81 FR 61619 - Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Charleston, South Carolina

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range		61619-61625
FR Document		2016-21454
The Environmental Protection Agency (EPA) is approving a modification of the ocean dredged material disposal site (ODMDS) offshore of Charleston, South Carolina pursuant to the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). The primary purpose for the site modification is to serve the long-term need for a location to dispose of material dredged from the Charleston Harbor federal navigation channel, and to provide a location for the disposal of dredged material for persons who have received a permit for such disposal. The modified site will be subject to ongoing monitoring and management to ensure continued protection of the marine environment. In addition, the EPA now issues a technical amendment to correct a clerical error in the proposed rule.
Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Rules and Regulations]
[Pages 61619-61625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21454]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R04-OW-2016-0356; FRL-9951-96-Region 4]


Ocean Dumping: Modification of an Ocean Dredged Material Disposal 
Site Offshore of Charleston, South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and technical amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
modification of the ocean dredged material disposal site (ODMDS) 
offshore of Charleston, South Carolina pursuant to the Marine 
Protection, Research and Sanctuaries Act, as amended (MPRSA). The 
primary purpose for the site modification is to serve the long-term 
need for a location to dispose of material dredged from the Charleston 
Harbor federal navigation channel, and to provide a location for the 
disposal of dredged material for persons who have received a permit for 
such disposal. The modified site will be subject to ongoing monitoring 
and management to ensure continued protection of the marine 
environment. In addition, the EPA now issues a technical amendment to 
correct a clerical error in the proposed rule.

DATES: The effective date of this final action shall be October 7, 
2016.

ADDRESSES: Docket: All documents in the Docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, e.g.,

[[Page 61620]]

confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available or in hard copy at the 
EPA Region 4 Office, 61 Forsyth Street SW., Atlanta, Georgia 30303. The 
file will be made available for public inspection in the Region 4 
library between the hours of 9:00 a.m. and 4:30 p.m. weekdays. Contact 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below to make an appointment. If possible, please make your appointment 
at least two working days in advance of your visit. There will be a 15 
cent per page fee for making photocopies of documents.

FOR FURTHER INFORMATION CONTACT: Gary W. Collins, U.S. Environmental 
Protection Agency, Region 4, Water Protection Division, Marine 
Regulatory and Wetlands Enforcement Section, 61 Forsyth Street, 
Atlanta, Georgia 30303; phone number (404) 562-9395; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Potentially Affected Persons

    Persons potentially affected by this action include those who seek 
or might seek permits or approval to dispose of dredged material into 
ocean waters pursuant to the Marine Protection, Research, and 
Sanctuaries Act, as amended (MPRSA), 33 U.S.C. 1401 to 1445. The EPA's 
action would be relevant to persons, including organizations and 
government bodies seeking to dispose of dredged material in ocean 
waters offshore of Charleston, South Carolina. Currently, the U.S. Army 
Corps of Engineers (USACE) would be most affected by this action. 
Potentially affected categories and persons include:

------------------------------------------------------------------------
                                             Examples of potentially
                Category                        regulated persons
------------------------------------------------------------------------
Federal government.....................  U.S. Army Corps of Engineers
                                          Civil Works projects, U.S.
                                          Navy and other Federal
                                          agencies.
Industry and general public............  Port authorities, marinas and
                                          harbors, shipyards and marine
                                          repair facilities, berth
                                          owners.
State, local and tribal governments....  Governments owning and/or
                                          responsible for ports,
                                          harbors, and/or berths,
                                          Government agencies requiring
                                          disposal of dredged material
                                          associated with public works
                                          projects.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding persons likely to be affected by this 
action. For any questions regarding the applicability of this action to 
a particular person, please refer to the contact person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

II. Background

A. History of Disposal Sites Offshore of Charleston, South Carolina

    The existing Charleston ODMDS is located approximately 9 nautical 
miles (nmi) southeast of the mouth of Charleston Harbor on the 
continental shelf off the coast of South Carolina. It is currently 12.1 
nmi\2\ in size, with an authorized disposal zone that is 3.0 nmi\2\ in 
size. Since 1896, the area now designated as the Charleston ODMDS and 
vicinity has been used for disposal of dredged material (e.g., sand, 
silt, clay, rock) primarily from the Charleston Harbor Navigation 
Project. The Charleston ODMDS received interim site designation status 
in 1977 and final designation in 1987. The discovery of live bottom 
habitats within the original site resulted in several modifications to 
use of the site resulting in the creation of the restricted disposal 
zone.
    The USACE Charleston District and the EPA Region 4 have identified 
a need to either designate a new ODMDS or expand the existing 
Charleston ODMDS. The need for expanding current ocean disposal 
capacity is based on future capacity modeling, historical dredging 
volumes, estimates of dredging volumes for future proposed projects, 
and limited capacity of upland confined disposal facilities (CDFs) in 
the area.
    The modification of the ODMDS for dredged material does not mean 
that the USACE or the EPA has approved the use of the ODMDS for open 
water disposal of dredged material from any specific project. Before 
any person can dispose dredged material at the ODMDS, the EPA and the 
USACE must evaluate the project according to the ocean dumping 
regulatory criteria (40 CFR, part 227) and authorize the disposal. The 
EPA independently evaluates proposed dumping and has the right to 
restrict and/or disapprove of the actual disposal of dredged material 
if the EPA determines that environmental requirements under the MPRSA 
have not been met.

B. Location and Configuration of Modified Ocean Dredged Material 
Disposal Site

    This action modifies the ODMDS offshore of Charleston, South 
Carolina. The location of the modified ODMDS is bounded by the 
coordinates, listed below. The modification of the ODMDS will allow the 
EPA to adaptively manage the ODMDS to maximize its capacity, minimize 
the potential for mounding and associated safety concerns, potentially 
create hard bottom habitat and minimize the potential for any long-term 
adverse effects to the marine environment.
    The coordinates for the site are, in North American Datum 83 (NAD 
83):
Modified Charleston ODMDS
(A) 32[deg]36.280' N., 79[deg]43.662' W.
(B) 32[deg]37.646' N., 79[deg]46.576' W.
(C) 32[deg]39.943' N., 79[deg]45.068' W.
(D) 32[deg]38.579' N., 79[deg]42.152' W.

    The modified ODMDS is located in approximately 30 to 45 feet of 
water, and is located to approximately 6.0 nmi offshore. The modified 
ODMDS would be 7.4 nmi\2\ in size.

C. Response to Comments Received

    On July 13, 2016, the EPA published a proposed rule to modify the 
site and opened a public comment period under Docket ID No. EPA-R04-OW-
2016-0356. The comment period ended on August 12, 2016. The EPA 
received two comments on the proposed rule. One comment was from the 
U.S. Department of Interior stating that they had no comments at this 
time. The second comment was from the U.S. National Oceanic and 
Atmospheric Administration in regards to a clerical error with three 
site coordinates describing the location of the ODMDS. The EPA 
acknowledges the error and is making corrections as described in the 
technical amendment section below.

