[Federal Register: September 12, 2003 (Volume 68, Number 177)]
[Proposed Rules]
[Page 53687-53696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se03-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-7553-9]
Ocean Disposal; Proposed Designation of Dredged Material Disposal
Sites in the Central and Western Portions of Long Island Sound, CT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA today proposes to designate two dredged material disposal
sites; Central Long Island Sound (CLIS) and Western Long Island Sound
(WLIS) located offshore from New Haven and Stamford, Connecticut,
respectively, for the disposal of suitable dredged material removed
from the central and western
[[Page 53688]]
portions of the Long Island Sound region of Connecticut, New York and
other nearby harbors or dredging sites. This action is necessary to
provide long-term dredged material disposal sites for the current and
future disposal of this material. The proposed site designations are
for an indefinite period of time. The sites are subject to continuing
monitoring to ensure that unacceptable, adverse environmental impacts
do not occur. The proposed action is described in the Draft
Environmental Impact Statement (DEIS), and the monitoring plans are
described in the CLIS and WLIS Site Management and Monitoring Plans
(SMMPs). The SMMPS are provided as appendix J of the DEIS. Site
designation does not itself actually authorize the disposal of any
particular dredged material at a site. Proposals to dispose of dredged
material at a designated site is subject to project--specific reviews
and authorization and still must satisfy the criteria for ocean
dumping.
DATES: Comments must be received by 5 p.m. on October 27, 2003. Public
hearings dates:
1. September 30, 2003 in NY from 1 p.m.--5 p.m. and 6 p.m.--10 p.m.
1. October 1, 2003 in CT from 1 p.m.--5 p.m. and 6 p.m.--10 p.m.
ADDRESSES: Written comments should be sent to: Ms. Ann Rodney, U.S.
Environmental Protection Agency New England Region, One Congress
Street, Suite 1100 (CWQ), Boston, MA 02114-2023 or electronically to
Rodney.Ann@epa.gov. The Public Hearing locations are:
1. September 30, 2003--New York SUNY at Stony Brook, Stony Brook,
NY 11794-1603. The meeting will be held inside the ``Charles B. Wang
Asian-American Center''.
2. October 1, 2003--Westin Stamford, One First Stamford Place,
Stamford, CT 06902.
FOR FURTHER INFORMATION CONTACT: Ms. Ann Rodney, U.S. Environmental
Protection Agency New England Region, One Congress Street, Suite 1100
(CWQ), Boston, MA 02114-2023, telephone (617) 918-1538, electronic
mail: Rodney.Ann@epa.gov.
SUPPLEMENTARY INFORMATION:
Public Review of Documents: The file supporting this proposed
designation is available for inspection at the following locations:
1. In person. The Proposed Rule and the Draft Environmental Impact
Statement (DEIS) which includes the SMMPs (Appendix J), are available
for inspection at the following locations: A. EPA New England Library,
11th Floor, One Congress Street, Suite 1100 (CWQ), Boston, MA 02114-
2023. For access to the documents, call Peg Nelson at (617) 918-1991
between 10 a.m. and 3 p.m. Monday through Thursday, excluding legal
holidays, for an appointment. B. Mamaroneck Public Library Inc., 136
Prospect Ave., Mamaroneck, NY. C. Port Jefferson Free Library, 100
Thompson Street, Port Jefferson, NY. D. Bridgeport Public Library, 925
Broad Street, Bridgeport, CT. E. Milford City Library, 57 New Haven
Ave., Milford, CT. F. New Haven Free Public Library, 133 Elm Street,
New Haven, CT. G. New London Public Library, 63 Huntington Street, New
London, CT. H. Norwalk Public Library, 1 Belden Ave., Norwalk, CT. I.
Acton Public Library, 60 Old Boston Post Road, Old Saybrook, CT. J.
Ferguson Library, 752 High Ridge Road, Stamford, CT.
2. Electronically. You also may review and/or obtain electronic
copies of these documents and various support documents from the EPA
home page at the Federal Register http://www.epa.gov/fedrgstr/, or on
the EPA New England Region's homepage at http://www.epa.gov/region1/eco/lisdreg/
A. Background
Section 102(c) of the Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the
Administrator of EPA authority to designate sites where ocean disposal,
also referred to interchangeably as ocean dumping, may be permitted. On
October 1, 1986, the Administrator delegated authority to designate
ocean dredged material disposal sites (ODMDS) to the Regional
Administrator of the EPA Region in which the sites are located. The
CLIS and WLIS sites are located within New England (EPA New England);
therefore, this action is being taken pursuant to the Regional
Administrator's delegated authority. EPA regulations (40 CFR
228.4(e)(1)) promulgated under the MPRSA require, among other things,
that EPA designate ocean dumping sites (ODMDS) by promulgation in 40
CFR part 228. Designated ocean dumping sites are codified at 40 CFR
228.15. This rule proposes to designate two sites for open water
disposal of dredged materials. These sites are currently being used
under the authority of MPRSA Section 103 and are located in the western
and central regions of Long Island Sound.
