95-25171. Safety Zones; USX Superfund Site on the St. Louis River  

  • [Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
    [Rules and Regulations]
    [Pages 52861-52862]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-25171]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 165
    
    [CGD09-95-026]
    
    
    Safety Zones; USX Superfund Site on the St. Louis River
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Final rule; request for comments.
    
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    SUMMARY: The Coast Guard is establishing two safety zones in segments 
    of the St. Louis River near Duluth, Minnesota, in areas which are part 
    of the USX Superfund Site, in order to protect the public from the 
    effects of contaminated sediments at that site. Navigation of vessels 
    through the zones is prohibited. Swimming and fishing are prohibited 
    within the zones. Although this regulation is being made effective 
    immediately in order to protect public health, the public is invited to 
    comment on this action and the Coast Guard will consider changes in 
    this action in response to any comments received.
    
    DATES: This rule is effective on August 31, 1995. Comments on this rule 
    must be received on or before December 15, 1995.
    
    ADDRESSES: Comments and supporting materials should be mailed or 
    delivered to Lieutenant (junior grade) Anthony Beatrez, U.S. Coast 
    Guard Marine Safety Office, 600 S. Lake Ave., Canal Park, Duluth, MN 
    55802. Please reference the name of the proposal and the docket number 
    in the heading above. If you wish receipt of your mailed comments to be 
    acknowledged, please include a stamped, self-addressed envelope or 
    postcard for that purpose. Comments and materials received will be 
    available for public inspection at the above location from 9 a.m. to 3 
    p.m., Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Anthony 
    Beatrez, U.S. Coast Guard Marine Safety Office, 600 S. Lake Ave., Canal 
    Park, Duluth, MN 55802, (218) 720-5286.
    
    SUPPLEMENTARY INFORMATION: 
    
    Immediate Effect of Regulation
    
        In accordance with 5 U.S.C. 553, a Notice of Proposed Rulemaking 
    was not published for this regulation and good cause exists for making 
    it effective in less than 30 days from the date of publication. 
    Following normal rulemaking procedures would have been contrary to the 
    public interest because the existence of contaminated sediments at this 
    site constitutes an immediate danger to the health of any person 
    swimming in the area or consuming fish from the area. In addition, it 
    is expected that creation of these limited safety zones will have 
    minimal effects on public use of the waterway.
    
    Request for Comments
    
        Although this regulation is published as a final rule without prior 
    notice, an opportunity for public comment is nevertheless desirable in 
    order to insure that the regulation is both reasonable and workable. 
    Accordingly, the Coast Guard encourages interested persons to 
    participate in this rulemaking by submitting comments which may consist 
    of data, views, arguments, or proposals for amendments to the proposed 
    regulations. The Coast Guard does not currently plan to have a public 
    hearing. However, consideration will be given to holding a public 
    hearing if it is requested. Such a request should indicate how a public 
    hearing would contribute substantial information or views which cannot 
    be received in written form. If it appears that a public hearing would 
    substantially contribute to this rulemaking and there is sufficient 
    time to publish a notice, the Coast Guard will announce such a hearing 
    by a later notice in the Federal Register.
    
    Background and Purpose
    
        The USX Superfund Clean-up Site is a 640-acre site located about 
    five miles southwest of the Duluth central business district. The St. 
    Louis River runs along the east and south sides of the site; the river 
    empties into Lake Superior about eight miles downstream of the site. 
    The Duluth subdivisions of Gary and New Duluth are located to the 
    southwest of the site; the subdivisions of Morgan Park and Smithsville 
    are immediately adjacent to the site to the north and northwest, 
    respectively. U.S. Steel and Duluth Works operated a large integrated 
    steel mill on the site from about 1915 until 1979. Operations included 
    coke and iron production, open hearth steel production, wire rolling, 
    and wire milling. Although the Duluth Works operation closed in 1979, 
    the Hallett Co. continued to operate a wire mill on the site until 
    1987. Soil, sediments, surface water, and ground water at the site are 
    contaminated with coke and tar products which contain high 
    concentrations of polycyclic aromatic hydrocarbons (PAHs). Sediments 
    also contain elevated levels of heavy metals. PAHs include 
    phenanthrene, acenaphthene, and fluoranthene. The Minnesota Department 
    of Health (MDH) has determined that the site is a public health concern 
    from possible exposure to hazardous substances via dermal contact, 
    ingestion, or inhalation of contaminated soil or sediments. Therefore, 
    based on advice from MDH, the Coast Guard Captain of the Port in Duluth 
    has determined that swimming or fishing in the designated areas is 
    unsafe. In addition, to prevent agitation of the bottom and further 
    spreading of contaminated sediments, vessel traffic through the areas 
    is prohibited.
    
