Ocean Dumping; Withdrawal of Designated Disposal Site; Grays Harbor, Washington, 29706-29710 [2018-13715]
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29706
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), nor is it considered a
regulatory action under Executive Order
13771, entitled ‘‘Reducing Regulations
and Controlling Regulatory Costs’’ (82
FR 9339, February 3, 2017). This action
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does
it require any special considerations
under Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
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This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 8, 2018.
Michael Goodis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.535, add alphabetically the
entries ‘‘Teff, forage’’; ‘‘Teff, grain’’;
‘‘Teff, hay’’; and ‘‘Teff, straw’’ to the
table in paragraph (a) to read as follows:
■
§ 180.535 Fluroxypyr 1-methylheptyl ester;
tolerances for residues.
(a) * * *
Parts per
million
Commodity
*
Teff,
Teff,
Teff,
Teff,
*
*
*
forage .................................
grain ...................................
hay ......................................
straw ...................................
*
*
*
*
*
*
*
*
12
0.50
20
12
*
*
*
[FR Doc. 2018–13724 Filed 6–25–18; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA–R10–OW–2018–0284; FRL–9979–31—
Region 10]
Ocean Dumping; Withdrawal of
Designated Disposal Site; Grays
Harbor, Washington
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to withdraw from EPA regulation
and management one designated ocean
dredged material disposal site, the Grays
Harbor Eight Mile Site, located near the
mouth of Grays Harbor, Washington.
This action is pursuant to the Marine
Protection, Research, and Sanctuaries
Act, as amended. The disposal site was
designated by the EPA for a specific
one-time use in 1990. The Grays Harbor
Eight Mile Site fulfilled its intended
purpose in 1990 as a single-use disposal
site, and monitoring indicates that there
will be no unacceptable adverse impacts
to the marine environment once the
EPA relinquishes management of the
site. Five other open-water dredged
material disposal sites remain in close
proximity to the mouth of Grays Harbor.
These sites remain available for use for
the disposal of suitable dredged material
and are not affected by this withdrawal.
DATES: This rule is effective on
September 24, 2018 without further
notice, unless the EPA receives adverse
comment by July 26, 2018. If the EPA
receives adverse comment, the Agency
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. [EPA–R10–
OW–2018–0284; FRL–9979–31—Region
10], at https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
SUMMARY:
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primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets .
Docket: All documents in the docket
are listed in the https://
www.regulations.gov/ index. Although
listed in the index, some information
may not be publicly available, e.g.,
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov/ or in hard copy at
the EPA Region 10 Library, 1200 Sixth
Avenue, Seattle, Washington 98101. The
EPA Region 10 Library is open from
9:00 a.m. to noon, and 1:00 to 4:00 p.m.
Monday through Friday, excluding
federal holidays. The EPA Region 10
Library telephone number is (206) 553–
1289.
FOR FURTHER INFORMATION CONTACT:
Bridgette Lohrman, Office of
Environmental Review and Assessment,
U.S. Environmental Protection Agency,
Region 10, Oregon Operations Office,
805 SW Broadway, Suite 500, Portland,
OR 97205; (503) 326–4006,
lohrman.bridgette@epa.gov.
SUPPLEMENTARY INFORMATION:
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1. Why is the EPA using a direct final
rule?
The EPA is publishing this rule
without a prior proposed rule because
we view this as a noncontroversial
action and anticipate no adverse
comment. In 1990, the EPA designated
the Grays Harbor Eight Mile Site for the
single purpose of serving as an ocean
dredged material disposal site (ODMDS)
for dredged material from the deepening
of the Grays Harbor Federal Navigation
Channel by the United States Army
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Corps of Engineers, Seattle District
(USACE). The disposal site served this
purpose in 1990, and the EPA is now
taking the administrative action of
withdrawing the site from regulation
and relinquishing future management of
the site. The site has not been used for
disposal of dredged material since 1990
because such an action would require
the EPA to re-designate the disposal site
for a changed purpose. The EPA has not
received any requests from the dredging
community to use this site since 1990.
Five other open-water dredged material
disposal/placement sites remain in close
proximity to the mouth of Grays Harbor.
These five sites remain available for use,
and are not affected by this withdrawal.
The ability of the USACE, the Port of
Grays Harbor, and other interested
parties to find suitable dredged material
disposal options will not be changed by
this action. Post-disposal monitoring at
the Grays Harbor Eight Mile Site shows
that the site does not have now and will
not have unacceptable adverse effects
on the marine environment into the
future.
2. Does this action apply to me?
In 1990, the EPA designated the Grays
Harbor Eight Mile Site to be used for a
single purpose, to receive dredged
material from the deepening of the
Grays Harbor Federal Navigation
Channel in 1990. The site has served its
intended purpose and has not been
available for use since 1990. If an
interested party wanted to use the Grays
Harbor Eight Mile Site for the ocean
disposal of dredged material, the EPA
would need to administratively
withdraw the site, designate the site
with the new purpose, and provide for
public comment. Thus, the current
action to remove this ODMDS from EPA
regulation and management does not
affect any person seeking an open-water
location to dispose of suitable dredged
material. In addition, post-disposal
monitoring at the Grays Harbor Eight
Mile Site, conducted by the EPA and the
USACE, demonstrates that the
monitoring requirements set forth in the
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Site Management and Monitoring Plan
(SMMP) of 1990 have been met, and that
the EPA relinquishing management of
the site will not cause an unacceptable
adverse impact to the marine
environment. For any questions
regarding the applicability of this action
to a particular person or entity, please
refer to the contact person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
3. Background
a. History of Disposal Sites Near Grays
Harbor, Washington
EPA Region 10 designated both the
Grays Harbor Eight Mile Site and the
Southwest Navigation, or 3.9-Mile Site,
on July 5, 1990, for the disposal of
dredged material removed during the
deepening of the Grays Harbor Federal
Navigation Channel by the USACE in
Grays Harbor, Washington. While the
Southwest Navigation Site was
designated for indefinite use, the Grays
Harbor Eight Mile Site was designated
for the single purpose of
accommodating materials from the
Federal navigation channel project,
which was expected to occur over a
two-to-three-year period beginning in
1990. The USACE disposed of 2.8
million cubic yards of dredged material
at the Grays Harbor Eight Mile Site in
1990, and the site has not been used for
the ocean disposal of dredged material
since that time.