The primary authorities that govern the aquatic disposal of dredged
material in the United States are the CWA and the MPRSA. All dredged
material disposal activities in Long Island Sound, whether from Federal
or non-Federal projects of any size, are subject to the requirements of
section 404 of the CWA, 33 U.S.C. 1344. In 1980, the MPRSA was amended
to add Section 106(f) to the statute. 33 U.S.C. 1416(f). This provision
is commonly referred to as the ``Ambro Amendment,'' named after
Congressman Jerome Ambro. MPRSA section 106(f), 33 U.S.C. 1416(f), was
itself amended in 1990. As a result of this provision, the disposal of
dredged material in Long Island Sound from both Federal projects
(projects carried out under the Corps civil works program or the
actions of other Federal agencies or from non-Federal projects
involving more than 25,000 cubic yards (19,114 cubic meters) of
material must satisfy the requirements of both CWA section 404 and the
MPRSA. Disposal from non-Federal projects involving less than 25,000
cubic yards (19,114 cubic meters) of material, however, are subject to
CWA section 404 only.
The two dredged material disposal sites in Long Island Sound being
proposed in this action are necessary to provide long-term disposal
options for the Corps to maintain deep-draft, international commerce
and navigation through authorized federal navigation projects and to
ensure safe navigation for public and private entities. One of the
proposed sites is in the central portion of the sound, while the other
is in the western portion of the sound.
The sites will be subject to continuing site management and
monitoring to ensure that unacceptable, adverse environmental impacts
do not occur. The management of the sites is further described in the
draft Site Monitoring and Management Plans (SMMPs) for CLIS and WLIS
(appendix J of the DEIS). Documents being made available for public
comment by EPA at this time include this proposed rule, DEIS, and Draft
SMMPS (appendix J of DEIS).
The designations are being proposed in accordance with 40 CFR
228.4(e) of the Ocean Dumping Regulations, which allow EPA to designate
ocean sites for disposal of dredged materials.
B. Regulated Entities
Entities potentially regulated by the proposed rule are persons,
organizations, or government bodies seeking to dispose of dredged
material in waters of Long Island Sound, under the MPRSA and its
implementing regulations. This proposed rule is expected to be
primarily of relevance to (a) parties seeking permits from the Corps to
transport dredged material for the purpose of disposal into the waters
of the central and western regions of Long Island Sound, and (b) to the
Corps itself for its own dredged material
[[Page 53689]]
disposal projects. Potentially regulated categories and entities that
may seek to use the proposed dredged material disposal sites and would
be subject to this Rule may include:
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Category Examples of potentially regulated entities
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Federal Government.................................. U.S. Army Corps of Engineers Civil Works Projects, 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.
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This table lists the types of entities that could potentially be
regulated should the proposed rule become a final rule. EPA notes that
nothing in this proposed rule alters the jurisdiction or authority of
EPA or the types of entities regulated under the MPRSA. Questions
regarding the applicability of this proposed rule to a particular
entity should be directed to the contact person listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
C. EIS Development
Section 102(c) of the National Environmental Policy Act (NEPA) of
1969, 42 U.S.C. 4321 et seq., requires that Federal agencies prepare an
environmental impact statement (EIS) on proposals for major Federal
actions significantly affecting environmental quality. The objective of
NEPA is to build into agency decision-making process careful
consideration of all environmental aspects of proposed actions,
including evaluation of reasonable alternatives to the proposed action.
While NEPA does not apply to EPA activities in designating ocean
disposal sites under the MPRSA, EPA has voluntarily agreed as a matter
of policy to conduct a NEPA environmental review in connection with
ocean dumping site designations. (See 63 FR 58045 (October 29, 1998),
``Notice of Policy and Procedures for Voluntary Preparation of National
Environmental Policy Act (NEPA) Documents.'') Consistent with this
policy, EPA, in cooperation with the U.S. Army Corps of Engineers, has
prepared a DEIS entitled, ``Draft Environmental Impact Statement for
the Designation of Dredged Material Disposal Sites in Central and
Western Long Island Sound, Connecticut and New York, dated August
2003'' which considers the environmental aspects of site designation in
central and western LIS. A Notice of Availability of the DEIS for
public review and comment is being published concurrently with this
Proposed Rule in today's Federal Register. Anyone wishing to review a
copy of the DEIS may do so in one of the ways described above (see
ADDRESSES). The public comment period for this DEIS will close on
October 27, 2003. The public comment period on the Proposed Rule
Publication will also close on October 27, 2003. Comments may be
submitted by one or more of the methods described above.
The purpose of the proposed action is to designate open water
disposal sites that will meet long-term dredged material disposal needs
in LIS. The appropriateness of open water disposal for any specific,
individual dredging project is determined on a case-by-case basis under
the permit/authorization process governing the open water disposal of
dredged material.
Designation of an open water disposal site under 40 CFR part 228 is
essentially a preliminary, planning measure. The practical effect of
such a designation is only to require that if future ocean open water
disposal activity is permitted under 40 CFR part 227, then such
disposal should normally be consolidated at the designated sites (see
33 U.S.C. 1413(b)). Designation of open water disposal sites does not
authorize any actual disposal and does not preclude EPA or the Corps
from finding available and environmentally preferable alternative means
of managing dredged materials, or from finding that certain dredged
material is not suitable for open water disposal under the applicable
regulatory criteria. Nevertheless, EPA has determined that it is
appropriate to designate open water disposal sites for dredged
materials in the central and western Long Island Sound now, because it
appears unlikely that feasible alternative means of managing dredged
material will be available to accommodate the projected dredged
material of this region in the future.
Proposals for the open water disposal of dredged materials from
individual projects are evaluated by EPA New England and the Corps' New
England District on a case-by-case basis, taking into account all the
alternatives available at the time of permitting. Beneficial reuse
alternatives will be preferred over open water disposal whenever they
are practicable.
