Rule2025-17839
Regulated Navigation Area; Illinois River, Naplate, IL
Primary source
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Published
September 16, 2025
Effective
October 16, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a regulated navigation area for certain waters of the Illinois River. This action is necessary to provide for the safety of human health and the environment on these navigable waters near Naplate, IL due to an Environmental Protection Agency Superfund Alternative Site. This rulemaking prohibits persons and vessels from anchoring or pushing their vessels onto the bank of the river in the regulated navigation area unless authorized by the Captain of the Port Sector Lake Michigan or a designated representative, or in the event of an emergency.
Full Text
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<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44557-44559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17839]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0320]
RIN 1625-AA11
Regulated Navigation Area; Illinois River, Naplate, IL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
for certain waters of the Illinois River. This action is necessary to
provide for the safety of human health and the environment on these
navigable waters near Naplate, IL due to an Environmental Protection
Agency Superfund Alternative Site. This rulemaking prohibits persons
and vessels from anchoring or pushing their vessels onto the bank of
the river in the regulated navigation area unless authorized by the
Captain of the Port Sector Lake Michigan or a designated
representative, or in the event of an emergency.
DATES: This rule is effective October 16, 2025.
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-
2025-0320 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 about this rule,
call or email Lieutenant Kyle Goetz, Chief, Waterways Management, U.S.
Coast Guard; telephone 630-986-2131, email <a href="/cdn-cgi/l/email-protection#e8acd8d1c5bba5aac5a5bbbdab80818b898f87c5bfbfa5a89d9b8b8fc6858184"><span class="__cf_email__" data-cfemail="7632464f5b253b345b3b2523351e1f151711195b21213b3603051511581b1f1a">[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
OTFG Ottawa Township Flat Glass
OU2 Operable Unit 2
PNA Pilkington North America, Inc.
Sec. Section
U.S.C. United States Code
USCG U.S. Coast Guard
II. Background Information and Regulatory History
In October of 2024, the United States Environmental Protection
Agency (EPA), Pilkington North America, Inc. (PNA), Illinois
Environmental Protection Agency (IEPA), and the United States Coast
Guard (USCG) began discussions to explore establishing a Regulated
Navigation Area for Operable Unit 2 (OU2) of the Ottawa Township Flat
Glass (OTFG) Superfund Alternative Site (the Site; EPA ID:
ILD005468616) along the Illinois River. The purpose of this Regulated
Navigation Area is to prevent disturbance of riverbed sediment in OU2
that has been contaminated with arsenic due to historic Site
operations.
In 2000, PNA characterized arsenic contamination in Illinois River
sediment, and collected sediment samples and conducting bathymetric
surveys with EPA oversight. Sampling results indicated that arsenic
concentrations in sediment adjacent to the Site and Original Sand Pond
source area on the north side of the Illinois River were above
background levels. PNA performed additional work in 2002 to determine
if sediment deposits within OU2 were stable and to evaluate whether
arsenic exceedances had an adverse impact on benthic organisms living
in the sediment. Through various sampling efforts, radioisotope, and
bioassay studies conducted by the State of Illinois and PNA, EPA
concluded that contaminated arsenic sediment deposits in OU2 were
stable, not prone to washout by yearly flood events, and had negligible
effect on river water quality or toxicity to aquatic organisms. As part
of the 2023 Five-Year Review for the Site, EPA recommended that a no
anchorage area be established along the OU2 portion of the Illinois
River to prohibit the disturbance of contaminated sediment. In December
of 2024, EPA identified for the Coast Guard the appropriate area for a
Regulated Navigation Area.
In response, on June 16, 2025, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Regulated Navigation Area;
Illinois River, Naplate, IL (90 FR 25183). There, we stated why we
issued the NPRM and invited comments on our proposed regulatory action
related to this area. During the comment period that ended July 16,
2025, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The purpose of this rulemaking is to ensure the
protectiveness of the remedy for the Illinois River Operable Unit, as
outlined in the 2008 EPA Record of Decision for the OTFG Site, by
prohibiting anchoring or pushing a vessel onto the bank within the
Regulated Navigation Area except as otherwise set forth herein. The
Great Lakes District Commander has determined that the protection
provided by this rule will also protect human health and the
environment.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published June
16, 2025. As this comment was fully in support of the proposal as
written, there are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
[[Page 44558]]
This rule establishes a Regulated Navigation Area for all waters of
the Illinois River, from surface to bottom, encompassed by a line
connecting the following points beginning at 41[deg]19'24.495'' N,
88[deg]53'23.388'' W; thence to 41[deg]19'22.5156'' N,
88[deg]53'25.2198'' W; thence to 41[deg]19'17.4684'' N,
88[deg]53'17.4876'' W; thence to 41[deg]19'17.259'' N,
88[deg]53'15.3126'' W; thence to 41[deg]19'21.9468'' N,
88[deg]52'44.8206'' W; thence to 41[deg]19'27.4404'' N,
88[deg]52'33.9708'' W; thence to 41[deg]19'32.3862'' N,
88[deg]52'29.1534'' W; thence to 41[deg]19'33.8088'' N,
88[deg]52'31.8612''; and along the shore line back to the beginning
point. These coordinates are based on World Geodetic System 1984 (WGS
84).
