[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Proposed Rules]
[Pages 8764-8765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4431]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-98-004]
RIN 2115-AE84
Regulated Navigation Area, Eagle Harbor, Bainbridge Island, 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 Eagle Harbor, Bainbridge Island,
Washington. This regulated navigation area would be used to preserve
the integrity of a clean sediment cap placed over contamined seabed as
part of the remediation process at a U.S. Environmental Protection
Agency (USEPA) superfund site. This regulated navigation area would
prohibit activities that would disturb the seabed, such as anchoring,
dredging, or laying cable, with the exception of EPA managed remedial
design, remedial action, habitat mitigation, or monitoring activities
associated with the Wyckoff/Eagle Harbor Superfund Site. It would not
affect transit or navigation of the area.
DATES: Comments must reach the Coast Guard on or before April 26, 1999.
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 422 at the same address between 7 a.m. & 5
p.m., Monday through Friday, except federal holidays. The telephone
number is (206) 217-6232.
ADDRESSES: Comments and documents referred to in this preamble will
become part of this docket and are available for inspection and copying
at U.S. Coast Guard Marine Safety Office Puget Sound, 1519 Alaskan Way
South, Building 1, Seattle, Washington 98134. Normal office hours are
between 7 a.m. and 5 p.m., Monday through Friday, except federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT Paul M. Stocklin, Jr., c/o Captain
of the Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington
98134, (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 (CGD13-98-004) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit all comments and attachments in an unbound
format, no larger than 8 by 11 inches, suitable for copying and
electronic filing. Persons wanting acknowledgment 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 Office at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it is determined that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Wyckoff/Eagle Harbor Superfund site is located on the east side
of Bainbridge Island, in Central Puget Sound, Washington. The site
includes a former 40-acre wood-treating facility, contaminated
sediments in adjacent Eagle Harbor, and other upland sources of
contamination to the harbor, including a former shipyard.
Part of the remediation process for this site consists of covering
the contaminated sediments in Eagle Harbor with a layer of clean
medium-to-coarse 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
The proposed rule would establish a permanent regulated navigation
area which would restrict 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 Wyckoff facility is located on the point of land that
forms the southeastern border of Eagle Harbor. The sediment cap
includes approximately 2600 feet of shoreline extending approximately
2800 feet into the harbor. This area is seldom used as an anchorage
site as it is in relatively unprotected water near the mouth of the
harbor.
Regulatory Evaluation
This proposal 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. It
has been exempted from review by the Office of Management and Budget
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). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The proposed rule would not affect normal transit or
navigation of the area and the only property involved is that of the
former Wyckoff facility. The area is not a designated anchorage ground
nor special anchorage area and was seldom used as an anchorage site as
it is relatively unprotected water immediately adjacent the harbor
entrance.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will 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 proposed rule would not affect transit or navigation of the
area. Rather, it would prohibit activities that would disturb the
seabed, such as anchoring, dredging, or laying cable. The area is not
[[Page 8765]]
a designated anchorage ground nor special anchorage area and was seldom
used as an anchorage site as it is relatively unprotected water
immediately adjacent the harbor entrance.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. If, however, you
think that your business or organization qualifies as a small entity
and that this proposed rule will have a significant economic impact on
your business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this proposed rule will economically affect it.
Collection of Information
This rule contains no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Analysis
The Coast Guard has considered the environmental impact of this
rule and has concluded that, under figure 2-1, paragraph (34)(g), of
COMDTINST M16475.1C, this proposed rule is categorically excluded from
further environmental documentation. A Categorical Exclusion is
provided for regulations establishing Regulated Navigation Areas. This
particular regulated navigation area is proposed for the purpose of
preserving the remediation efforts at an USEPA Superfund Site. The
proposed rule itself will not cause nor introduce any environmental
impacts and will be transparent in all regards except for prohibiting
activities which could disturb the seabed within the established
boundaries of the site.
The USEPA has determined that there will be no significant
environmental impact arising from the creation of an RNA designed to
protect the sediment cap. The actual placement of the cap in Eagle
Harbor was determined by USEPA to provide an environmental benefit to
the area by allowing organisms to colonize the clean sediments of the
cap (``The Proposed Plan for Cleanup of Eagle Harbor''--December 16,
1991). USEPA's authority to place the cap is expressed in a publicly
available document known as a ``Removal Action Memorandum'' dated June
15, 1993, and additional information is available at the Marine Safety
Office at the address under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A new Sec. 165.1309 is added to read as follows:
Sec. 165.1309 Eagle Harbor, Bainbridge Island, WA.
(a) Regulated area. A regulated navigation area is established on
that portion of Eagle Harbor bounded by a line beginning at: 47 deg.
36' 56'' N, 122 deg. 30' 36'' W; thence to 47 deg. 37' 11'' N, 122 deg.
30' 36'' W; thence to 47 deg. 37' 25'' N, 122 deg. 30' 17'' W; thence
to 47 deg. 37' 24'' N, 122 deg. 30' 02'' W; thence to 47 deg. 37' 16''
N, 122 deg. 29' 55'' W; thence to 47 deg. 37' 03'' N, 122 deg. 30' 02''
W; thence returning along the shoreline to 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 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 USEPA Project Manager and the DNR, 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 EPA, Coast Guard, and
Washington State Agencies. USEPA managed remedial design, remedial
action, habitat mitigation, or monitoring activities associated with
the Wyckoff/Eagle Harbor 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: January 13, 1999.
Paul M. Blayney,
Rear Admiral, USCG, 13th District Commander.
[FR Doc. 99-4431 Filed 2-22-99; 8:45 am]
BILLING CODE 4910-15-M
