published
June 8, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a permanent regulated navigation area (RNA) for all navigable waters within the area of lines drawn from Dune Park downward to the Point Ruston Historic Ferry dock on Commencement Bay, WA. This RNA is necessary to preserve the integrity of protective sediment caps placed in multiple areas within this waterway as part of the remediation process at the Commencement Bay, Nearshore/Tideflats Environmental Protection Agency (EPA) Superfund Cleanup site. This RNA would prohibit activities which would disturb the seabed, such as anchoring, dragging, trawling, spudding, or other activities that involve disrupting the integrity of the sediment cap, unless authorized by the Captain of the Port (COTP) Puget Sound or their Designated Representative. The RNA would not affect the transit or navigation within this waterway. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Proposed Rules]
[Pages 34834-34837]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12282]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0199]
RIN 1625-AA11
Regulated Navigation Area; Environmental Protection Agency
Superfund Site, Point Ruston, Commencement Bay, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent
regulated navigation area (RNA) for all navigable waters within the
area of lines drawn from Dune Park downward to the Point Ruston
Historic Ferry dock on Commencement Bay, WA. This RNA is necessary to
preserve the integrity of protective sediment caps placed in multiple
areas within this waterway as part of the remediation process at the
Commencement Bay, Nearshore/Tideflats Environmental Protection Agency
(EPA) Superfund Cleanup site. This RNA would prohibit activities which
would disturb the seabed, such as anchoring, dragging, trawling,
spudding, or other activities that involve disrupting the integrity of
the sediment cap, unless authorized by the Captain of the Port (COTP)
Puget Sound or their Designated Representative. The RNA would not
affect the transit or navigation within this waterway. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 8, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0199 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Rob Nakama, Sector Puget Sound
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6089, email <a href="/cdn-cgi/l/email-protection#491a2c2a3d263b193c2e2c3d1a263c272d1e1e04093c3a2a2e67242025"><span class="__cf_email__" data-cfemail="abf8cec8dfc4d9fbdecccedff8c4dec5cffcfce6ebded8c8cc85c6c2c7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 34835]]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On December 6, 2021, the United States Environmental Protection
Agency Region 10 notified the Coast Guard that it requests the
establishment of an RNA or ``No Anchor Zone'' for commercial vehicles
within the Operable Unit 6 (OU6) Asarco sediment cap in the
Commencement Bay Nearshore/Tideflat (CB-NT) Superfund site. This RNA
would prohibit activities that could disrupt the integrity of the
engineered sediment caps that have been placed within the OU6 Asarco
sediment cap. These activities include vessel grounding, anchoring,
dragging, trawling, spudding or other such activities that would
disturb the integrity of the sediment caps.
The purpose of this rulemaking is to prevent disruption of the
sediment caps which may result in hazardous conditions and harm to the
marine environment. As such, this RNA is necessary to help ensure the
sediment cap is protected and will do so by prohibiting maritime
activities that could disturb or damage it.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70011 and 70034. The Secretary of the Department of Homeland
Security (DHS) delegated these statutory authorities to the Coast Guard
through DHS Delegation No. 00170.1(70), Revision No. 01.2. Section 46
U.S.C. 70011 generally authorizes the Coast Guard to take such action
as is necessary to protect the navigable waters and the resources
therein from harm resulting from vessel or structure damage,
destruction, or loss. Section 70034 authorizes the Coast Guard to issue
regulations that are necessary to implement 46 U.S.C. Chapter 700.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish a permanent regulation
restricting activities such as anchoring, dragging, trawling, or other
activities that involve disrupting the integrity of sediment caps
located within the Commencement Bay Nearshore/Tideflat, WA. Activities
common in the proposed regulated areas include tugboat and log-rafting
activities, tugboat moorage, removal and launching of boats for repair
and other maintenance activities. The thick-layer cap areas were
designed to be compatible with the activities described above that are
associated with a working waterfront. The material used for the cap was
chosen to be able to contain underlying sediments without altering the
main activities of the working waterways. No vessel or person would be
permitted to perform the aforementioned activities without obtaining
permission from the Captain of the Port, Puget Sound (COTP) or a
designated representative.