All vessels and persons are prohibited from anchoring, dredging,
laying cable, dragging, seining, bottom fishing, conducting salvage
operations, or any other activity which could potentially disturb the
seabed in the designated area. Vessels may otherwise transit or
navigate within the RNA. The prohibition described does not apply to
vessels or persons engaged in activities associated with remediation
efforts related to the Ottawa Township Flat Glass Superfund Alternative
Site, provided that the Coast Guard Captain of the Port Lake Michigan
(COTP) is given advance notice of those activities by EPA.
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.
A. 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 for the following
reasons: vessel traffic will be able to transit or navigate within the
RNA, so long as they do not engage in anchoring, dredging, laying
cable, dragging, seining, bottom fishing, conducting salvage
operations, or any other activity which could potentially disturb the
seabed in the designated area. While such activities are prohibited
within the RNA, ample alternative locations exist near the RNA to
conduct them, thus ensuring that this rule will not have a significant
impact on a substantial number of 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 rule. If the rule will 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.
B. 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).
C. 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.
D. 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.
E. 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 all
vessels conducting operations potentially disturbing contaminated
seabed in the regulated area to include, but not limited to: anchoring,
dragging, spudding, or dredging. Normally, such actions are
categorically excluded from further review under paragraph L[60a] 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.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5;
[[Page 44559]]
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.4.
0
2. Add Sec. 165.946 to read as follows:
Sec. 165.946 Regulated navigation area; EPA Superfund Site, Naplate,
Illinois.
(a) Location. The following area is a Regulated Navigation Area
(RNA): All waters of the Illinois River, from surface to bottom,
encompassed by a line connecting the following points beginning at
41[deg]19'24.495'' N, 88[deg]53'23.388'' W; thence to
41[deg]19'22.5156'' N, 88[deg]53'25.2198'' W; thence to
41[deg]19'17.4684'' N, 88[deg]53'17.4876'' W; thence to
41[deg]19'17.259'' N, 88[deg]53'15.3126'' W; thence to
41[deg]19'21.9468'' N, 88[deg]52'44.8206'' W; thence to
41[deg]19'27.4404'' N, 88[deg]52'33.9708'' W; thence to
41[deg]19'32.3862'' N, 88[deg]52'29.1534'' W; thence to
41[deg]19'33.8088'' N, 88[deg]52'31.8612''; and along the shore line
back to the beginning point. These coordinates are based on World
Geodetic System 1984 (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) All vessels and persons are prohibited from anchoring,
dredging, laying cable, dragging, seining, bottom fishing, conducting
salvage operations, or any other activity which could potentially
disturb the seabed in the designated area. Vessels may otherwise
transit or navigate within the RNA.
(2) The prohibition described in paragraph (b)(1) of this section
does not apply to vessels or persons engaged in activities associated
with remediation efforts related to the Ottawa Township Flat Glass
Superfund Alternative Site, provided that the Coast Guard Captain of
the Port Lake Michigan (COTP) is given advance notice of those
activities by the U.S. Environmental Protection Agency.
(c) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP by email, at <a href="/cdn-cgi/l/email-protection#1551252c3846585738584640567d7c7674727a3842425855606676723b787c79"><span class="__cf_email__" data-cfemail="e2a6d2dbcfb1afa0cfafb1b7a18a8b8183858dcfb5b5afa297918185cc8f8b8e">[email protected]</span></a>, or by phone, 414-747-7080.
Dated: September 11, 2025.
J.P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Great Lakes District.
[FR Doc. 2025-17839 Filed 9-15-25; 8:45 am]
BILLING CODE 9110-04-P
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