80 FR 42440 - Regulated Navigation Area; Middle Waterway Superfund Cleanup Site, Commencement Bay; Tacoma, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 137 (July 17, 2015)
Coast Guard
Federal Register Volume 80, Issue 137 (July 17, 2015)
| Page Range | 42440-42443 | |
| FR Document | 2015-17481 |
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)] [Proposed Rules] [Pages 42440-42443] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17481] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0004] RIN 1625-AA11 Regulated Navigation Area; Middle Waterway Superfund Cleanup Site, Commencement Bay; Tacoma, WA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a regulated navigation area (RNA) on the Middle Waterway in Tacoma, Washington. The RNA will protect the sediment cap areas in the U.S. Environmental Protection Agency (EPA)'s Commencement Bay Nearshore/Tideflats (CB-NT) Superfund Cleanup Site in the Middle Waterway Problem Area. This regulated navigation area would prohibit activities that could disrupt the integrity of the engineered sediment caps that have been placed within the Middle Waterway Problem Area. These activities include vessel grounding, anchoring, dragging, trawling, spudding or other such activities that would disturb the integrity of the sediment caps. It will not affect transit or navigation of this area or the existing industrial activities occurring in this area. DATES: Comments and related material must be received by the Coast Guard on or before October 15, 2015. Requests for public meetings must be received by the Coast Guard on or before August 17, 2015. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail or Delivery: 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. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LTJG Johnny Zeng, Waterways Management Division, Sector Puget Sound, U.S. Coast Guard; telephone (206) 217-6175, email [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. 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. 1. Submitting comments 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. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if [[Page 42441]] we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0004] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments 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 and may change the rule based on your comments. 2. 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, type the docket number (USCG-2015-0004) in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of 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 a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting 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. B. Regulatory History and Information The Coast Guard received notice from the U.S. EPA requesting the establishment of a Regulated Navigation Area (RNA) for the Middle Waterway Problem Area of the CB-NT Superfund Cleanup Site in Tacoma, Washington. This request was received as a result of the need to protect the engineered sediment caps in the Middle Waterway from activities that could disrupt the integrity of the caps within the CB- NT Superfund Cleanup Site. The CB-NT was added to the U.S. EPA's National Priorities List (Superfund) in September 1983 because of hazardous substance contamination in the sediment. The EPA selected the Middle Waterway Problem Area for remedial action, and subsequently cleanup activities were conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Remediation activities identified for the Middle Waterway included dredging, placement of enhanced natural recovery material, placement of caps, and natural recovery. The caps consist of approximately three feet of sand and gravel and light-loose riprap, and were placed in various locations within the waterway to contain the contaminated sediments. These caps were designed to withstand activities common to a working waterfront. The cap areas cover approximately two acres of sediment in the waterway. Construction activities were initiated in July 2003 and completed in January 2005. A Remedial Action Completion Report documenting the cleanup activities was completed and approved by the U.S. EPA in April 2005. C. Basis and Purpose Under the Ports and Waterways Safety Act, the Coast Guard has the authority to establish RNAs in defined water areas that are determined to have hazardous conditions and in which vessel traffic can be regulated in the interest of safety. See 33 U.S.C. 1231 and Department of Homeland Security Delegation No. 0170.1. Coast Guard District Commanders are granted authority under 33 CFR 165.11 to regulate vessel traffic in areas with hazardous conditions. This rule is necessary to prevent disturbance of the sediment caps established in the Middle Waterway Problem Area of the CB-NT Superfund Cleanup Site. Disruption of the integrity of the caps may result in a hazardous condition and harm to the marine environment. As such, this RNA is necessary to protect the integrity of the caps and will do so by prohibiting maritime activities that could disturb or damage them. Enforcement of this RNA will be managed by Coast Guard Sector Puget Sound assets including Vessel Traffic Service Puget Sound through radar and closed circuit television sensors. The Captain of the Port Puget Sound may also be assisted by other state, local, or government agencies in the enforcement of this rule. D. Discussion of Proposed Rule The Coast Guard proposes to establish a permanent RNA on the Middle Waterway to protect the sediment caps in the Middle Waterway Problem Area of the CB-NT Superfund Site. It would do so by restricting vessel anchoring, dragging, trawling, spudding or other activities that could disrupt the integrity of the caps and the underlying contaminated sediments located in the proposed RNA. Activities common in the proposed regulated areas include tugboat and log-rafting activities, tugboat moorage, removal and launching of ships for repair, and other ship repair and maintenance activities. The cap areas were designed to be compatible with the activities described above that are associated with a working waterfront. The material used for the caps was chosen to be able to contain underlying sediments without altering the main activities of the working waterway. