Rule2022-21577
Regulated Navigation Area; Environmental Protection Agency Superfund Site, Point Ruston, Commencement Bay, Tacoma, WA
Primary source
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Published
October 5, 2022
Effective
November 4, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 prohibits 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 will not affect vessels transiting or navigating within this waterway.
Full Text
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<title>Federal Register, Volume 87 Issue 192 (Wednesday, October 5, 2022)</title>
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[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Rules and Regulations]
[Pages 60269-60271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21577]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing 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 prohibits 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 will not affect vessels
transiting or navigating within this waterway.
DATES: This rule is effective November 4, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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#1e4d7b7d6a716c4e6b797b6a4d716b707a4949535e6b6d7d7930737772"><span class="__cf_email__" data-cfemail="d182b4b2a5bea381a4b6b4a582bea4bfb586869c91a4a2b2b6ffbcb8bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
EPA Environmental Protection Agency
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 6, 2021, the United States EPA 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 will 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.
In response, on June 8, 2022, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Regulated Navigation Area;
Environmental Protection Agency Superfund Site, Point Ruston,
Commencement Bay, Tacoma, WA'' (87 FR 34834). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this RNA. During the comment period that ended August 8,
2022, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Puget Sound
(COTP) has determined that establishing a permanent regulation
restricting activities such as anchoring, dragging, trawling, or other
activities will prevent disrupting the integrity of sediment caps
located within the Commencement Bay Nearshore/Tideflat, WA.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published June
8, 2022. The comment was in support of the proposed rule. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a RNA to prohibit certain activities
including anchoring, dragging, trawling, and other activities that
involve disrupting the integrity of sediment caps located within the
Commencement Bay Nearshore/Tideflat, WA. 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.
[[Page 60270]]
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.
V. 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 caps.
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 received no comments from the Small Business
Administration on this rulemaking. 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 V.A above,
this rule will not have a significant economic impact on any vessel
owner or operator.
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. Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
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 preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 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. It is 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 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.
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
[[Page 60271]]
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.
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 amends
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
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.
Dated: September 28, 2022.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2022-21577 Filed 10-4-22; 8:45 am]
BILLING CODE 9110-04-P
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