The RNA would include all waters within Dune Park downward to the
Point Ruston Historic Ferry dock on Commencement Bay, WA, encompassed
by a line connecting the following points beginning at 47[deg]18'12.0''
N, 122[deg]30'26.0'' W onshore, thence 240 feet to position
47[deg]18'13.0'' N, 122[deg]30'22.0'' W offshore, thence 2,900 feet to
position 47[deg]17'52.0'' N, 122[deg]29'53.0'' W offshore, thence 500
feet to position 47[deg]17'49.0'' N, 122[deg]29'59.0'' W onshore. These
coordinates are based on World Geodetic System (WGS 84).
The prohibition for anchoring, dragging, trawling, or other
activities that involve disrupting the integrity of sediment caps would
not apply to vessels or persons engaged in activities associated with
remediation efforts in the Commencement Bay Nearshore/Tideflat (CB-NT)
Superfund sites, provided that the COTP is given advance notice of
those activities by the EPA.Vessels may otherwise transit or navigate
within this area without reservation.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the fact that the
RNA is limited in size and will not limit vessels from transiting or
using the waters covered, except for specified activities that may
damage the engineered sediment cap.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section IV.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and
[[Page 34836]]
preemption requirements described in Executive Order 13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves a permanent regulated navigation area for all navigable waters
within the area of lines drawn from Dune Park downward to the Point
Ruston Historic Ferry dock on Commencement Bay, WA. This rule prohibits
activities that would disturb the seabed, such as anchoring, dragging,
trawling, spudding, or other activities that involve disrupting the
integrity of the sediment caps installed in the designated regulated
navigation area, pursuant to the remediation efforts of the U.S.
Environmental Protection Agency (EPA) and other participants in the EPA
superfund cleanup site. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
A. Submitting Comments
We encourage you to submit comments through the Federal Decision
Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0199 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If you cannot submit
your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the
person in the FOR FURTHER INFORMATION CONTACT section of this proposed
rule for alternate instructions.
B. Viewing Material in Docket
To view documents mentioned in this proposed rule as being
available in the docket, find the docket as described in the previous
paragraph, and then select ``Supporting & Related Material'' in the
Document Type column. Public comments will also be placed in our online
docket and can be viewed by following instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
C. Personal Information
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information you have
provided. For more about privacy and submissions to the docket in
response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 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 part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.1344 to read as follows:
Sec. 165.1344 Regulated Navigation Area; Commencement Bay Nearshore/
Tideflat Superfund Site, Commencement Bay, Tacoma, WA.
(a) Regulated Areas. The following area is a regulated navigation
area (RNA): All waters within Dune Park downward to the Point Ruston
Historic Ferry dock on Commencement Bay, WA, encompassed by a line
connecting the following points beginning at 47[deg]18'12.0'' N,
122[deg]30'26.0'' W onshore, thence 240 feet to position
47[deg]18'13.0'' N, 122[deg]30'22.0'' W offshore, thence 2,900 feet to
position 47[deg]17'52.0'' N, 122[deg]29'53.0'' W offshore, thence 500
feet to position 47[deg]17'49.0'' N, 122[deg]29'59.0'' W onshore. These
coordinates are based on World Geodetic System (WGS 84).
(b) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the following regulations apply to the RNA described in
paragraph (a) of this section.
(1) Prohibited activities include those that would disturb the
seabed, such as anchoring, dragging, trawling, spudding, or other
activities that involve disrupting the integrity of the sediment caps
installed in the designated regulated navigation area, pursuant to the
remediation efforts of the U.S. Environmental Protection Agency (EPA)
and other participants in the EPA superfund cleanup site. Vessels may
[[Page 34837]]
otherwise transit or navigate within this area without reservation.
(2) The prohibition described in this section does not apply to
vessels or persons engaged in activities associated with remediation
efforts in the Middle Waterway superfund sites, provided that the
Captain of the Port (COTP) Puget Sound is given advance notice of those
activities by the EPA.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, 13th U.S. Coast Guard
District.
[FR Doc. 2022-12282 Filed 6-7-22; 8:45 am]
BILLING CODE 9110-04-P
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