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. 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, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This expectation is based on the fact that the RNA established by the rule would encompass a small area that should not impact commercial or recreational traffic, and the prohibited activities are not routine for the designated areas. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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 [[Page 42442]] 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 will not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which may be small entities: The owners or operators of vessels intending to anchor, drag, dredge, trawl, spud, or disturb the riverbed in any fashion when this rule is in effect. The RNA would not have a significant economic impact on small entities due to its small area and waiver process for legitimate use. 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 proposed rule would economically affect it. 3. 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. 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 the person listed in FOR FURTHER INFORMATION CONTACT. 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. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). 5. Federalism 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 proposed rule under that Order and determined that this rulemaking does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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. 7. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rulemaking elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. Protection of Children From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not economically significant and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. 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. The Coast Guard and EPA consulted with the Puyallup tribe in coming to this determination. 12. Energy Effects This proposed rule is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 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 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 regulated navigation area which prevents activities which would disturb the riverbed within the areas outlined in this regulation. This proposed rule is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are 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 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 33 CFR Part 165 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. [[Page 42443]] 0 2. Add Sec. 165.1342 to subpart F under the undesignated center heading Thirteenth Coastguard District to read as follows: Sec. 165.1342 Regulated Navigation Area; Middle Waterway Superfund Cleanup Site, Commencement Bay; Tacoma, WA (a) Regulated Areas. The following areas are regulated navigation areas: All waters within the Middle Waterway south of a line connecting a point on the shore at 47[deg]15'51'' N, 122[deg]25'53'' W; thence southwest to 47[deg]15'47'' N, 122[deg]25'59'' W [Datum: NAD 1983]. (b) Regulations. (1) All vessels and persons are prohibited from activities that would disturb the seabed, such as grounding, anchoring, dragging, trawling, spudding, or other activities that involve disrupting the integrity of the caps within the designated regulated navigation area, pursuant to the remediation efforts of the U.S. Environmental Protection Agency (EPA) in the Middle Waterway's EPA superfund cleanup site. Vessels may otherwise transit or navigate within this area in accordance with the Navigation Rules. (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 in the Middle Waterway superfund sites, provided that the Captain of the Port, Puget Sound (COTP), is given advance notice of those activities by the EPA. (c) Waivers. Upon written request stating the need and proposed conditions of the waiver, and any proposed precautionary measures, the COTP may authorize a waiver from this section if the COTP determines that the activity for which the waiver is sought can take place without undue risk to the remediation efforts described in paragraph (b)(1) of this section. The COTP will consult with EPA in making this determination when necessary and practicable. Dated: June 22, 2015. R. T. Gromlich, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2015-17481 Filed 7-16-15; 8:45 am] BILLING CODE 9110-04-P
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553(b) of the Administrative Procedure revenue office with which the person Department of Transportation, West
Act (5 U.S.C. chapter 5) does not apply who performed the services files his Building Ground Floor, Room W12–140,
to these regulations, and because the return. 1200 New Jersey Avenue SE.,
regulations do not impose a collection * * * * * Washington, DC 20590–0001. Deliveries
of information on small entities, the (g) Effective/applicability date. accepted between 9 a.m. and 5 p.m.,
Regulatory Flexibility Act (5 U.S.C. Paragraph (c) of this section applies to Monday through Friday, except federal
chapter 6) does not apply. Pursuant to property transferred on or after January holidays. The telephone number is 202–
section 7805(f) of the Code, these 1, 2016. 366–9329.
regulations have been submitted to the See the ‘‘Public Participation and
Chief Counsel for Advocacy of the Small John M. Dalrymple, Request for Comments’’ portion of the
Business Administration for comment Deputy Commissioner for Services and SUPPLEMENTARY INFORMATION section
on their impact on small business. Enforcement. below for further instructions on
[FR Doc. 2015–17530 Filed 7–16–15; 8:45 am] submitting comments. To avoid
Comments and Request for Public BILLING CODE 4830–01–P duplication, please use only one of
Hearing these three methods.
