[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Rules and Regulations]
[Page 47098-47100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au06-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 06-031]
RIN 1625-AA00
Safety Zone; Old Mormon Slough Sediment Contamination--McCormick
and Baxter Superfund Site; Stockton, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Stockton Deep Water Channel, in the vicinity of the
Old Mormon Slough. This safety zone is necessary to protect persons and
vessels, which might otherwise transit near the work site, from the
hazards associated with the work. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port or his
designated representative.
DATES: This rule is effective from July 24, 2006 through October 31,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP 06-031 and are available for
inspection or copying at the Waterways Safety Branch of Sector San
Francisco, Yerba Buena Island, Bldg. 278, San Francisco, California,
94130, between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Erin Bastick, U.S. Coast Guard
Sector San Francisco, at (415) 556-2950 or Sector San Francisco 24 hour
Command Center at (415) 399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
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regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The dates for the site
remediation of the Old Mormon Slough were not finalized and presented
to the Coast Guard in time to draft and publish an NPRM. As such, the
capping of the Slough would commence before the rulemaking process
could be completed. Any delay in implementing this rule is contrary to
the public interest since immediate action is necessary in order to
protect the maritime public from the hazards associated with the
remediation.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The dates for the site remediation
of the Old Mormon Slough were not finalized and presented to the Coast
Guard in time to publish this rule 30 days prior to its effective date.
As such, the capping of the Slough would commence before the rulemaking
process could be completed. Delay in the effective date of this rule
would expose the mariners and waterways users to undue hazards
associated with the remediation and would therefore be contrary to the
public interest.
Background and Purpose
This safety zone is necessary to cap a superfund site, located in
the Stockton Deep Water Channel, within the Old Mormon Slough. The Army
Corps of Engineers has contracted Montgomery Watson, with J.E. McAmis
Inc. being the subcontractor, to implement Phase II of the selected
remedy for contaminated sediment in the Old Mormon Slough. Phase II
consists of placing a cap of clean sand on the contaminated portion of
the Slough. During this process it is imperative that unauthorized
persons or vessels remain out of the safety zone for safety reasons in
addition to ensuring proper completion of the project. This will enable
the EPA to proceed with plans of this Superfund site and contain the
contaminated sediment.
Discussion of Rule
This safety zone will encompass the navigable waters from the
surface to the sea floor, located in the Stockton Deep Water Channel,
within the Old Mormon Slough, encompassing all waters East of
37[deg]57'01.25'' N. Latitude by 121[deg]18'48.03'' W. Longitude.
Within the waters of this safety zone, J.E. McAmis, Inc. will be
covering the contaminated bottom of the Old Mormon Slough with two feet
of sand. To control turbidity, a primary and a local silt curtain will
be installed. The primary silt curtain will be installed at
37[deg]57'01.25'' N. Latitude by 121[deg]18'48.03'' W. Longitude,
creating the safety zones outer boundary. JEM intends to place one
loaded barge of sand (approximately 750/c.y.) each day. The silt
curtains will be opened and closed each day when a loaded barge is
switched with an empty barge. After completion of sand placement, the
primary silt curtain will be removed. A permanent log boom will be
installed in the same location along with Type 2, Type 3A and Type 3B
warning signs. This safety zone is necessary to protect persons and
property from the hazards associated with the work.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal
Regulations, prohibits any unauthorized person or vessel from entering
or remaining in a safety zone. Vessels or persons violating this
section will be subject to both criminal and civil penalties.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users have been contacted to ensure the
closure will result in minimum impact. The entities most likely to be
affected are pleasure craft engaged in recreational activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. We expect this rule may affect owners and operators of
vessels, some of which may be small entities, intending to fish,
sightsee, or anchor in the waters affected by this safety zone. This
safety zone will not have a significant economic impact on a
substantial number of small entities because vessels engaged in
recreational activities, sightseeing and fishing have ample space
outside of the safety zone to engage in these activities.
Small entities and the maritime public will also be advised of this
safety zone via public broadcast notice to mariners. The economic
impact of this waterway closure is not expected to be significant.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Ensign Erin Bastick, Waterways
Safety Branch, U.S. Coast Guard Sector San Francisco at (415) 556-2950
extension 142, or the 24 hour Command Center at (415) 399-3547.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of
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their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 or more in any one year. Though this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not affect 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 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 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 create an
environmental risk to health or risk to 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. Paragraph (34)(g) is applicable because this rule
establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-127, to read as follows:
Sec. 165.T11-127 Safety Zone; Old Mormon Slough Sediment
Contamination--McCormick and Baxter Superfund Site; Stockton,
California.
(a) Location. This safety zone will encompass the navigable waters
from the surface to the sea floor, located in the Stockton Deep Water
Channel, within the Old Mormon Slough, encompassing all waters East of
37[deg]57'01.25''N Latitude by 121[deg]18'48.03''W Longitude. Within
the waters of this safety zone, the contaminated bottom of the Old
Mormon Slough will be covered with two feet of sand. To control
turbidity, a primary and a local silt curtain will be installed. The
primary silt curtain will be installed at 37[deg]57'01.25''N Latitude
by 121[deg]18'48.03''W Longitude, creating the safety zones outer
boundary.
(b) Effective Dates. This rule is effective from July 24, 2006
through October 31, 2006.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by all vessels and persons is prohibited,
unless specifically authorized by the Captain of the Port San
Francisco, or his designated on-scene patrol personnel.
(d) Enforcement. (1) All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port, or the designated
on-scene patrol personnel. Patrol personnel can be comprised of
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary, local, state, and Federal law
enforcement vessels. Upon being hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light or other means, the operator
of a vessel shall proceed as directed.
(2) The U.S. Coast Guard may be assisted in the patrol and
enforcement of these two safety zones by local law enforcement as
necessary.
(3) If the need for the safety zone ends prior to the scheduled
termination time, the Captain of the Port will cease enforcement of the
safety zone.
Dated: July 21, 2006.
David Swatland,
Captain, U.S. Coast Guard, Acting Captain of the Port, San Francisco,
California.
[FR Doc. E6-13392 Filed 8-15-06; 8:45 am]
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