The DEIS describes the purpose and need for the proposed action and
evaluates a number of alternatives to this action. EPA's analysis of
alternatives considered several different potential open water disposal
sites for dredged material from Connecticut and surrounding harbors, as
well as potential alternative means of managing these dredged materials
other than open water disposal. As described in the DEIS, the initial
screening effort was established to consider the most environmentally
sound, economically and operationally feasible area site designation.
Alternatives evaluated included various marine sites, upland disposal,
beneficial uses, and the no action alternative.
In addition to considering reasonable distances to transport
dredged material, the open water disposal analysis considered areas of
critical resources as well as areas of incompatibility for use as a
disposal site. This included but was not limited to such factors as the
sensitivity and value of natural resources, geographically limited
habitats, fisheries and shellfisheries, natural resources, shipping and
navigation lanes, physical and environmental parameters, and economic
and operational feasibility. The analysis was carried out in a tiered
process. The final tier involved further analysis of the no action
alternative and the following four open water alternative sites:
Central LIS (CLIS), Milford, Bridgeport and Western LIS (WLIS). These
sites were evaluated and two sites were selected as preferred
alternatives for potential site designation. Management strategies were
developed for the preferred alternatives and are described in the
SMMPs.
To obtain public input during the process, EPA and the Corps held
public workshops and scoping meetings, as well as convened an EIS
working group.
[[Page 53690]]
The purpose of the working group was to assist in identifying and
evaluating the best long-term dredged material disposal options for
Long Island Sound. Representatives from state, local, tribal and
federal agencies were invited to participate in the working group as
well as individuals representing other interests. The working group
assembled for a series of five meetings between July 2000 and November
2002. Comments received were factored into the development of the DEIS.
The NEPA process led to the current proposal that CLIS and WLIS be
designated as open water dredged material disposal sites.
D. Proposed Sites Descriptions
The two sites, CLIS and WLIS, are proposed for designation. Draft
SMMPS have been prepared for the two proposed open water disposal sites
and are available for review and comment by the public. (Copies may be
obtained by request from the FURTHER INFORMATION CONTACT listed in the
introductory section to this proposed rule.) Use of newly-designated
open water disposal sites would be subject to any restrictions included
in the site designation and the approved SMMPs. These restrictions will
be based on a thorough evaluation of the proposed sites pursuant to the
Ocean Dumping Regulations and potential disposal activity as well as
consideration of public review and comment.
Central Long Island Sound (CLIS). The CLIS site proposed for long-
term designation by EPA is currently in operation under the Corps'
short-term site selection authority. It has been one of the most active
dredged material disposal sites in New England. Overall, CLIS has
received close to 14 million cubic yards (11 million cubic meters)
since 1941. The site was used prior to enactment of MPRSA in 1972 and
continued to be used thereafter. Between 1982 and 2001 CLIS received
approximately 7 million cubic yards (5.4 million cubic meters), with an
average annual volume of 350,000 cubic yards (268,000 cubic meters).
The site is a rectangular area, approximately 2 nautical miles by 1
nautical mile, located 5.6 nautical miles south of South End Point near
East Haven, Connecticut, in water depths from 59 to 74 feet (18 to 22.5
meters). The sediments at the site are predominately uniform clayey
silt with an area of mixed sand, clay and silt. These sediments are
typical of those found in fine-grained depositional environments of the
central basin of Long Island Sound. This proposed rule would designate
the CLIS site with boundaries slightly changed from the current site.
The CLIS boundary was reconfigured so that the northern boundary was
moved by 700 feet (215 meters) and the eastern boundary was moved by
1,230 feet (375 meters) in order to include two previously used
disposal mounds (FVP, CS2) which are currently outside of the existing
site boundaries. This reconfiguration will allow for management and
monitoring of the FVP and CS2 mounds. The coordinates (North American
Datum 1983: NAD 83) for the proposed CLIS site, are as follows:
CLIS
41[deg] 09'5'' N., 72[deg] 54'4'' W.
41[deg] 09'5'' N., 72[deg] 51'5'' W.
41[deg] 08'4'' N., 72[deg] 54'4'' W.
41[deg] 08'4'' N., 72[deg] 51'5'' W.
Western Long Island Sound (WLIS). The WLIS site proposed for long-
term designation by EPA is currently in operation under the Corps'
short-term site selection authority.
The site is a rectangular area, 1.2 by 1.3 square nautical miles
(2.2 by 2.4 kilometers) that has been used for dredged material
disposal since 1982. After completion of an EIS, the site was
established in 1982 as a regional dredged material disposal site to
serve the needs of the western area of Long Island Sound. Between 1982
and 2001, WLIS received 1.7 million cubic yards (1.3 million cubic
meters), with an average annual volume of 85,000 cubic yards (65,000
cubic meters). The site is located 2.7 nautical miles north of Lloyd
Point, New York and 2.5 nautical miles (4.6 kilometers) south of Long
Neck Point near Noroton, Connecticut, in water depths of 79 to 118 feet
(24 to 30 meters). The sediments at the site are heterogeneous, with
clay silt in the northeast corner and a mixture of sand-silt-clay in
the center and southeast corner. These sediments are typical of those
found in fine-grained depositional environments of the western basin of
Long Island Sound. In addition to the ambient silts from this region,
there are deposits of material of mixed grain sizes dredged from
harbors and navigation channels throughout the western basin. This
proposed rule would designate the WLIS site with boundaries which have
been slightly reconfigured. The WLIS boundaries have been shifted to
the west by approximately 1,106 feet (337 meters) and to the north by
607 feet (185 meters). This shift move will relocate the WLIS site out
of a rapidly shoaling area. The coordinates (North American Datum 1983:
NAD 83) for the proposed WLIS site, are as follows:
WLIS
41[deg] 00'1'' N., 73[deg] 29'8'' W.