Before these proposed regulations are FOR FURTHER INFORMATION CONTACT: If
adopted as final regulations, DEPARTMENT OF HOMELAND you have questions on this rule, call or
consideration will be given to any SECURITY email LTJG Johnny Zeng, Waterways
comments that are timely submitted to Management Division, Sector Puget
the IRS as prescribed in this preamble Coast Guard Sound, U.S. Coast Guard; telephone
under the ADDRESSES heading. The (206) 217–6175, email
Treasury Department and the IRS 33 CFR Part 165 SectorPugetSoundWWM@uscg.mil. If
request comments on all aspects of the [Docket Number USCG–2015–0004] you have questions on viewing or
proposed rules. All comments will be submitting material to the docket, call
available at www.regulations.gov or RIN 1625–AA11 Cheryl Collins, Program Manager,
upon request. A public hearing will be Docket Operations, telephone (202)
scheduled if requested in writing by any Regulated Navigation Area; Middle 366–9826.
person that timely submits written or Waterway Superfund Cleanup Site,
SUPPLEMENTARY INFORMATION:
electronic comments. If a public hearing Commencement Bay; Tacoma, WA
is scheduled, notice of the date, time, Table of Acronyms
AGENCY: Coast Guard, DHS.
and place for the hearing will be ACTION: Notice of proposed rulemaking. DHS Department of Homeland Security
published in the Federal Register. FR Federal Register
SUMMARY: The Coast Guard proposes to NPRM Notice of Proposed Rulemaking
Drafting Information
establish a regulated navigation area A. Public Participation and Request for
The principal authors of these (RNA) on the Middle Waterway in Comments
proposed regulations are Thomas Scholz Tacoma, Washington. The RNA will
and Michael Hughes, Office of the protect the sediment cap areas in the We encourage you to participate in
Associate Chief Counsel (Tax Exempt U.S. Environmental Protection Agency this rulemaking by submitting
and Government Entities). However, (EPA)’s Commencement Bay Nearshore/ comments and related materials. All
other personnel from the IRS and the Tideflats (CB–NT) Superfund Cleanup comments received will be posted
Treasury Department participated in Site in the Middle Waterway Problem without change to http://
their development. Area. This regulated navigation area www.regulations.gov and will include
would prohibit activities that could any personal information you have
List of Subjects 26 CFR Part 1 provided.
disrupt the integrity of the engineered
Income taxes, Reporting and sediment caps that have been placed 1. Submitting comments
recordkeeping requirements. within the Middle Waterway Problem If you submit a comment, please
Proposed Amendments to the Area. These activities include vessel include the docket number for this
Regulations grounding, anchoring, dragging, rulemaking, indicate the specific section
trawling, spudding or other such of this document to which each
Accordingly, 26 CFR part 1 is activities that would disturb the
proposed to be amended as follows: comment applies, and provide a reason
integrity of the sediment caps. It will for each suggestion or recommendation.
PART 1—INCOME TAXES not affect transit or navigation of this You may submit your comments and
area or the existing industrial activities material online at http://
■ Paragraph 1. The authority citation for occurring in this area. www.regulations.gov, or by fax, mail, or
part 1 continues to read in part as DATES: Comments and related material hand delivery, but please use only one
follows: must be received by the Coast Guard on of these means. If you submit a
Authority: 26 U.S.C. 7805 * * *
or before October 15, 2015. Requests for comment online, it will be considered
public meetings must be received by the received by the Coast Guard when you
■ Par. 2. Section 1.83–2 is amended by Coast Guard on or before August 17,
revising paragraph (c) and adding successfully transmit the comment. If
2015. you fax, hand deliver, or mail your
mstockstill on DSK4VPTVN1PROD with PROPOSALS
paragraph (g) to read as follows:
ADDRESSES: You may submit comments comment, it will be considered as
§ 1.83–2 Election to include in gross identified by docket number using any having been received by the Coast
income in year of transfer. one of the following methods: Guard when it is received at the Docket
* * * * * (1) Federal eRulemaking Portal: Management Facility. We recommend
(c) Manner of making election. The http://www.regulations.gov. that you include your name and a
election referred to in paragraph (a) of (2) Fax: 202–493–2251. mailing address, an email address, or a
this section is made by filing one copy (3) Mail or Delivery: Docket telephone number in the body of your
of a written statement with the internal Management Facility (M–30), U.S. document so that we can contact you if
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we have questions regarding your Area (RNA) for the Middle Waterway Traffic Service Puget Sound through
submission. Problem Area of the CB–NT Superfund radar and closed circuit television
To submit your comment online, go to Cleanup Site in Tacoma, Washington. sensors. The Captain of the Port Puget
http://www.regulations.gov, type the This request was received as a result of Sound may also be assisted by other
docket number [USCG–2015–0004] in the need to protect the engineered state, local, or government agencies in
the ‘‘SEARCH’’ box and click sediment caps in the Middle Waterway the enforcement of this rule.