D. Management and Monitoring of the Site

    The modified ODMDS is expected to receive sediments dredged by the 
USACE to deepen and maintain the federally authorized navigation 
project at Charleston Harbor, South Carolina, and dredged material from 
other persons who have obtained a permit for the transportation of 
dredged material

[[Page 61621]]

for the purpose of disposal at the ODMDS. All persons using the ODMDS 
are required to follow a Site Management and Monitoring Plan (SMMP) for 
the ODMDS. The SMMP includes management and monitoring requirements to 
ensure that dredged materials disposed at the ODMDS are suitable for 
disposal in the ocean and that adverse impacts of disposal, if any, are 
addressed to the maximum extent practicable. The SMMP for the modified 
ODMDS, in addition to the aforementioned, also addresses management of 
the ODMDS to ensure adverse mounding does not occur, promotes habitat 
creation where possible and to ensure that disposal events minimize 
interference with other uses of ocean waters in the vicinity of the 
modified ODMDS. The SMMP, which was available for public review, is 
currently being routed for signature by the Charleston District 
Engineer.

E. MPRSA Criteria

    In modifying the ODMDS, the EPA assessed the modified ODMDS 
according to the criteria of the MPRSA, with particular emphasis on the 
general and specific regulatory criteria of 40 CFR part 228, to 
determine whether the site modification satisfies those criteria. The 
EPA's Final Environmental Assessment for Modification of an Ocean 
Dredged Material Disposal Site Offshore Charleston, South Carolina, 
[June 2016] (EA), provides an extensive evaluation of the criteria and 
other related factors for the modification of the ODMDS.
General Criteria (40 CFR 228.5)
    (1) Sites must be selected to minimize interference with other 
activities in the marine environment, particularly avoiding areas of 
existing fisheries or shellfisheries, and regions of heavy commercial 
or recreational navigation (40 CFR 228.5(a)).
    Dredged material disposal within the existing Charleston ODMDS has 
been confined to the eastern side of the designated site within a 
defined 4-mi\2\ disposal zone to avoid impacts to live hardbottom. 
During this time, dredged material disposal at the site has not 
interfered with commercial or recreational navigation, commercial 
fishing, or sportfishing activities. The modification of the site 
boundaries to the north, east, and south is not expected to change 
these conditions. This action avoids major fisheries, natural and 
artificial reefs, and areas of recreational use. Modification of the 
site to the east will minimize interference with shellfisheries by 
avoiding areas located primarily to the west of the ODMDS that are 
frequently used by commercial shrimpers. Construction of the berm will 
provide an additional approximately 427 acres of hardbottom habitat and 
will protect existing hardbottom habitat by minimizing sediment 
transport. There will be a 3000-foot buffer along the northern 
perimeter of the ODMDS where dumping will not occur. Modeling results 
indicate that this buffer should be sufficient to protect probable 
hardbottom areas to the north of the site.
    (2) Sites must be situated such that temporary perturbations to 
water quality or other environmental conditions during initial mixing 
caused by disposal operations would be reduced to normal ambient levels 
or undetectable contaminant concentrations or effects before reaching 
any beach, shoreline, marine sanctuary, or known geographically limited 
fishery or shellfishery (40 CFR 228.5(b)).
    The ODMDS modification area will be used for disposal of suitable 
dredged material as determined by Section 103 of the MPRSA. Based on 
the USACE and EPA sediment testing and evaluation of dredged 
maintenance material and proposed new work material from the Post 45 
deepening project, disposal is not expected to have any long-term 
impact on the water quality. Results of the maximum concentration found 
outside the disposal area after 4 hours of mixing for each dredging 
unit was zero. Based on these results, water quality perturbations that 
could reach any beach, shoreline, marine sanctuary, or known 
geographically-limited fishery or shellfishery are not expected. The 
western edge of the modified ODMDS is approximately 7 miles offshore 
such that prevailing current will not transport dredged material to 
beaches. Water quality perturbations caused by dispersion of disposal 
material will be reduced to ambient conditions before reaching any 
environmentally sensitive areas.
    (3) The sizes of disposal sites will be limited in order to 
localize for identification and control any immediate adverse impacts, 
and to permit the implementation of effective monitoring and 
surveillance to prevent adverse long-range impacts. Size, 
configuration, and location are to be determined as part of the 
disposal site evaluation (40 CFR 228.5(d)).
    The location, size, and configuration of the modified ODMDS 
provides long-term capacity, site management, and site monitoring while 
limiting environmental impacts to the surrounding area. Based on 25 
years of projected new work and maintenance dredged material disposal 
needs, it is estimated that the ODMDS modification area should 
accommodate approximately 66.5 mcy of dredged material in order to meet 
the long-term disposal needs of the area. The dump zone within the 
modified ODMDS is estimated to have approximately 75 mcy of capacity. 
The capacity in the dump zone provides a reasonable amount of 
additional capacity to manage risk, account for future unknown disposal 
operations from private entities, and provides a margin of navigation 
safety. The remaining area within the boundaries of the existing 12 
nmi\2\ Charleston ODMDS (parallelogram) would be de-designated. The 
area to be de-designated is approximately 10.4 mi\2\ (7.8 nmi\2\) in 
size and contains documented hardbottom habitat.
    By adding 5.8 mi\2\ (4.4 nmi\2\) to the existing ODMDS disposal 
zone, the total area of the modified Charleston ODMDS would be 9.8 
mi\2\ (7.4 nmi\2\), with a dump zone area of 5.1 mi\2\ (3.9 nmi\2\). An 
ODMDS of this size and capacity will provide a long-term ocean disposal 
option for the region.
    To help protect nearby hardbottom habitat from being buried by 
sediment migrating from the ODMDS, a U-shaped berm along the east, 
south, and west perimeters of the modified ODMDS will be constructed. 
Although there is probable hardbottom located north of the modified 
ODMDS, no berm will be constructed along the northern boundary. 
However, there will be a 3000-foot buffer along the northern perimeter 
of the ODMDS where dumping will not occur. Fate modeling indicates that 
this buffer should be sufficient to protect probable hardbottom areas 
to the north of the site.
    When determining the size of the modified site, the ability to 
implement effective monitoring and surveillance programs, among other 
things, was factored in to ensure that navigational safety would not be 
compromised and to prevent mounding of dredged material, which could 
result in adverse wave conditions. A site management and monitoring 
program will be implemented to determine if disposal at the site is 
significantly affecting adjacent areas and to detect the presence of 
long-term adverse effects. At a minimum, the monitoring program will 
consist of bathymetric surveys, sediment grain size analysis, chemical 
analysis of constituents of concern in the sediments, and a health 
assessment of the benthic community.
    (4) EPA will, wherever feasible, designate ocean dumping sites 
beyond the edge of the continental shelf and other such sites where 
historical disposal has occurred (40 CFR 228.5(e)).