41[deg] 00'1'' N., 73[deg] 28'0'' W.
41[deg] 58'9'' N., 73[deg] 29'8'' W.
41[deg] 58'9'' N., 73[deg] 28'1'' W.
E. Analysis of Criteria Pursuant to the Ocean Dumping Act Regulatory
Requirements
Five general criteria are used in evaluating possible dredged
material disposal sites for long-term use under the MPRSA (see 40 CFR
228.5).
General Criteria (40 CFR 228.5)
1. Minimize interference with other activities, particularly
avoiding fishery areas or major navigation areas. The first of the five
general criteria requires that a determination be made as to whether
the site or its use will minimize interference with other uses of the
marine environment. For this proposed rule, a determination was made to
overlay individual uses and resources over GIS bathymetry and disposal
site locations. This process was used to visually determine the maximum
and minimum interferences with other uses of the marine environment
that could be expected to occur. Both the CLIS and WLIS disposal sites
showed minimum interference with other activities. The proposed sites
do not interfere with lobster or fishing activities, although the areas
surrounding the disposal sites provide good lobster habitat. The two
proposed sites are also not located in shipping lanes or major
navigation areas and otherwise have been selected to minimize
interference with fisheries, shellfisheries and regions of commercial
or recreational navigation.
2. Minimize Changes in Water Quality. Temporary water quality
perturbations (during initial mixing) caused by disposal operations
would be reduced to normal ambient levels before reaching areas outside
of the disposal site. The second of the five general criteria requires
that locations and boundaries of disposal sites be selected so that
temporary changes in water quality or other environmental conditions
during initial mixing caused by disposal operations anywhere within a
site can be expected to be reduced to normal ambient seawater levels or
to undetectable contaminant concentrations or effects before reaching
beaches, shorelines, sanctuaries, or geographically limited fisheries
or shellfisheries. The proposed sites will be used only for dredged
material disposal of suitable sediments as determined by application of
MPRSA sediment quality criteria. No significant contaminant or
suspended solids releases are expected. Based on data evaluated as part
of the DEIS, disposal of either sandy or fine-grained material
[[Page 53691]]
would have no long-term impact on water quality at the proposed sites.
In addition, dredged material deposited at the sites and water quality
perturbations are not expected to reach any marine sanctuary, beach, or
other important natural resource area.
3. Interim Sites Which Do Not Meet Criteria. There are no interim
sites to be considered under this criterion. The CLIS and WLIS proposed
sites are not interim sites as defined under the Ocean Dumping
regulations. 0
4. Size of sites. The fourth general criterion requires that the
size of open water disposal sites be limited to localize for
identification and control any immediate adverse impacts and to permit
the implementation of effective monitoring and surveillance programs to
prevent adverse long-range impacts. Size, configuration and location is
to be determined as part of the disposal site evaluation. For this
proposed rule, EPA has determined, based on the information presented
in the DEIS, that the sites have been sized to provide sufficient
capacity to accommodate material dredged from the harbors and channels
of Long Island Sound. The existing site boundaries of the CLIS site
have been reconfigured to include two previously used disposal (FVP and
CS2) mounds that were outside of the existing boundary. Inclusion of
these mounds within the CLIS disposal site boundary will allow for
management and monitoring of the mounds. The WLIS site has also been
reconfigured. The WLIS boundaries were moved to the north west to avoid
a rapidly shoaling area. The management and monitoring plans are
described in the CLIS and WLIS SMMPs (Appendix J of the DEIS).
5. EPA must, wherever feasible, designate dumping sites beyond the
edge of the continental shelf and where historical disposal has
occurred. The fifth criterion requires EPA, wherever feasible, to
designate ocean dumping sites beyond the edge of the continental shelf
and at other such sites that have historically been used. Sites beyond
the edge of the continental shelf are not economically feasible due to
the extended travel time and associated expense. In addition, the
proposed sites, if designated, encompass the footprint of historically
used sites. Thus, the proposed disposal sites are consistent with this
criterion.
As discussed briefly above, EPA has found that the CLIS and WLIS
disposal sites satisfy the five general criteria described in 40 CFR
228.5 of the EPA Ocean Dumping Regulations. More detailed information
relevant to these criteria can be found in the DEIS and SMMPs.
In addition to the general criteria discussed above, 40 CFR
228.6(a) lists eleven specific factors to be used in evaluating a
proposed disposal site under the MPRSA to assure that the five general
criteria are met. The CLIS and WLIS sites, as discussed below, are also
acceptable under each of the 11 specific criteria. The evaluation of
the preferred disposal sites relevant to the 5 general and 11 specific
criteria is discussed in substantially more detail in the DEIS.
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 proposed CLIS site is a
rectangular area approximately 2 nautical miles by 1 nautical mile,
located 5.6 nautical miles south of South End Point near East Haven,
Connecticut, in water depths from 59 to 74 feet (18 to 22.5 meters).