‘‘SEARCH.’’ Click on ‘‘Submit a from activities that could disrupt the
D. Discussion of Proposed Rule
Comment’’ on the line associated with integrity of the caps within the CB–NT
this rulemaking. Superfund Cleanup Site. The Coast Guard proposes to establish
If you submit your comments by mail The CB–NT was added to the U.S. a permanent RNA on the Middle
or hand delivery, submit them in an EPA’s National Priorities List Waterway to protect the sediment caps
unbound format, no larger than 81⁄2 by (Superfund) in September 1983 because in the Middle Waterway Problem Area
11 inches, suitable for copying and of hazardous substance contamination of the CB–NT Superfund Site. It would
electronic filing. If you submit in the sediment. The EPA selected the do so by restricting vessel anchoring,
comments by mail and would like to Middle Waterway Problem Area for dragging, trawling, spudding or other
know that they reached the Facility, remedial action, and subsequently activities that could disrupt the integrity
please enclose a stamped, self-addressed cleanup activities were conducted of the caps and the underlying
postcard or envelope. We will consider pursuant to the Comprehensive contaminated sediments located in the
all comments and material received Environmental Response, proposed RNA. Activities common in
during the comment period and may Compensation, and Liability Act the proposed regulated areas include
change the rule based on your (CERCLA). tugboat and log-rafting activities,
comments. Remediation activities identified for tugboat moorage, removal and
the Middle Waterway included launching of ships for repair, and other
2. Viewing comments and documents dredging, placement of enhanced ship repair and maintenance activities.
To view comments, as well as natural recovery material, placement of The cap areas were designed to be
documents mentioned in this preamble caps, and natural recovery. The caps compatible with the activities described
as being available in the docket, go to consist of approximately three feet of above that are associated with a working
http://www.regulations.gov, type the sand and gravel and light-loose riprap, waterfront. The material used for the
docket number (USCG–2015–0004) in and were placed in various locations caps was chosen to be able to contain
the ‘‘SEARCH’’ box and click within the waterway to contain the underlying sediments without altering
‘‘SEARCH.’’ Click on Open Docket contaminated sediments. These caps the main activities of the working
Folder on the line associated with this were designed to withstand activities waterway.
rulemaking. You may also visit the common to a working waterfront. The
Docket Management Facility in Room cap areas cover approximately two acres E. Regulatory Analyses
W12–140 on the ground floor of the of sediment in the waterway. We developed this proposed rule after
Department of Transportation West Construction activities were initiated in considering numerous statutes and
Building, 1200 New Jersey Avenue SE., July 2003 and completed in January executive orders related to rulemaking.
Washington, DC 20590, between 9 a.m. 2005. A Remedial Action Completion Below we summarize our analyses
and 5 p.m., Monday through Friday, Report documenting the cleanup based on a number of these statutes or
except Federal holidays. activities was completed and approved executive orders.
by the U.S. EPA in April 2005.