[[Page 61622]]

    The continental slope is approximately 55 nmi offshore of 
Charleston. Disposal off the continental shelf (shelf break) was 
evaluated in detail the 1983 ODMDS Designation EIS document. In 
comparison to locating the site in the nearshore region, it was 
determined that monitoring and surveillance would be more difficult and 
expensive in the shelf break area because of the distance from shore to 
the deeper waters. Transporting material to and performing long-term 
monitoring of a site located off the continental shelf is not 
economically or operationally feasible.
    The historically used ocean dumping site, Charleston ODMDS, is not 
located beyond the continental shelf. A portion of the modified ODMDS 
encompasses an area previously designated for disposal.
Specific Criteria (40 CFR 228.6)
    (1) Geographical position, depth of water, bottom topography and 
distance from coast (40 CFR 228.6(a)(1)).
    The modified ODMDS is located on the shallow continental shelf, 
approximately 6 nmi offshore of Charleston, South Carolina. Water 
depths range from -30 to -45 feet (9 to 13 meters) with an overall 
average depth of -40 feet (12 meters). Characteristics of the South 
Atlantic Bight seafloor include low relief, relatively gentle 
gradients, and smooth bottom surfaces exhibiting physiographic features 
contoured by erosional processes. Sediments largely consist of fine to 
coarse sands. Some areas contain extensive coarse grains and shell 
hash. Fines were found to be typically less than 10%.
    (2) Location in relation to breeding, spawning, nursery, feeding, 
or passage areas of living resources in adult or juvenile phases (40 
CFR 228.6(a)(2)).
    The modified ODMDS is not located in exclusive breeding, spawning, 
nursery, feeding, or passage areas for adult or juvenile phases of 
living resources. The intensity of these activities within the vicinity 
of the ODMDS is seasonally variable, with peaks typically occurring in 
the spring and early fall for most commercially important finfish and 
shellfish species (USEPA 1983). The ODMDS is not located within North 
Atlantic right whale critical habitat.
    (3) Location in relation to beaches and other amenity areas (40 CFR 
228.6(a)(3)).
    The center of the modified ODMDS is approximately 7 mi (6 nmi) from 
the nearest coastal beach. The site is approximately 3.1 mi (2.7 nmi) 
south of the nearest artificial reef. No significant impacts to beaches 
or amenity areas associated with the existing ODMDS have been 
documented.
    (4) Types and quantities of wastes proposed to be disposed of, and 
proposed methods of release, including methods of packing the waste, if 
any (40 CFR 228.6(a)(4)).
    Only material that meets EPA Ocean Dumping Criteria in 40 CFR 220-
229 will be placed in the ODMDS. Average annual maintenance material is 
approximately 1.4 mcy and approximately 31.2 mcy of new work material 
is expected from the Charleston Harbor Deepening Project. Sediments 
dredged from Charleston Harbor and the entrance channel are a mixture 
of silt, sand, and rock. Hopper dredge, barge, and scow combinations 
are the usual vehicles of transport for the dredged material. None of 
the material is packaged in any manner.
    (5) Feasibility of surveillance and monitoring (40 CFR 
228.6(a)(5)).
    The EPA expects monitoring and surveillance at the modified ODMDS 
to be feasible and readily performed from ocean or regional class 
research vessels. The modified ODMDS is of similar size, water depth 
and distance from shore as are a majority of the ODMDSs within the 
Southeastern United States which are routinely monitored. The EPA will 
ensure monitoring of the site for physical, biological and chemical 
attributes as well as for potential impacts beyond the site boundaries. 
Bathymetric surveys will be conducted routinely as defined in the SMMP, 
contaminant levels in the dredged material will be analyzed prior to 
dumping, and the benthic infauna and epibenthic organisms will be 
monitored every 10 years, as funding allows.
    (6) Dispersal, horizontal transport and vertical mixing 
characteristics of the area, including prevailing current direction and 
velocity, if any (40 CFR 228.6(a)(6)).
    A study conducted by EPA from 2013-2015 indicated that currents in 
the vicinity of the Charleston ODMDS tend to have a significant tidal 
component with predominant currents in the cross-shore direction. The 
depth-averaged median current velocity was 18 cm/sec (0.6 ft/sec) with 
90% of the measurements below 30 cm/sec (1.1 ft/sec). Wind-driven 
circulation is the most important factor in controlling sediment 
transport. Strong winds generate waves that steer the sediment on the 
seabed and create large nearbed suspended sediment concentrations. 
Suspended sediment transport is directed mainly NE and SW in response 
to local wind climate and the wind-generated alongshore flows. LTFATE 
and MPFATE modeling results over a 25-year period indicate depths of 
sediment deposited outside the boundaries of the ODMDS will not exceed 
the 5 cm deposition contour guidance provided by EPA.
    (7) Existence and effects of current and previous discharges and 
dumping in the area (including cumulative effects) (40 CFR 
228.6(a)(7)).
    Previous disposal of dredged material resulted in temporary 
increases in suspended sediment concentrations during disposal 
operations, localized mounding within the site, burial of benthic 
organisms within the site, changes in the abundance and composition of 
benthic assemblages, and changes in the sediment composition from sandy 
sediments to finer-grained silts. Impacts to live bottoms were 
identified in the western portion of the 12-mi\2\ ODMDS.
    Short-term, long-term, and cumulative effects of dredged material 
disposal in the ODMDS modification area would be similar to those for 
the existing ODMDS.
    (8) Interference with shipping, fishing, recreation, mineral 
extraction, desalination, fish and shellfish culture, areas of special 
scientific importance and other legitimate uses of the ocean (40 CFR 
228.6(a)(8)).
    The modified ODMDS is not expected to interfere with shipping, 
fishing, recreation or other legitimate uses of the ocean. Commercial 
navigation, commercial fishing, and mineral extraction (sand mining) 
are the primary activities that may spatially overlap with disposal at 
the modified ODMDS. The modified ODMDS avoids the National 
Oceanographic and Atmospheric Administration (NOAA) recommended vessel 
routes offshore Charleston, South Carolina, thereby avoiding conflict 
with commercial navigation.
    Commercial fishing (shrimp trawling) occurs primarily to the west 
of the modified ODMDS. The likelihood of direct interference with these 
activities is low, provided there is close communication and 
coordination among users of the ocean resources. The EPA is not aware 
of any plans for desalination plants, or fish and shellfish culture 
operations near the modified ODMDS at this time. The modified ODMDS is 
not located in areas of special scientific importance.
    (9) The existing water quality and ecology of the sites as 
determined by available data or trend assessment of baseline surveys 
(40 CFR 228.6(a)(9)).
    Water quality of the existing site is typical of the Atlantic 
Ocean. Water and sediment quality analyses conducted in the study area 
and experience with past