The sediments at the site are predominately uniform clayey silt with an
area of mixed sand, clay and silt. The seafloor at CLIS slopes from
northwest to southeast. The proposed WLIS site is a rectangular area,
of approximately 1 square nautical mile. The site is located 2.7
nautical miles north of Lloyd Point, New York and 2.5 nautical miles
(4.6 kilometers) south of Long Neck Point near Noroton, Connecticut, in
water depths of 79 to 118 feet (24 to 30 meters). The sediments at the
site are heterogeneous, with clay silt in the northeast corner and a
mixture of sand-silt-clay in the center and southeast corner. These
sediments are typical of those found in fine-grained depositional
environments of the western basin of Long Island Sound. The seafloor at
WLIS is a gentle downward sloping plane from north to south and is
bisected by an axial depression that runs from east to west, dipping to
118 feet (36 meters) in one quarter of the site in the southern half.
EPA anticipates that disposal of dredged material placed at either of
these sites would adhere to mound configuration. Each site will be
managed based on its unique environmental conditions.
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 Corps and EPA has initiated ESA and EFH consultation
with publication of the DEIS in coordination with the National Marine
Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS).
Through coordination with the New York Department of Environmental
Conservation, the Connecticut Department of Environmental Protection,
NMFS and USFWS, data has been obtained on current threatened or
endangered species in Long Island Sound. The many organisms at the
proposed sites include zooplankton (copepods, tintinnids) and
phytoplankton. These organisms display a range of abundance by season.
The populations at or near the proposed sites are not unique to the
sites and are present over most of the sound. It is expected that
although small, short-term entrainment losses may occur immediately
following disposal, no long term, adverse impacts to organisms in the
water column will occur.
The benthic community at these sites is comprised primarily of
Annelida, Mollusca, and Crustacea. Abundance was greater at the WLIS
site. It is expected that short-term reduction in abundance and
diversity at the sites may occur immediately following disposal, but
long term, adverse impacts to benthic organisms are not expected to
occur.
The sites are located off shore in a semi-enclosed estuary that is
occupied by more than 83 fish species. Species richness did not vary
change significantly among sites. Some fish species found to dominate
the areas include winter flounder, windowpane flounder and scup. The
American lobster is a primary shellfish resource in the sound. At the
CLIS site, longfin squid were also abundant. It is expected that
impacts to finfish resources will consist of short-term, local
disruptions and the potential loss of some individual fish of certain
non-migratory species. Most of the finfish species are migratory. It is
expected that impacts to lobster will be short-term and associated with
disposal, burial and loss of habitat or food.
The coast supports a large number of resident and migratory marine
and coastal birds. Dozens of marine and coastal birds migrate through
Long Island Sound annually. In addition, LIS provides limited habitat
for most marine mammals and reptiles. The species that are frequent or
occasional visitors to the sound are harbor porpoises, long-finned
pilot whales, seals and sea turtles (Kemp's ridley , loggerhead,
leatherback and hawksbill).
The federally listed threatened and endangered species or species
of ``special concern'' which may occur within the area of the proposed
sites include: humpback, fin, and right whales; loggerhead, green,
Kemp's ridley, and hawksbill sea turtles; Atlantic and Shortnose
sturgeons. No endangered birds are expected to occur in the area of the
proposed sites.
[[Page 53692]]
Occurrence of these species varies by season. Use of the sites by
whales and endangered birds would be incidental. The presence of sea
turtles may occur in this area of the proposed sites during the summer
and fall. It is not expected that dredging activities would have any
significant adverse effect on these species or their critical habitat.
Disposal at both of the proposed sites is expected to result in the
mortality of benthic organisms as an immediate result of material
burying organisms on the seafloor. However, recolonization at the
disposal sites is expected to occur within a year or more after a
disposal event. With respect to the other living resources that use the
proposed CLIS and WLIS sites, the sites are not being located in areas
that provide limited or unique breeding, spawning, nursery, feeding, or
passage areas.
3. Location in Relation to Beaches and Other Amenity Areas (40 CFR
228.6(a)(3)). The CLIS and WLIS disposal sites are within the semi-
enclosed Long Island Sound estuary. The closest beaches, refuges,
sanctuaries or areas of special concern are at least two nautical miles
from either disposal site. The CLIS and WLIS disposal sites are
approximately 6 nautical miles (11 kilometers) from the closest beaches
(Short Beach and Calf Pasture Beach, respectively). For the CLIS
disposal site, the closest refuge or sanctuary (approximately seven
nautical miles) is the Outer Island Unit of the Stewart B. McKinney
National Wildlife Refuge. Areas of special concern at the CLIS site
include Quinnipiac River Marsh Wildlife Management Area, Great Harbor,
Wildlife Management Area and Wild wood State Park. For the WLIS
disposal site, the closest refuge or sanctuary is the Stewart B.
McKinney National Wildlife Refuge, Caumsett State Park and Target Rock
National Wildlife Refuge. It is expected that impacts would not occur
to beaches, areas of special concern, parks, natural resources,
sanctuaries or refuges since they are either land-based or further than
two nautical miles from either proposed disposal site. Therefore, EPA
has determined that dredged material disposal at the preferred disposal
site locations should not have any adverse effect on beaches or other
amenity areas, including wildlife refuges or other areas of biological
or recreational significance.