3. Privacy Act 1. Regulatory Planning and Review
C. Basis and Purpose
Anyone can search the electronic This proposed rule is not a significant
form of comments received into any of Under the Ports and Waterways Safety regulatory action under section 3(f) of
our dockets by the name of the Act, the Coast Guard has the authority Executive Order 12866, Regulatory
individual submitting the comment (or to establish RNAs in defined water areas Planning and Review, as supplemented
signing the comment, if submitted on that are determined to have hazardous by Executive Order 13563, Improving
behalf of an association, business, labor conditions and in which vessel traffic Regulation and Regulatory Review, and
union, etc.). You may review a Privacy can be regulated in the interest of safety. does not require an assessment of
Act notice regarding our public dockets See 33 U.S.C. 1231 and Department of potential costs and benefits under
in the January 17, 2008, issue of the Homeland Security Delegation No. section 6(a)(3) of Executive Order 12866
Federal Register (73 FR 3316). 0170.1. Coast Guard District or under section 1 of Executive Order
Commanders are granted authority 13563. The Office of Management and
4. Public Meeting under 33 CFR 165.11 to regulate vessel Budget has not reviewed it under those
We do not now plan to hold a public traffic in areas with hazardous Orders. This expectation is based on the
meeting. But you may submit a request conditions. This rule is necessary to fact that the RNA established by the rule
for one, using one of the methods prevent disturbance of the sediment would encompass a small area that
specified under ADDRESSES. Please caps established in the Middle should not impact commercial or
explain why you believe a public Waterway Problem Area of the CB–NT recreational traffic, and the prohibited
meeting would be beneficial. If we Superfund Cleanup Site. Disruption of activities are not routine for the
the integrity of the caps may result in a
mstockstill on DSK4VPTVN1PROD with PROPOSALS
determine that one would aid this designated areas.
rulemaking, we will hold one at a time hazardous condition and harm to the
marine environment. As such, this RNA 2. Impact on Small Entities
and place announced by a later notice
in the Federal Register. is necessary to protect the integrity of The Regulatory Flexibility Act of 1980
the caps and will do so by prohibiting (RFA), 5 U.S.C. 601–612, as amended,
B. Regulatory History and Information maritime activities that could disturb or requires federal agencies to consider the
The Coast Guard received notice from damage them. Enforcement of this RNA potential impact of regulations on small
the U.S. EPA requesting the will be managed by Coast Guard Sector entities during rulemaking. The term
establishment of a Regulated Navigation Puget Sound assets including Vessel ‘‘small entities’’ comprises small
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■ 2. Add § 165.1342 to subpart F under ENVIRONMENTAL PROTECTION Programs Branch (AR–18J),
the undesignated center heading AGENCY Environmental Protection Agency,
Thirteenth Coastguard District to read as Region 5, 77 West Jackson Boulevard,
follows: 40 CFR Part 52 Chicago, Illinois 60604, (312) 886–6031,
[EPA–R05–OAR–2013–0193; FRL–9930–40– hatten.charles@epa.gov.
§ 165.1342 Regulated Navigation Area; SUPPLEMENTARY INFORMATION: In the
Region 5]
Middle Waterway Superfund Cleanup Site,
Final Rules section of this Federal
Commencement Bay; Tacoma, WA Approval of Air Quality Implementation Register, EPA is approving a portion of
(a) Regulated Areas. The following Plans; Indiana; Lead Rule Revisions the State’s SIP submittal as a direct final
areas are regulated navigation areas: All AGENCY: Environmental Protection rule without prior proposal because the
waters within the Middle Waterway Agency (EPA). Agency views this as a noncontroversial
south of a line connecting a point on the submittal and anticipates no adverse
ACTION: Proposed rule.
shore at 47°15′51″ N, 122°25′53″ W; comments. A detailed rationale for the
thence southwest to 47°15′47″ N, SUMMARY: The Environmental Protection approval is set forth in the direct final
122°25′59″ W [Datum: NAD 1983]. Agency (EPA) is proposing to approve a rule. If EPA does not receive adverse
request submitted on March 14, 2013, comments in response to this rule, no
(b) Regulations. (1) All vessels and further activity is contemplated. If EPA
persons are prohibited from activities and supplemented on November 17,
2014, by the Indiana Department of receives adverse comments, EPA will
that would disturb the seabed, such as withdraw the direct final rule and will
grounding, anchoring, dragging, Environmental Management to revise
the state implementation plan for lead. address all public comments received in
trawling, spudding, or other activities a subsequent final rule based on this
The submittal updates Indiana’s lead
that involve disrupting the integrity of proposed rule. EPA will not institute a
rule at Title 326 of the Indiana
the caps within the designated regulated second comment period. Any parties
Administrative Code (IAC), Article 15. It
navigation area, pursuant to the interested in commenting on this action
also amends 326 IAC Article 20, to
remediation efforts of the U.S. incorporate some of the provisions of should do so at this time. Please note
Environmental Protection Agency (EPA) EPA’s National Emission Standard for that if EPA receives adverse comment
in the Middle Waterway’s EPA Hazardous Air Pollutants for secondary on an amendment, paragraph, or section
superfund cleanup site. Vessels may lead smelters. IDEM made the revisions of this rule, and if that provision can be
otherwise transit or navigate within this to increase the stringency and clarity of severed from the remainder of the rule,
area in accordance with the Navigation Indiana’s lead SIP rules. EPA may adopt as final those provisions
Rules. of the rule that are not the subject of an
DATES: Comments must be received on
adverse comment. For additional
(2) The prohibition described in or before August 17, 2015.
