[Federal Register: December 2, 2002 (Volume 67, Number 231)]
[Proposed Rules]
[Page 71513-71515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de02-40]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-02-016]
RIN 2115-AE84
Regulated Navigation Area; Olympic View EPA Superfund Cleanup
Site, Commencement Bay, Tacoma, WA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create a permanent regulated
navigation area on a portion of Commencement Bay, Tacoma, Washington.
This regulated navigation area would be used to preserve the integrity
of a clean sediment cap placed over the seabed as part of the
remediation process at the Olympic View Environmental Protection Agency
(EPA) superfund cleanup site. This regulated navigation area would
prohibit activities that would disturb the seabed, such as anchoring,
dredging, spudding, laying cable or other disturbance of the bottom. It
would not affect transit or navigation of the area.
DATES: Comments must reach the Coast Guard on or before January 31,
2003.
ADDRESSES: You may mail comments to U.S. Coast Guard Marine Safety
Office Puget Sound, 1519 Alaskan Way South, Building 1, Seattle,
Washington 98134, or deliver them to room 523 at the same address
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is (206) 217-6232. Comments and
documents as indicated in this preamble will become part of this docket
and will be available for inspection or copying at the above address
and times.
FOR FURTHER INFORMATION CONTACT: MST2 C.R. Petersen, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, at
(206) 217-6232.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names, addresses,
identify this rulemaking (CGD13-02-016) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgement of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it is determined that the
[[Page 71514]]
opportunity for oral presentations will aid this rulemaking, the Coast
Guard will hold a public hearing at a time and place to be announced by
a later notice in the Federal Register.
Background and Purpose
The Olympic View Superfund Site is located between the eastern
boundary of the Thea Foss Waterway and the western boundary of the
Middle Waterway of Commencement Bay, Washington. The site includes
property owned and or leased by the now closed Puget Sound Plywood
Company, contaminated sediments in Commencement Bay, and other upland
sources of contamination. The site is approximately 12.4 acres in size
and includes 10.6 acres of intertidal and shallow subtidal marine
aquatic land. An area of 2.2 acres of marine sediments is contaminated
within the site.
Part of the remediation process for this site consists of covering
the contaminated sediments with a layer of clean medium to course
grained sand approximately one-meter (3-feet) thick. This cap is used
to isolate contaminants and limit their vertical migration and release
into the water column. The cap will also limit the potential for marine
organisms to reach the contaminated sediment.
Discussion of Proposed Rules
This is to be a permanent regulation restricting activities such as
anchoring, salvage or dredging, which would disturb the sediment cap
covering the contaminated seabed. The regulation would not affect
normal transit or navigation of the area. The Olympic View Restoration
Area is located offshore of the peninsula between the Thea Foss and
Middle Waterways in Commencement Bay, Tacoma, Washington. The sediment
cap includes approximately 480 feet of shoreline extending
approximately 420 feet into the bay. This area is relatively
unprotected and is rarely utilized as an anchorage.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). We expect the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
This expectation is based on the fact that the regulated area
established by the rule would encompass a small area that should not
impact commercial or recreational traffic. The Olympic View Resource
Area does not appear to have any viable industrial or commercial use.
Moreover, and any land or water use on the site that would be at odds
with the regulated navigation area (RNA) would likely be restricted
through the site's designation by the City of Tacoma as a Natural
Resource Damage Assessment (NRDA) settlement site, pursuant to a
Consent Decree between the City of Tacoma and the Natural Resource
Trustees. Furthermore, on May 24, 2000, the State Commissioner of
Public Lands established the project area as part of an environmental
reserve under RCW 79.68.060. This designation removes the site from
potential development or commercial leasing. For the above reasons, the
Coast Guard does not anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. ``Small entities'' include
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000. This
rule would affect the following entities, some of which may be small
entities: the owners or operators of vessels intending to anchor,
dredge, spud, lay cable or disturb the seabed in any fashion when this
rule is in effect. The zone would not have a significant economic
impact due to its small area. Because the impacts of this proposal are
expected to be so minimal, the Coast Guard certifies under 605(b) of
the Regulatory Flexibility Act (5 U.S.C. 601-612) that this final rule
would not have a significant economic impact on a substantial number of
small entities.
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 rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
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 the (FOR
FURTHER INFORMATION CONTACT) section.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to
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safety that may disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.lD, this proposed rule is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination is available in the docket for inspection and copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add Sec. 165.1311 to read as follows:
Sec. 165.1311 Olympic View Resource Area, Tacoma, WA.
(a) Regulated area. The following area is a regulated navigation
area: that portion of Commencement Bay bounded by a line beginning at:
47[deg]15'40.19753'' N, 122[deg]26'09.27617'' W; thence to
47[deg]15'42.21070'' N, 122[deg]26'10.65290'' W; thence to
47[deg]15'41.84696'' N, 122[deg] 26'11.80062'' W; thence to
47[deg]15'45.57725'' N, 122[deg]26'14.35173'' W; thence to
47[deg]15'53.06020'' N, 122[deg]26'06.61366'' W; thence to
47[deg]15'46.74493'' N, 122[deg]26'09.27617'' W; thence returning along
the shoreline to the point of origin. [Datum NAD 1983].
(b) Regulations. All vessels and persons are prohibited from
anchoring, dredging, laying cable, dragging, seining, bottom fishing,
conducting salvage operations, or any other activity which could
potentially disturb the seabed in the designated regulated navigation
area. Vessels may otherwise transit or navigate within this area
without reservation.
(c) Waiver. The Captain of the Port, Puget Sound, upon advice from
the U.S. EPA Project Manager and the Washington State Department of
Natural Resources, may, upon written request, authorize a waiver from
this section if it is determined that the proposed operation supports
USEPA remedial objectives, or can be performed in a manner that ensures
the integrity of the sediment cap. A written request must describe the
intended operation, state the need, and describe the proposed
precautionary measures. Requests should be submitted in triplicate, to
facilitate review by U.S. EPA, Coast Guard, and Washington State
Agencies. USEPA managed remedial design, remedial action, habitat
mitigation, or monitoring activities associated with the Olympic View
Superfund Site are excluded from the waiver requirement. USEPA is
required, however, to alert the Coast Guard in advance concerning any
of the above-mentioned activities that may, or will, take place in the
Regulated Area.
Dated: November 5, 2002.
E.M. Brown,
Rear Admiral, U.S. Coast Guard, 13th District Commander.
[FR Doc. 02-30435 Filed 11-29-02; 8:45 am]
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