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)). The typical composition of dredged material
to be disposed at the sites is expected to range from predominantly
``clay-silt'' to ``mostly sand.'' This expectation is based on data
from historical projects from the Central and Western Regions of Long
Island Sound. The disposal of this material shall occur at designated
buoys and would be expected to be placed so as to concentrate material
from each disposal. This placement is expected to help minimize bottom
impacts to benthic organisms. Suitability determinations will be made
before authorization for disposal under MPRSA section 103 and CWA
section 404 will be issued. The sites that are proposed to be
designated will receive dredged materials determined to be suitable for
ocean disposal that are transported by either government or private
contractor hopper dredges or ocean-going bottom-dump barges towed by
tugboat. Both types of equipment release the material at or very near
the surface.
Furthermore, it should be emphasized that these disposal sites are
being proposed for designation only to receive dredged material;
disposal of other types of material at these sites will not be allowed.
It should also be noted that the disposal of certain other types of
material is expressly prohibited by the MPRSA and EPA regulations
(e.g., industrial waste, sewage sludge, chemical warfare agents). See,
e.g., 33 U.S.C. 1414b; 40 CFR 227.5(b). For these reasons, no
significant adverse impacts are expected to be associated with the
types and quantities of dredged material that may be disposed of at the
sites.
5. Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5)).
Monitoring and surveillance are expected to be feasible at both
proposed sites. Both sites are readily accessible for bathymetric
surveys and have undergone monitoring, including side-scan sonar. If
field monitoring of the disposal activities is required because of a
future concern for habitat changes or limited resources, a management
decision will be made by EPA New England and the Corps' New England
District who share the responsibilities of managing and monitoring the
disposal sites. Once the proposed sites are designated, monitoring
shall be completed in accordance with the then-current SMMPs. It is
expected that revisions to the SMMPS may be made periodically;
revisions will be circulated for review, coordinated with the affected
states and become final when approved by EPA New England Region in
conjunction with the Corps' New England District. See 33 U.S.C. 1413
(c)(3).
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)). The interactions of bathymetry,
wind-generated waves, and river and ocean currents are complex. Tidal
currents are the dominant source of water movement in LIS. Tidal
currents generally run east-west parallel to the axis of the Sound and
are substantially stronger in the eastern portion of the sound. At the
CLIS site, average peak ebb and peak flood currents run 20 to 30
centimeters/second (depth-averaged), with the spring tides 20 to 40
percent stronger. The dominant flow direction is east-west. Also
observed is a net west-southwestward flow of approximately 2.5
centimeters/second. The wind fetch at both sites is limited by the
semi-enclosed nature of LIS and wave height was recorded in the spring
of 2001 at 5 feet. However, wave heights can be developed at the site
by winds from storms. A northeast storm with a return period of 2 years
will generate waves of 8 feet. Storms with a return period of 10 years
will generate waves of 10 feet. At the WLIS site, average peak ebb and
peak flood currents run 20 to 30 centimeters/second (depth-averaged),
with the spring tides 20 to 30 percent stronger. Based on studies
conducted historically, flows directed to the west-southwest run from
30 to 45 centimeters/ second 5 percent of the time. The wind fetch is
limited at this site, however wave height was recorded in the spring of
2001 at 6.5 feet. A northeast storm with a return period of 2 years
will generate waves of 9 feet. Storms with a return period of 10 years
will generate waves of 11 feet.
It is expected that peak wave induced bottom orbital velocities are
not sufficient to cause significant erosion of dredged material at
either of the proposed sites. For these reasons, EPA has determined
that the dispersal, transport and mixing characteristics, and current
velocities and directions at the CLIS and WLIS sites are appropriate
for designation as a dredged material disposal sites.
7. Existence and Effects of Current and Previous Discharges and
Dumping in the Area (including Cumulative Effects) (40 CFR
228.6(a)(7)). The CLIS and WLIS disposal sites are currently being used
for disposal activity pursuant to the Corps' short-term site selection
authority under section 103(b) of the MPRSA. 33 U.S.C. 1413(b). These
sites have also been used historically under prior legal regimes. These
past disposal operations at these sites have been managed and material
disposal has been monitored. Past use of these sites generally makes
them preferable to more pristine sites that have either not been
[[Page 53693]]
used or have been used in the more distant past. See 40 CFR 228.5(e).
Beyond this, however, EPA's evaluation of data and modeling results
indicates that these past disposal operations have not resulted in
unacceptable or unreasonable environmental degradation, and that there
should be no significant adverse cumulative environmental effects from
continuing to use these sites on a long-term basis.
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)). In evaluating whether disposal activity at the sites
could interfere with shipping, fishing, recreation, mineral extraction,
desalination, areas of scientific importance and other legitimate uses
of the ocean, EPA considered both the direct effects from depositing
dredged material on the ocean bottom at the proposed sites and the
indirect effects associated with increased vessel traffic that will
result from transportation of dredged material to the disposal sites.
Commercial fishing activities occur throughout LIS. Commercial fish
trawling occurs in the vicinity of the CLIS proposed site and is the
only area within the western and central Sound that fishermen can trawl
successfully due to the abundance of lobster pots in other areas of the
Sound. Commercial fishing is not affected at the WLIS site since it is
not currently used due to harvesting restrictions. While lobstering
occurs at both proposed sites, WLIS is a more active lobstering site
than CLIS. Recreational fishing most frequently occurs from spring to
fall in areas with reefs and other areas of high relief. Recreational
fishing occurs at several reefs in LIS that are within two to five
nautical miles of the proposed disposal sites. Fish and shellfish
areas, occur in nearshore areas and, therefore, are not impacted by
this action. A USCG lightering area overlays the northeast corner of
the CLIS site. The Corps will coordinate with the USCG to shift the
designated anchorage boundary to ensure that existing mounds and future
disposed dredged material is not disturbed. The proposed sites are not
located in shipping lanes. Energy resources are located near the
proposed sites, but no pipelines or cables are within their boundaries.