[[Page 61623]]

disposals in the Charleston ODMDS have not identified any adverse water 
quality impacts from ocean disposal of dredged material. The site 
supports benthic and epibenthic fauna characteristic of the South 
Atlantic Bight. Neither the pelagic (mobile) or benthic (non-mobile) 
communities should sustain irreparable harm due to their widespread 
occurrence off the South Carolina coast.
    (10) Potentiality for the development or recruitment of nuisance 
species in the disposal site (40 CFR 228.6(a)(10)).
    Nuisance species, considered as any undesirable organism not 
previously existing at a location, have not been observed at, or in the 
vicinity of, the modified ODMDS. They are either transported to or 
recruited to the site because the disposal of dredged material creates 
an environment where they can establish. Habitat conditions have 
changed somewhat at the Charleston ODMDS because of the disposal of 
some silty material on what was predominately sandy sediments. While it 
can be expected that organisms will become established at the site 
which were not there previously, this new community is not regarded as 
a nuisance, or ``undesirable,'' community.
    (11) Existence at or in close proximity to the site of any 
significant natural or cultural feature of historical importance (40 
CFR 228.6(a)(11)).
    No significant cultural features have been identified at, or in the 
vicinity of, the modified ODMDS at this time. Surveys conducted in 
2012-2013 did not identify any cultural features of historical 
importance. The EPA has coordinated with South Carolina's State 
Historic Preservation Officer (SHPO) to identify any cultural features. 
The SHPO concurred with the EPA's determination that the modification 
of the ODMDS will have no effect on cultural resources listed, or 
eligible for listing on the National Register of Historic Places as no 
such resources exist in the project area.

F. Technical Amendment

    The EPA corrected a clerical error that was included in the 
proposed language regarding the modified ODMDS coordinates. The second, 
third, and fourth latitude coordinates were incorrect in the proposed 
language but have been corrected to reflect the actual corner 
coordinates for the modified ODMDS.

III. Environmental Statutory Review--National Environmental Policy Act 
(NEPA); Magnuson-Stevens Act (MSA); Marine Mammal Protection Act 
(MMPA); Coastal Zone Management Act (CZMA); Endangered Species Act 
(ESA); National Historic Preservation Act (NHPA)

A. NEPA

    Section 102 of the National Environmental Policy Act of 1969, as 
amended (NEPA), 42 U.S.C. 4321 to 4370f, requires Federal agencies to 
prepare an Environmental Impact Statement (EIS) for major federal 
actions significantly affecting the quality of the human environment. 
NEPA does not apply to EPA designations of ocean disposal sites under 
the MPRSA because the courts have exempted the EPA's actions under the 
MPRSA from the procedural requirements of NEPA through the functional 
equivalence doctrine. The EPA has, by policy, determined that the 
preparation of NEPA documents for certain EPA regulatory actions, 
including actions under the MPRSA, is appropriate. The EPA's ``Notice 
of Policy and Procedures for Voluntary Preparation of NEPA Documents,'' 
(Voluntary NEPA Policy), 63 FR 58045, (October 29, 1998), sets out both 
the policy and procedures the EPA uses when preparing such 
environmental review documents. The EPA's primary voluntary NEPA 
document for expanding the ODMDS is the Final Environmental Assessment 
for Modification of an Ocean Dredged Material Disposal Site Offshore 
Charleston, South Carolina, [June 2016] (FEA), prepared by the EPA in 
cooperation with the USACE. Anyone desiring a copy of the FEA may 
obtain one from the addresses given above. A draft of this document was 
released for public review in December, 2015. The public comment period 
on the FEA closed on August 9, 2016. The FEA and its Appendices, which 
are part of the Docket for this action, provide the threshold 
environmental review for modification of the ODMDS. The information 
from the FEA is used above, in the discussion of the ocean dumping 
criteria.

B. MSA

    The EPA integrated the essential fish habitat (EFH) assessment with 
the EA, pursuant to Section 305(b), 16 U.S.C. 1855(b)(2), of the 
Magnuson-Stevens Act, as amended (MSA), 16 U.S.C. 1801 to 1891d, and 
submitted that assessment to the National Marine Fisheries Service 
(NMFS) on December 4, 2015. The NMFS responded via letter that they 
have no comments on the proposed project.

C. CZMA

    Pursuant to an Office of Water policy memorandum dated October 23, 
1989, the EPA has evaluated the proposed site designations for 
consistency with the State of South Carolina's (the State) approved 
coastal management program. The EPA has determined that the designation 
of the modified site is consistent to the maximum extent practicable 
with the State coastal management program, and submitted this 
determination to the State for review in accordance with the EPA 
policy. The State conditionally concurred with this determination on 
February 17, 2016. The EPA has taken the State's comments into account 
in preparing the FEA for the site, in determining whether the site 
should be modified as proposed, and in determining whether restrictions 
or limitations should be placed on the use of the site, if it is 
designated.

D. ESA

    The Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 to 
1544, requires Federal agencies to consult with NMFS and the U.S. Fish 
and Wildlife Service (USFWS) to ensure that any action authorized, 
funded, or carried out by the Federal agency is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of any critical habitat. The EPA incorporated a Biological Assessment 
(BA) into the EA to assess the potential effects of expanding the 
Charleston ODMDS on aquatic and wildlife species and submitted that 
document to the NMFS and USFWS on December 4, 2016. The EPA concluded 
that the proposed project would not adversely affect any threatened or 
endangered species, nor would it adversely modify any designated 
critical habitat. The USFWS concurred on the EPA's finding that the 
proposed action is not likely to adversely affect listed endangered or 
threatened species under the jurisdiction of the USFWS. The NMFS 
concluded the proposed action is not likely to adversely affect listed 
species under their jurisdiction.

E. NHPA

    The USACE and the EPA initiated consultation with the State of 
South Carolina's Historic Preservation Officer (SHPO) on December 4, 
2015, to address the National Historic Preservation Act, as amended 
(NHPA), 16 U.S.C. 470 to 470a-2, which requires Federal agencies

[[Page 61624]]

to take into account the effect of their actions on districts, sites, 
buildings, structures, or objects, included in, or eligible for 
inclusion in the National Register of Historic Places (NRHP). In a 
letter dated January 6, 2016, the SHPO determined that no properties 
listed in or eligible for listing in the National Register of Historic 
Places will be affected by the project.

IV. Statutory and Executive Order Reviews

    This rule modifies the designation of an ODMDS pursuant to Section 
102 of the MPRSA. This action complies with applicable executive orders 
and statutory provisions as follows:

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This site modification does not 
require persons to obtain, maintain, retain, report, or publicly 
disclose information to or for a Federal agency.D