    Drafting Information
    
        The drafters of this regulation are Lieutenant (junior grade) 
    Anthony Beatrez, U.S. Coast Guard Marine Safety Office, Duluth, and 
    Commander Eric Reeves, Chief, Port & Environmental Safety Branch, Ninth 
    Coast Guard District.
    
    Environment
    
        The Coast Guard has considered the environmental impact of this 
    regulation and concluded that, under section 2.B.2.c of Coast Guard 
    Commandant Instruction M16475.1B, it is categorically excluded from 
    further environmental documentation, and has so certified in the docket 
    file. This regulatory action is being taken to protect the public from 
    the danger posed by contamination at the site and is designed to limit 
    the existing threat to the environment.
    
    Federalism
    
        This action has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 12612, and it has been determined 
    that this regulation does not have sufficient federalism implications 
    to warrant the preparation of a Federalism Assessment. This routine use 
    of traditional and well-recognized Coast Guard authority over the 
    navigable waters is being taken on the advice of, and in consultation 
    with, the Minnesota Department of Health.
    
    Regulatory Evaluation
    
        This regulation is considered to be nonsignificant under Executive 
    Order 12866 on Regulatory Planning and Review and nonsignificant under 
    
    [[Page 52862]]
    Department of Transportation regulatory policies and procedures (44 FR 
    11034 of February 26, 1979). There are few if any persons currently 
    using the area for swimming or fishing, and any restrictions on vessel 
    movement will be temporary. The safety zones do not extend into the 
    main navigation channel. Therefore, any restriction on vessel transit 
    will have minimal, if any, effect.
    
    Small Entities
    
        The economic impact of this regulation is expected to be so minimal 
    that a full regulatory evaluation is unnecessary. Since the impact of 
    this regulation is expected to be minimal, the Coast Guard certifies 
    that, if adopted, it will not have a significant economic impact on a 
    substantial number of small entities.
    
    Collection of Information
    
        This regulation will impose no collection of information 
    requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    
    List of Subjects in 33 CFR Part 165
    
        Harbors, Marine safety, Navigation (water), Security measures, 
    Vessels, Waterways.
    
    Regulations
    
        In consideration of the foregoing, the Coast Guard amends Subpart F 
    of Part 165 of title 33, Code of Federal Regulations as follows:
    
    PART 165--[AMENDED]
    
        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), 
    6.04-6, and 160.5; and 49 CFR 1.46.
    
        2. A new Sec. 165.905 is added to read as follows:
    
    
    Sec. 165.905  USX Superfund Cite Safety Zones: St. Louis River.
    
        (a) The following areas of the St. Louis River, within the 
    designated boxes of latitude and longitude, are safety zones:
        (1) Safety Zone #1 (North Spirit Lake):
    
    North Boundary: 46 deg.41'33'' W
    South Boundary: 46 deg.41'18'' W
    East Boundary: 92 deg.11'53'' W
    West Boundary: 92 deg.12'11'' W
    
        (2) Safety Zone #2 (South Spirit Lake):
    
    North Boundary: 46 deg.40'45'' N
    South Boundary: 46 deg.40'33'' N
    East Boundary: 92 deg.11'40'' W
    West Boundary: 92 deg.12'05'' W
    
        (b) Transit of vessels through the waters covered by these zones is 
    prohibited. Swimming (including water skiing or other recreational use 
    of the water which involves a substantial risk of immersion in the 
    water) or taking of fish (including all forms of aquatic animals) from 
    the waters covered by these safety zones is prohibited at all times.
    
        Dated: August 31, 1995.
    D.S. Gilbert,
    Captain, U.S. Coast Guard, Captain of the Port Duluth.
    [FR Doc. 95-25171 Filed 10-10-95; 8:45 am]
    BILLING CODE 4910-14-M
    
    

Document Information

Effective Date:
8/31/1995
Published:
10/11/1995
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule; request for comments.
Document Number:
95-25171
Dates:
This rule is effective on August 31, 1995. Comments on this rule must be received on or before December 15, 1995.
Pages:
52861-52862 (2 pages)
Docket Numbers:
CGD09-95-026
PDF File:
95-25171.pdf
CFR: (1)
33 CFR 165.905