While at the time of this evaluation only three pipelines were in
place, development of several new pipelines is anticipated.
Furthermore, neither site is an area of special scientific
importance, desalination, fish and shellfish culture or mineral
extraction. Accordingly, depositing dredged material at the sites will
not interfere with any of the activities mentioned in this criterion.
Increased vessel traffic involved in the transportation of dredged
material to the proposed disposal sites should not impact shipping or
activities discussed above.
9. The Existing Water Quality and Ecology of the Sites as
Determined by Available Data or by Trend Assessment or Baseline Surveys
(40 CFR 228.6(a)(9)). Water and sediment quality analyses conducted in
the site areas and experience with past disposal in this region have
not identified any adverse water quality or ecological impacts from
ocean disposal of dredged material. Baseline data is further described
in the DEIS.
10. Potentiality for the Development or Recruitment of Nuisance
Species in the Disposal Sites (40 CFR 228.6(a)(10)). Local
opportunistic benthic species characteristic of disturbed conditions
are expected to be present and abundant at any ODMDS in response to
physical deposition of sediments. However, no recruitment of nuisance
species or species capable of harming human health or the marine
ecosystem is expected to occur at the sites.
11. Existence at or in Close Proximity to the Sites of any
Significant Natural or Cultural Feature of Historical Importance (40
CFR 228.6(a)(11)). Due to the location of the proposed sites in LIS,
the cultural resource that has the greatest potential for impact would
be shipwrecks. A review of the existing NOAA and Warren C. Reiss Marine
shipwrecks databases illustrated a total of 39 shipwrecks in LIS.
Although none of the known shipwrecks of historical significance are
located within the boundaries of the proposed sites, the Central LIS
region is known to have at least twelve shipwrecks and the western LIS
region is known to have at least four shipwrecks. Undiscovered
shipwrecks could occur in the area. As additional sidescan sonar
surveys are conducted in the future, and if potential shipwrecks are
identified, EPA New England and the Corps' New England District will
take appropriate action.
The Connecticut State Historic Preservation Officer has determined
there are no known historic shipwrecks nor any known aboriginal
artifacts at the CLIS and WLIS disposal sites. Two of the region's
Indian tribes were included as cooperating agencies during the
development of the EIS. The Indian tribes have not identified natural
or cultural features of historical significance at either site proposed
for designation in this rule.
E. Proposed Action
The DEIS concludes that the proposed sites may appropriately be
designated for long-term use as open water dredged material disposal
sites. The proposed sites are compatible with the general and specific
factors used for site evaluation.
EPA is publishing this Proposed Rule to propose the designation of
the CLIS and WLIS disposal sites as EPA-approved open water disposal
sites. The monitoring and management of requirements that will apply to
these sites is described in the draft SMMPs. Management of these sites
will be carried out by EPA New England in conjunction with the Corps'
New England District.
It should be emphasized that, if an ocean disposal site is
designated, such a site designation does not constitute or imply Corps
or EPA's approval of open water disposal of dredged material from any
specific project. Before disposal of dredged material at the site may
commence, EPA and the Corps must evaluate the proposal according to the
ocean dumping regulatory criteria (40 CFR part 227) and authorize
disposal. EPA has the right to disapprove of the actual disposal, if it
determines that environmental requirements under the MPRSA or the CWA
have not been met.
F. Statutory and Executive Order Reviews
1. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(A) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
(B) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(C) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(D) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
[[Page 53694]]
It has been determined that this proposed action is not a
``significant regulatory action'' under E.O. 12866 and is therefore not
subject to OMB review.
2. Paperwork Reduction Act
This final rule would not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.) because it would not require persons to obtain,
maintain, retain, report, or publicly disclose information to or for a
Federal agency.
3. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996, (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency 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.
For the purposes of assessing the impacts of today's rule on small
entities, a small entity is defined as: (1) A small business based on
the Small Business Administration's (SBA) size standards; (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. EPA has determined that this action will not
have a significant impact on small entities because the proposed open
water disposal site designation will only have the effect of providing
long term environmentally-acceptable disposal options for dredged
materials. This action also provides options which are safe for marine
traffic (navigation hazards) on a continuing basis. After considering
the economic impacts of today's proposed rule on small entities, I
certify that this action will not have a significant economic impact on
a substantial number of small entities.
4. The Unfunded Mandates Reform Act and Executive Order 12875
Title II of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal Mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
Section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
EPA has determined that this proposed action contains no Federal
mandates (under the regulatory provisions of Title II of the UMRA) for
State, local and tribal governments or the private sector. It imposes
no new enforceable duty on any State, local or tribal governments or
the private sector. Similarly, EPA has also determined that this
proposed action contains no regulatory requirements that might
significantly or uniquely affect small government entities. Thus, the
requirements of section 203 of the UMRA do not apply to this rule.
5. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that 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 the various levels of government.''