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions. 
For purposes of assessing the impacts of this rule on small entities, 
small entity is defined as: (1) a small business defined by the Small 
Business Administration's size regulations at 13 CFR 121.201; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district, or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. The EPA determined that this action will not 
have a significant economic impact on small entities because this rule 
will only have the effect of regulating the location of site to be used 
for the disposal of dredged material in ocean waters. After considering 
the economic impacts of this rule, I certify that this action will not 
have a significant economic impact on a substantial number of small 
entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C. 
1531 to 1538, for State, local, or tribal governments or the private 
sector. This action imposes no new enforceable duty on any State, local 
or tribal governments or the private sector. Therefore, this action is 
not subject to the requirements of sections 202 or 205 of the UMRA. 
This action is also not subject to the requirements of section 203 of 
the UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small government entities. Those 
entities are already subject to existing permitting requirements for 
the disposal of dredged material in ocean waters.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among various levels of government, as specified 
in Executive Order 13132. Thus, Executive Order 13132 does not apply to 
this action. In the spirit of Executive Order 13132, and consistent 
with EPA policy to promote communications between the EPA and State and 
local governments, the EPA specifically solicited comments on this 
action from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 because the modification of the Charleston ODMDS 
will not have a direct effect on 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. Thus, Executive Order 13175 does not 
apply to this action. The EPA specifically solicited comments from 
tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern health or safety risks, such that the 
analysis required under Section 5-501 of the Executive Order has the 
potential to influence the regulation. This action is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks. The action 
concerns the modification of the Charleston ODMDS and only has the 
effect of providing a designated location for ocean disposal of dredged 
material pursuant to Section 102 (c) of the MPRSA.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355) because it is not a ``significant 
regulatory action'' as defined under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272), 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus bodies. The NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This action 
includes environmental monitoring and measurement as described in EPA's 
SMMP. The EPA will not require the use of specific, prescribed analytic 
methods for monitoring and managing the designated ODMDS. The Agency 
plans to allow the use of any method, whether it constitutes a 
voluntary consensus standard or not, that meets the monitoring and 
measurement criteria discussed in the SMMP.

[[Page 61625]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629) establishes federal executive 
policy on environmental justice. Its main provision directs federal 
agencies, to the greatest extent practicable and permitted by law, to 
make environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. The EPA determined that this rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The EPA has assessed the overall protectiveness of 
modifying the Charleston ODMDS against the criteria established 
pursuant to the MPRSA to ensure that any adverse impact to the 
environment will be mitigated to the greatest extent practicable. We 
welcome comments on this action related to this Executive Order.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Authority:  This action is issued under the authority of Section 
102 of the Marine Protection, Research, and Sanctuaries Act, as 
amended, 33 U.S.C. 1401, 1411, 1412.

    Dated: August 24, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    For the reasons set out in the preamble, the EPA amends chapter I, 
title 40 of the Code of Federal Regulations as follows:

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN 
DUMPING

0
1. The authority citation for part 228 continues to read as follows:

    Authority:  33 U.S.C. 1412 and 1418.

0
2. Section 228.15 is amended by revising paragraphs (h)(5)(i) through 
(iii) and (vi) to read as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (5) * * *
    (i) Location: 32[deg]36.280' N., 79[deg]43.662' W.; 32[deg]37.646' 
N., 79[deg]46.576' W.; 32[deg]39.943' N., 79[deg]45.068' W.; 
32[deg]38.579' N., 79[deg]42.152' W.
    (ii) Size: Approximately 7.4 square nautical miles in size.
    (iii) Depth: Ranges from approximately 30 to 45 feet (9 to 13.5 
meters).
* * * * *
    (vi) Restrictions: (A) Disposal shall be limited to dredged 
material from the Charleston, South Carolina, area;
    (B) Disposal shall be limited to dredged material determined to be 
suitable for ocean disposal according to 40 CFR 227.13;
    (C) Disposal shall be managed by the restrictions and requirements 
contained in the currently-approved Site Management and Monitoring Plan 
(SMMP);
    (D) Monitoring, as specified in the SMMP, is required.
* * * * *
[FR Doc. 2016-21454 Filed 9-6-16; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61619

tolerances or exemptions have in the preemption provisions of FFDCA § 180.628 Chlorantraniliprole; pesticide
demonstrated that the pesticide meets section 408(n)(4). As such, the Agency tolerances.
the safety standard imposed by that has determined that this action will not (a) * * *
statute. This citizen’s comment appears have a substantial direct effect on States
to be directed at the underlying statute or tribal governments, on the Parts per
Commodity
and not EPA’s implementation of it; the million
relationship between the national
citizen has made no contention that government and the States or tribal
EPA has acted in violation of the governments, or on the distribution of * * * * *
statutory framework. power and responsibilities among the Quinoa, forage ...................... 40
V. Conclusion various levels of government or between Quinoa, grain ........................ 6.0
the Federal Government and Indian Quinoa, hay .......................... 40
Therefore, tolerances are established tribes. Thus, the Agency has determined Quinoa, straw ....................... 40
for residues of chlorantraniliprole, 3- that Executive Order 13132, entitled
bromo-N-[4-chloro-2-methyl-6- * * * * *
‘‘Federalism’’ (64 FR 43255, August 10, Teff, forage ........................... 40
[(methylamino)-carbonyl]phenyl]-1-(3- 1999) and Executive Order 13175,
chloro-2-pyridinyl)-1H-pyrazole-5- Teff, grain ............................. 6.0
entitled ‘‘Consultation and Coordination Teff, hay ................................ 40
carboxamide, in or on quinoa, forage at with Indian Tribal Governments’’ (65 FR Teff, straw ............................. 40
40 ppm; quinoa, grain at 6.0 ppm; 67249, November 9, 2000) do not apply
quinoa, hay at 40 ppm; and quinoa, to this action. In addition, this action * * * * *
straw at 40 ppm; teff, forage at 40 ppm; does not impose any enforceable duty or
teff, grain at 6.0 ppm; teff, hay at 40 contain any unfunded mandate as * * * * *
ppm; and teff, straw at 40 ppm. described under Title II of the Unfunded [FR Doc. 2016–21458 Filed 9–6–16; 8:45 am]
VI. Statutory and Executive Order Mandates Reform Act (UMRA) (2 U.S.C. BILLING CODE 6560–50–P