information, see the direct final rule
paragraph (b)(1) of this section does not ADDRESSES: Submit your comments, which is located in the Rules section of
apply to vessels or persons engaged in identified by Docket ID No. EPA–R05– this Federal Register.
activities associated with remediation OAR–2013–0193 by one of the following
efforts in the Middle Waterway methods: Dated: July 2, 2015.
superfund sites, provided that the 1. www.regulations.gov: Follow the Susan Hedman,
Captain of the Port, Puget Sound on-line instructions for submitting Regional Administrator, Region 5.
(COTP), is given advance notice of those comments. [FR Doc. 2015–17473 Filed 7–16–15; 8:45 am]
activities by the EPA. 2. Email: blakley.pamela@epa.gov. BILLING CODE 6560–50–P
3. Fax: (312) 692–2450.
(c) Waivers. Upon written request
4. Mail: Pamela Blakley, Chief,
stating the need and proposed ENVIRONMENTAL PROTECTION
Control Strategies Section (AR–18J),
conditions of the waiver, and any AGENCY
U.S. Environmental Protection Agency,
proposed precautionary measures, the 77 West Jackson Boulevard, Chicago,
COTP may authorize a waiver from this Illinois 60604. 40 CFR Part 52
section if the COTP determines that the 5. Hand Delivery: Pamela Blakley, [EPA–R06–OAR–2010–0283; FRL–9930–68–
activity for which the waiver is sought Chief, Control Strategies Section (AR– Region 6]
can take place without undue risk to the 18J), U.S. Environmental Protection
remediation efforts described in Agency, 77 West Jackson Boulevard, Approval and Promulgation of
paragraph (b)(1) of this section. The Chicago, Illinois 60604. Such deliveries Implementation Plans; Texas;
COTP will consult with EPA in making are only accepted during the Regional Revisions to the Minor New Source
this determination when necessary and Office normal hours of operation, and Review (NSR) State Implementation
practicable. special arrangements should be made Plan (SIP) for Portable Facilities
Dated: June 22, 2015. for deliveries of boxed information. The
AGENCY: Environmental Protection
Regional Office official hours of
R. T. Gromlich, Agency.
business are Monday through Friday,
Rear Admiral, U.S. Coast Guard, Commander, 8:30 a.m. to 4:30 p.m., excluding ACTION: Proposed rule.
Thirteenth Coast Guard District. Federal holidays. SUMMARY: The Environmental Protection
mstockstill on DSK4VPTVN1PROD with PROPOSALS
[FR Doc. 2015–17481 Filed 7–16–15; 8:45 am] Please see the direct final rule which Agency (EPA) is proposing to approve
BILLING CODE 9110–04–P is located in the Rules section of this revisions to the Texas State
Federal Register for detailed Implementation Plan (SIP) submitted by
instructions on how to submit the Texas Commission on
comments. Environmental Quality (TCEQ) on
FOR FURTHER INFORMATION CONTACT: March 19, 2010 and July 2, 2010. These
Charles Hatten, Environmental revisions to the Texas SIP revise the
Engineer, Control Strategies Section, Air minor New Source Review (NSR)
VerDate Sep<11>2014 17:50 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1](https://thefederalregister.org/doc/80_FR_42577/page/4.svg)
Document Created: 2018-02-23 09:21:51
Document Modified: 2018-02-23 09:21:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before October 15, 2015. Requests for public meetings must be received by the Coast Guard on or before August 17, 2015. | |
| Contact | If you have questions on this rule, call or email LTJG Johnny Zeng, Waterways Management Division, Sector Puget Sound, U.S. Coast Guard; telephone (206) 217-6175, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 42440 | |
| RIN Number | 1625-AA11 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures; Waterways; For the Reasons Discussed in the Preamble and The Coast Guard Proposes to Amend 33 Cfr Part 165 As Follows: |
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