This proposed rule does not have federalism implications. It will
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 the various levels of government,
as specified in Executive Order 13132. This proposed rule addresses the
designation of open water sites in Long Island Sound for the potential
disposal of dredged materials. This proposed action neither creates new
obligations nor alters existing authorizations of any state, local or
governmental entities. Thus, Executive Order 13132 does not apply to
this rule. Although Section 6 of the Executive Order 13132 does not
apply to this proposed rule, EPA did consult with representatives of
State and local governments in developing this rule.
In addition, and consistent with Executive Order 13132 and EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' ``Policies that have Tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian Tribes, on the relationship between the Federal government and
the Indian Tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes.''
The proposed action does not have Tribal implications. If
finalized, the proposed action would not have substantial direct
effects on Tribal governments, 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, as
specified in Executive Order 13175. This proposed rule designates open
water dredged material disposal sites and does not establish any
regulatory policy with tribal implications. EPA specifically solicits
additional comment on this proposed rule from tribal
[[Page 53695]]
officials. Thus, Executive Order 13175 does not apply to this rule.
7. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe might have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health and
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This
proposed rule is not an economically significant rule as defined under
Executive Order 12866 and does not concern an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. Therefore, it is not subject to Executive Order
13045.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 1001)) because it
is not a significant regulatory action under Executive Order 12866.
9. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs 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 EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This proposed
rule does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 requires that, to the greatest extent
practicable and permitted by law, each Federal agency must make
achieving environmental justice part of its mission. Executive Order
12898 provides that each Federal agency must conduct its programs,
policies, and activities that substantially affect human health or the
environment in a manner that ensures that such programs, policies, and
activities do not have the effect of excluding persons (including
populations) from participation in, denying persons (including
populations) the benefits of, or subjecting persons (including
populations) to discrimination under such programs, policies, and
activities because of their race, color, or national origin.
No action from this proposed rule will have a disproportionately
high and adverse human health and environmental effect on any
particular segment of the population. In addition, this rule does not
impose substantial direct compliance costs on those communities.
Accordingly, the requirements of Executive Order 12898 do not apply.
11. National Environmental Policy Act of 1969
Section 102(c) of the National Environmental Policy Act of 1969,
section 4321 et seq, (NEPA) requires Federal agencies to prepare
environmental impact statements (EIS) for major Federal actions
significantly affecting the quality of the human environment. The
object of NEPA is to build into the Agency decision making process
careful consideration of all environmental aspects of proposed actions.
Although EPA ocean dumping program activities have been determined to
be ``functionally equivalent'' to NEPA, EPA has a voluntarily policy to
follow NEPA procedures when designating ocean dumping sites. See, 63 FR
58045 (Oct. 29, 1998). In addition to the Notice of Intent published in
the Federal Register in June 1999 (64 FR 29865 (1999)), EPA and the
Corps published legal notices in local newspapers and issued a press
release inviting the public to participate in DEIS scoping meetings.
Three formal scoping meetings were conducted in June 1999. In addition
EPA and the Corps have held public workshops and several working group
meetings. As discussed above, EPA is issuing a DEIS for public review
and comment in conjunction with publication of this proposed rule.
In addition, EPA and the Corps will submit Coastal Zone Consistency
determinations to the states of New York and Connecticut for
publication in the Final EIS. Coordination efforts with NMFS and USFWS
for ESA and EFH consultation was initiated during the DEIS process.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Robert W. Varney,
Regional Administrator, EPA New England.
In consideration of the foregoing, EPA is proposing to amend part
228, chapter I of title 40 of the Code of Federal Regulations as
follows:
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING
1. The authority citation for part 228 continues to read as
follows:
Authority: 33 U.S.C. 1412 and 1418.
2. Section 228.15 is amended by removing and reserving paragraphs
(b) (1), and (b) (2); and adding paragraphs (b) (3) and (b) (4) to read
as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(b) * * *
(1) [Reserved]
(2) [Reserved]
(3) Central Long Island Sound Dredged Material Disposal Site
(CLIS):
(i) Location: Corner Coordinates (NAD 1983) 41[deg] 09'5'' N.,
72[deg] 54'4'' W.; 41[deg] 09'5'' N., 72[deg] 51'5'' W.; 41[deg] 08'4''
N., 72[deg] 51'5'' W.; 41[deg] 08'4'' N., 72[deg] 54'4'' W.
(ii) Size: 2 square nautical miles.
(iii) Depth: range from 18 to 23.5 meters.
(iv) Primary use: Dredged material disposal.
(v) Period of use: Continuing use.
(vi) Restriction: Disposal shall be limited to dredged material
from Long Island Sound and vicinity.
(4) Western Long Island Sound Dredged Material Disposal Site (WLIS)
(i) Location: Corner Coordinates (NAD 1983) 41[deg] 00'1'' N.,
73[deg] 29'8'' W.; 41[deg] 00'1'' N., 73[deg] 28'0'' W.; 41[deg] 58'9''
N., 73[deg] 29'8'' W.; 41[deg] 58'9'' N., 73[deg] 28'1'' W.
(ii) Size: 1.2 by 1.3 nautical mile rectangular area.
(iii) Depth: range from 24 to 30 meters.
(iv) Primary use: Dredged material disposal.
(v) Period of use: Continuing use.
[[Page 53696]]
(vi) Restriction: Disposal shall be limited to dredged material
from Long Island Sound and vicinity.
* * * * *
[FR Doc. 03-22645 Filed 9-11-03; 8:45 am]
BILLING CODE 6560-50-P