Reviews 1501 et seq.).
This action does not involve any
This action establishes tolerances ENVIRONMENTAL PROTECTION
technical standards that would require
under FFDCA section 408(d) in AGENCY
Agency consideration of voluntary
response to a petition submitted to the
consensus standards pursuant to section
Agency. The Office of Management and 40 CFR Part 228
12(d) of the National Technology
Budget (OMB) has exempted these types
of actions from review under Executive Transfer and Advancement Act [EPA–R04–OW–2016–0356; FRL–9951–96–
Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note). Region 4]
Planning and Review’’ (58 FR 51735, VII. Congressional Review Act Ocean Dumping: Modification of an
October 4, 1993). Because this action Pursuant to the Congressional Review Ocean Dredged Material Disposal Site
has been exempted from review under Act (5 U.S.C. 801 et seq.), EPA will Offshore of Charleston, South Carolina
Executive Order 12866, this action is submit a report containing this rule and
not subject to Executive Order 13211, AGENCY: Environmental Protection
other required information to the U.S. Agency (EPA).
entitled ‘‘Actions Concerning Senate, the U.S. House of
Regulations That Significantly Affect ACTION: Final rule and technical
Representatives, and the Comptroller
Energy Supply, Distribution, or Use’’ (66 amendment.
General of the United States prior to
FR 28355, May 22, 2001) or Executive publication of the rule in the Federal
Order 13045, entitled ‘‘Protection of SUMMARY: The Environmental Protection
Register. This action is not a ‘‘major Agency (EPA) is approving a
Children from Environmental Health rule’’ as defined by 5 U.S.C. 804(2).
Risks and Safety Risks’’ (62 FR 19885, modification of the ocean dredged
April 23, 1997). This action does not List of Subjects in 40 CFR Part 180 material disposal site (ODMDS) offshore
contain any information collections of Charleston, South Carolina pursuant
Environmental protection, to the Marine Protection, Research and
subject to OMB approval under the Administrative practice and procedure,
Paperwork Reduction Act (PRA) (44 Sanctuaries Act, as amended (MPRSA).
Agricultural commodities, Pesticides The primary purpose for the site
U.S.C. 3501 et seq.), nor does it require and pests, Reporting and recordkeeping
any special considerations under modification is to serve the long-term
requirements. need for a location to dispose of
Executive Order 12898, entitled
Dated: August 26, 2016. material dredged from the Charleston
‘‘Federal Actions to Address
Environmental Justice in Minority Michael Goodis, Harbor federal navigation channel, and
Populations and Low-Income Acting Director, Registration Division, Office to provide a location for the disposal of
Populations’’ (59 FR 7629, February 16, of Pesticide Programs. dredged material for persons who have
1994). Since tolerances and exemptions Therefore, 40 CFR chapter I is received a permit for such disposal. The
that are established on the basis of a amended as follows: modified site will be subject to ongoing
petition under FFDCA section 408(d), monitoring and management to ensure
such as the tolerances in this final rule, PART 180—[AMENDED] continued protection of the marine
do not require the issuance of a environment. In addition, the EPA now
■ 1. The authority citation for part 180 issues a technical amendment to correct
proposed rule, the requirements of the
continues to read as follows: a clerical error in the proposed rule.
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. DATES: The effective date of this final
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This action directly regulates growers, ■ 2. In § 180.628, add alphabetically the action shall be October 7, 2016.
food processors, food handlers, and food entries ‘‘Quinoa, forage’’, ‘‘Quinoa, ADDRESSES: Docket: All documents in
retailers, not States or tribes, nor does grain’’, ‘‘Quinoa, hay’’, ‘‘Quinoa, straw’’, the Docket are listed in the
this action alter the relationships or ‘‘Teff, forage’’, ‘‘Teff, grain’’, ‘‘Teff, hay’’, www.regulations.gov index. Although
distribution of power and and ‘‘Teff, straw’’ to the table in listed in the index, some information
responsibilities established by Congress paragraph (a) to read as follows: may not be publicly available, e.g.,

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for the purpose of disposal at the ODMDS that are frequently used by estimated that the ODMDS modification
ODMDS. All persons using the ODMDS commercial shrimpers. Construction of area should accommodate
are required to follow a Site the berm will provide an additional approximately 66.5 mcy of dredged
Management and Monitoring Plan approximately 427 acres of hardbottom material in order to meet the long-term
(SMMP) for the ODMDS. The SMMP habitat and will protect existing disposal needs of the area. The dump
includes management and monitoring hardbottom habitat by minimizing zone within the modified ODMDS is
requirements to ensure that dredged sediment transport. There will be a estimated to have approximately 75 mcy
materials disposed at the ODMDS are 3000-foot buffer along the northern of capacity. The capacity in the dump
suitable for disposal in the ocean and perimeter of the ODMDS where zone provides a reasonable amount of
that adverse impacts of disposal, if any, dumping will not occur. Modeling additional capacity to manage risk,
are addressed to the maximum extent results indicate that this buffer should account for future unknown disposal
practicable. The SMMP for the modified be sufficient to protect probable operations from private entities, and
ODMDS, in addition to the hardbottom areas to the north of the site. provides a margin of navigation safety.
aforementioned, also addresses (2) Sites must be situated such that The remaining area within the
management of the ODMDS to ensure temporary perturbations to water quality boundaries of the existing 12 nmi2
adverse mounding does not occur, or other environmental conditions Charleston ODMDS (parallelogram)
promotes habitat creation where during initial mixing caused by disposal would be de-designated. The area to be
possible and to ensure that disposal operations would be reduced to normal de-designated is approximately 10.4 mi2
events minimize interference with other ambient levels or undetectable (7.8 nmi2) in size and contains
uses of ocean waters in the vicinity of contaminant concentrations or effects documented hardbottom habitat.
the modified ODMDS. The SMMP, before reaching any beach, shoreline, By adding 5.8 mi2 (4.4 nmi2) to the
which was available for public review, marine sanctuary, or known existing ODMDS disposal zone, the total
is currently being routed for signature geographically limited fishery or area of the modified Charleston ODMDS
by the Charleston District Engineer. shellfishery (40 CFR 228.5(b)). would be 9.8 mi2 (7.4 nmi2), with a
The ODMDS modification area will be dump zone area of 5.1 mi2 (3.9 nmi2).
E. MPRSA Criteria used for disposal of suitable dredged An ODMDS of this size and capacity
In modifying the ODMDS, the EPA material as determined by Section 103 will provide a long-term ocean disposal
assessed the modified ODMDS of the MPRSA. Based on the USACE and option for the region.
according to the criteria of the MPRSA, EPA sediment testing and evaluation of To help protect nearby hardbottom
with particular emphasis on the general dredged maintenance material and habitat from being buried by sediment
and specific regulatory criteria of 40 proposed new work material from the migrating from the ODMDS, a U-shaped
CFR part 228, to determine whether the Post 45 deepening project, disposal is berm along the east, south, and west
site modification satisfies those criteria. not expected to have any long-term perimeters of the modified ODMDS will
The EPA’s Final Environmental impact on the water quality. Results of be constructed. Although there is
Assessment for Modification of an the maximum concentration found probable hardbottom located north of
Ocean Dredged Material Disposal Site outside the disposal area after 4 hours the modified ODMDS, no berm will be
Offshore Charleston, South Carolina, of mixing for each dredging unit was constructed along the northern
[June 2016] (EA), provides an extensive zero. Based on these results, water boundary. However, there will be a
evaluation of the criteria and other quality perturbations that could reach 3000-foot buffer along the northern
related factors for the modification of any beach, shoreline, marine sanctuary, perimeter of the ODMDS where
the ODMDS. or known geographically-limited fishery dumping will not occur. Fate modeling
or shellfishery are not expected. The indicates that this buffer should be
General Criteria (40 CFR 228.5)
western edge of the modified ODMDS is sufficient to protect probable
(1) Sites must be selected to minimize approximately 7 miles offshore such hardbottom areas to the north of the site.
interference with other activities in the that prevailing current will not transport When determining the size of the
marine environment, particularly dredged material to beaches. Water modified site, the ability to implement
avoiding areas of existing fisheries or quality perturbations caused by effective monitoring and surveillance
shellfisheries, and regions of heavy dispersion of disposal material will be programs, among other things, was
commercial or recreational navigation reduced to ambient conditions before factored in to ensure that navigational
(40 CFR 228.5(a)). reaching any environmentally sensitive safety would not be compromised and
Dredged material disposal within the areas. to prevent mounding of dredged
existing Charleston ODMDS has been (3) The sizes of disposal sites will be material, which could result in adverse
confined to the eastern side of the limited in order to localize for wave conditions. A site management
designated site within a defined 4-mi2 identification and control any and monitoring program will be
disposal zone to avoid impacts to live immediate adverse impacts, and to implemented to determine if disposal at
hardbottom. During this time, dredged permit the implementation of effective the site is significantly affecting
material disposal at the site has not monitoring and surveillance to prevent adjacent areas and to detect the
interfered with commercial or adverse long-range impacts. Size, presence of long-term adverse effects. At
recreational navigation, commercial configuration, and location are to be a minimum, the monitoring program
fishing, or sportfishing activities. The determined as part of the disposal site will consist of bathymetric surveys,
modification of the site boundaries to evaluation (40 CFR 228.5(d)). sediment grain size analysis, chemical
the north, east, and south is not The location, size, and configuration analysis of constituents of concern in
expected to change these conditions. of the modified ODMDS provides long- the sediments, and a health assessment
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This action avoids major fisheries, term capacity, site management, and site of the benthic community.
natural and artificial reefs, and areas of monitoring while limiting (4) EPA will, wherever feasible,
recreational use. Modification of the site environmental impacts to the designate ocean dumping sites beyond
to the east will minimize interference surrounding area. Based on 25 years of the edge of the continental shelf and
with shellfisheries by avoiding areas projected new work and maintenance other such sites where historical
located primarily to the west of the dredged material disposal needs, it is disposal has occurred (40 CFR 228.5(e)).

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to take into account the effect of their determined that this action will not G. Executive Order 13045: Protection of
actions on districts, sites, buildings, have a significant economic impact on Children From Environmental Health
structures, or objects, included in, or small entities because this rule will only and Safety Risks
eligible for inclusion in the National have the effect of regulating the location
Register of Historic Places (NRHP). In a of site to be used for the disposal of The EPA interprets Executive Order
letter dated January 6, 2016, the SHPO dredged material in ocean waters. After 13045 as applying only to those
determined that no properties listed in considering the economic impacts of regulatory actions that concern health or
or eligible for listing in the National this rule, I certify that this action will safety risks, such that the analysis
Register of Historic Places will be not have a significant economic impact required under Section 5–501 of the
affected by the project. on a substantial number of small Executive Order has the potential to
entities. influence the regulation. This action is
IV. Statutory and Executive Order
Reviews D. Unfunded Mandates Reform Act not subject to Executive Order 13045
because it does not establish an
This rule modifies the designation of This action contains no Federal environmental standard intended to
an ODMDS pursuant to Section 102 of mandates under the provisions of Title mitigate health or safety risks. The
the MPRSA. This action complies with II of the Unfunded Mandates Reform action concerns the modification of the
applicable executive orders and Act (UMRA) of 1995, 2 U.S.C. 1531 to Charleston ODMDS and only has the
statutory provisions as follows: 1538, for State, local, or tribal effect of providing a designated location
A. Executive Order 12866: Regulatory governments or the private sector. This for ocean disposal of dredged material
Planning and Review and Executive action imposes no new enforceable duty pursuant to Section 102 (c) of the
Order 13563: Improving Regulation and on any State, local or tribal governments MPRSA.
Regulatory Review or the private sector. Therefore, this
action is not subject to the requirements H. Executive Order 13211: Actions That
This action is not a ‘‘significant Significantly Affect Energy Supply,
of sections 202 or 205 of the UMRA.
regulatory action’’ under the terms of
This action is also not subject to the Distribution, or Use
Executive Order 12866 (58 FR 51735,
requirements of section 203 of the
October 4, 1993) and is therefore not This action is not subject to Executive
UMRA because it contains no regulatory
subject to review under Executive Order 13211, ‘‘Actions Concerning
requirements that might significantly or
Orders 12866 and 13563 (76 FR 3821, Regulations that Significantly Affect
uniquely affect small government
January 21, 2011). Energy Supply, Distribution, or Use’’ (66
entities. Those entities are already
B. Paperwork Reduction Act subject to existing permitting FR 28355) because it is not a
This action does not impose an requirements for the disposal of dredged ‘‘significant regulatory action’’ as
information collection burden under the material in ocean waters. defined under Executive Order 12866.
provisions of the Paperwork Reduction E. Executive Order 13132: Federalism I. National Technology Transfer and
Act, 44 U.S.C. 3501 et seq. Burden is Advancement Act
defined at 5 CFR 1320.3(b). This site This action does not have federalism
modification does not require persons to implications. It does not have Section 12(d) of the National
obtain, maintain, retain, report, or substantial direct effects on the States, Technology Transfer and Advancement
publicly disclose information to or for a on the relationship between the national Act of 1995 (‘‘NTTAA’’), Public Law
Federal agency.D government and the States, or on the 104–113, 12(d) (15 U.S.C. 272), directs
distribution of power and the EPA to use voluntary consensus
C. Regulatory Flexibility responsibilities among various levels of
standards in its regulatory activities
The Regulatory Flexibility Act (RFA) government, as specified in Executive
unless to do so would be inconsistent
generally requires Federal agencies to Order 13132. Thus, Executive Order
with applicable law or otherwise
prepare a regulatory flexibility analysis 13132 does not apply to this action. In
the spirit of Executive Order 13132, and impractical. Voluntary consensus
of any rule subject to notice and
comment rulemaking requirements consistent with EPA policy to promote standards are technical standards (e.g.,
under the Administrative Procedure Act communications between the EPA and materials specifications, test methods,
or any other statute unless the agency State and local governments, the EPA sampling procedures, and business
certifies that the rule will not have a specifically solicited comments on this practices) that are developed or adopted
significant economic impact on a action from State and local officials. by voluntary consensus bodies. The
substantial number of small entities. NTTAA directs the EPA to provide
F. Executive Order 13175: Consultation Congress, through OMB, explanations
Small entities include small businesses, and Coordination With Indian Tribal
small organizations, and small when the Agency decides not to use
Governments available and applicable voluntary
governmental jurisdictions. For
purposes of assessing the impacts of this This action does not have tribal consensus standards. This action
rule on small entities, small entity is implications, as specified in Executive includes environmental monitoring and
defined as: (1) a small business defined Order 13175 because the modification of measurement as described in EPA’s
by the Small Business Administration’s the Charleston ODMDS will not have a SMMP. The EPA will not require the
size regulations at 13 CFR 121.201; (2) direct effect on Indian Tribes, on the use of specific, prescribed analytic
a small governmental jurisdiction that is relationship between the federal methods for monitoring and managing
a government of a city, county, town, government and Indian Tribes, or on the the designated ODMDS. The Agency
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school district, or special district with a distribution of power and plans to allow the use of any method,
population of less than 50,000; and (3) responsibilities between the federal whether it constitutes a voluntary
a small organization that is any not-for- government and Indian Tribes. Thus, consensus standard or not, that meets
profit enterprise which is independently Executive Order 13175 does not apply the monitoring and measurement
owned and operated and is not to this action. The EPA specifically criteria discussed in the SMMP.
dominant in its field. The EPA solicited comments from tribal officials.

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J. Executive Order 12898: Federal 32°39.943′ N., 79°45.068′ W.; 32°38.579′ NMFS prepared Amendment 4 to the
Actions To Address Environmental N., 79°42.152′ W. Fishery Ecosystem Plan for the Marianas
Justice in Minority Populations and Low (ii) Size: Approximately 7.4 square Archipelago that provides background
Income Populations nautical miles in size. information on this final rule.
Executive Order 12898 (59 FR 7629) (iii) Depth: Ranges from Amendment 4, including a final
establishes federal executive policy on approximately 30 to 45 feet (9 to 13.5 environmental assessment and
environmental justice. Its main meters). regulatory impact review, is identified
provision directs federal agencies, to the * * * * * as NOAA–NMFS–2015–0115 and is
greatest extent practicable and (vi) Restrictions: (A) Disposal shall be available from www.regulations.gov or
permitted by law, to make limited to dredged material from the the Council, 1164 Bishop St., Suite
environmental justice part of their Charleston, South Carolina, area; 1400, Honolulu, HI 96813, tel 808–522–
mission by identifying and addressing, (B) Disposal shall be limited to 8220, fax 808–522–8226,
as appropriate, disproportionately high dredged material determined to be www.wpcouncil.org.
and adverse human health or suitable for ocean disposal according to FOR FURTHER INFORMATION CONTACT:
environmental effects of their programs, 40 CFR 227.13; Sarah Ellgen, NMFS PIRO Sustainable
policies, and activities on minority (C) Disposal shall be managed by the Fisheries, 808–725–5173.
populations and low-income restrictions and requirements contained SUPPLEMENTARY INFORMATION: Federal
populations in the United States. The in the currently-approved Site regulations currently prohibit medium
EPA determined that this rule will not Management and Monitoring Plan and large vessels (40 ft and greater) from
have disproportionately high and (SMMP); commercial fishing for bottomfish
adverse human health or environmental (D) Monitoring, as specified in the management unit species in certain
effects on minority or low-income SMMP, is required. Federal waters around the CNMI. The
populations because it does not affect * * * * * prohibited areas include waters within
the level of protection provided to [FR Doc. 2016–21454 Filed 9–6–16; 8:45 am] approximately 50 nm of the Southern
human health or the environment. The BILLING CODE 6560–50–P Islands (i.e., Rota, Aguigan (alt.
EPA has assessed the overall Aguijan), Tinian, Saipan, and Farallon
protectiveness of modifying the de Medinilla) and within 10 nm of
Charleston ODMDS against the criteria DEPARTMENT OF COMMERCE Alamagan Island. In 2008, the Council
established pursuant to the MPRSA to recommended, and NMFS
ensure that any adverse impact to the National Oceanic and Atmospheric implemented, the prohibited areas to
environment will be mitigated to the Administration prevent large bottomfish vessels based
greatest extent practicable. We welcome in Guam from traveling to CNMI fishing
comments on this action related to this 50 CFR Part 665 grounds. At the time, the Council was
Executive Order. concerned that the Guam vessels could
[Docket No. 150908833–6738–02]
List of Subjects in 40 CFR Part 228 negatively affect fish stocks and local
RIN 0648–BF37 fisheries through stock depletion, catch
Environmental protection, Water competition, and gear conflicts. You
pollution control. Mariana Archipelago Fisheries; may read more about the establishment
Authority: This action is issued under the Remove the CNMI Medium and Large of the prohibited areas in the 2008
authority of Section 102 of the Marine Vessel Bottomfish Prohibited Areas proposed rule (73 FR 51992; September
Protection, Research, and Sanctuaries Act, as 8, 2008) and final rule (73 FR 75615;
amended, 33 U.S.C. 1401, 1411, 1412. AGENCY: National Marine Fisheries
December 12, 2008).
Service (NMFS), National Oceanic and The CNMI bottomfish fishery has
Dated: August 24, 2016.
Atmospheric Administration (NOAA), changed since 2008, and the conditions
V. Anne Heard,
Commerce. that led the Council and NMFS to
Acting Regional Administrator, Region 4.
ACTION: Final rule. establish the prohibited areas are no
For the reasons set out in the longer present. Large vessels from Guam
preamble, the EPA amends chapter I, SUMMARY: This final rule removes the
have not shown interest in fishing for
title 40 of the Code of Federal medium and large vessel bottomfish
CNMI bottomfish. The prohibited areas
Regulations as follows: prohibited fishing areas in the
may also be negatively affecting the
Commonwealth of the Northern Mariana
PART 228—CRITERIA FOR THE CNMI bottomfish fishery. Only a few
Islands (CNMI). Conditions in the
MANAGEMENT OF DISPOSAL SITES small vessels have been operating on a
fishery that led to establishing the
FOR OCEAN DUMPING regular basis, and the few medium and
prohibited areas are no longer present,
large vessels have faced declining
and the restriction is no longer
■ 1. The authority citation for part 228 participation, possibly resulting from
necessary. This rule also makes
continues to read as follows: higher fuel costs that prevent them from
administrative housekeeping changes to
Authority: 33 U.S.C. 1412 and 1418. traveling beyond the prohibited areas.
the description of the CNMI
The prohibited areas may be
■ 2. Section 228.15 is amended by management subarea and to the
contributing to the potential under-
revising paragraphs (h)(5)(i) through (iii) regulations for the CNMI management
utilization of the bottomfish resource in
and (vi) to read as follows: subarea crustacean fishing. The intent of
CNMI, and removing them may promote
this final rule is to improve the viability
§ 228.15 Dumping sites designated on a optimum yield.
ehiers on DSK5VPTVN1PROD with RULES

of the CNMI bottomfish fishery and To address fishery conditions
final basis.
promote optimum yield while resulting from the CNMI prohibited
* * * * * preventing overfishing.
(h) * * * areas, the Council recommended that
(5) * * * DATES: Effective October 7, 2016. NMFS remove them. The Council and
(i) Location: 32°36.280′ N., 79°43.662′ ADDRESSES: The Western Pacific Fishery NMFS will continue to manage the
W.; 32°37.646′ N., 79°46.576′ W.; Management Council (Council) and fishery under a suite of management

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Document Created: 2016-09-07 11:50:42
Document Modified: 2016-09-07 11:50:42
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		Rules and Regulations
Action		Final rule and technical amendment.
Dates		The effective date of this final action shall be October 7, 2016.
Contact		Gary W. Collins, U.S. Environmental Protection Agency, Region 4, Water Protection Division, Marine Regulatory and Wetlands Enforcement Section, 61 Forsyth Street, Atlanta, Georgia 30303; phone number (404) 562-9395; email: [email protected]
FR Citation		81 FR 61619
CFR Associated		Environmental Protection and Water Pollution Control