The Grays Harbor Eight Mile Site is
approximately 7.1 nautical miles (8
statute miles) offshore and west/
northwest of the entrance to Grays
Harbor (Figure 1). The Site is circular,
with a radius of 0.40 nautical miles on
a central coordinate of 46°57′ N and
124°20.06′ W. The site covers an area of
approximately 0.5 square nautical miles.
Water depths at the Grays Harbor Eight
Mile Site range from 140 to 160 feet.
The disposal site is characterized as
being located on offshore relict gravel
deposits, which contain no significant
benthic fish or invertebrate
communities.
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In the final rule (55 FR 27634, July 5,
1990) designating the Grays Harbor
Eight Mile Site, the EPA stated: ‘‘EPA
intends to de-designate the site after
dumping at the site has been completed
and monitoring indicates that the
material has stabilized.’’ This action
stated that de-designation would occur
within the five years following
completion of disposal and monitoring
activities. The USACE conducted two
post-disposal surveys of the ODMDS in
1991 and 1992 in accordance with the
SMMP of 1990. The results of those two
surveys did not satisfy all requirements
of the SMMP. Additionally, the
chemical analysis of the sediments at
the disposal site at that time provided
conclusive data documenting the
presence of dioxins/furans and other
contaminants at the Grays Harbor Eight
Mile Site. Dioxin concentrations at the
disposal site ranged from 0.49 to 1.88
[parts per trillion (pptr) dry weight TEQ
(toxicity equivalent)]. These
concentrations were not considered a
risk to the marine environment at that
time, and as a point of comparison, are
well below the current marine screening
level of 4 pptr dry weight TEQ, used for
screening the suitability of open-water
disposal of dredged material in Puget
Sound today. The remote sensing data
were inconclusive about the disposal
mound height and areal extent. These
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two parameters were identified in the
Grays Harbor Eight Mile Site
designation documents and SMMP as
indicators of stabilization. The EPA
determined that additional data were
warranted to assess whether the
disposed material from the Grays Harbor
Navigation Channel Deepening Project
had stabilized.
b. Recent Events
The EPA conducted a survey of the
Grays Harbor Eight Mile Site on July 19,
2016 to assess the physical attributes of
the site in preparation for formal
withdrawal of the disposal site from
EPA regulation and management. The
main objective of the survey was to
conduct a high-resolution multi-beam
echo sounder survey to assess the
bathymetry and surficial geology within
and around the disposal site. The survey
focused on characterizing sediments in
and around the Grays Harbor Eight Mile
Site to determine whether dredged
material had spread beyond the site
boundaries or created a mound that
could impact navigation. The survey
area was rectangular, containing the
ODMDS and a 500-foot buffer area.
The 2016 survey revealed a disposal
mound, ranging 1 to 7 feet above
ambient seafloor elevations, within the
ODMDS. This mound confirmed that
dredged material was disposed within
the ODMDS boundaries in 1990. The
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survey also revealed the appearance of
dredged material slightly outside the
northeast portion of the ODMDS. This is
likely the result of movement of
sediment by near-bottom currents on the
seafloor after disposal was completed.
The Grays Harbor Eight Mile SMMP
predicted a mound on the seafloor of 10
to 15 feet from the disposal. Since the
observed mound was only 1 to 7 feet
high, it is likely that the seafloor
currents have suspended the disposed
material and redeposited it, either off
the center of the mound or beyond the
boundaries of the ODMDS, over time.
This redistribution of disposed material
from the original mound has not caused
mounding of significance beyond the
disposal site boundaries, based on the
bathymetric survey results.
The seafloor substrate within the
Grays Harbor Eight Mile Site is a mix of
unconsolidated to consolidated
sediments, likely ranging from mud and
silts to coarse sand. The 2016
bathymetric survey indicated that the
disposal mound within the ODMDS
consists of softer, probably fine-grained
sediments. At the peak of this mound,
the sediments appear to be coarser,
which may be an indication of seafloor
scour or fine-grained material not
settling on the seafloor but rather
staying re-suspended in the water
column. The grain size within the
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ODMDS is different from ambient grain
sizes surrounding the disposal site. This
is likely the result of disposal activities,
and is limited to a small, discrete area
within the site. Thus, any potential
lasting effects on benthic infauna, or the
epibenthic organisms which feed on
these infauna, are negligible.
c. This Action
This action is an administrative
procedure to formally remove the Grays
Harbor Eight Mile Site from regulation
(40 CFR 228) and EPA management. The
EPA will continue to manage the Grays
Harbor Southwest Navigation Site,
located 3.9 nautical miles from the
mouth of Grays Harbor. The Grays
Harbor Eight Mile Site that will be
removed from regulation and EPA
management is a circle with radius 0.40
statute miles, centered at: 46°57′ N,
124°20.06′ W, based upon the North
American Datum of 1927.
4. Environmental Statutory Review—
National Environmental Policy Act
(NEPA); Magnuson-Stevens Act (MSA);
Marine Mammal Protection Act
(MMPA); Coastal Zone Management
Act (CZMA); Endangered Species Act
(ESA); National Historic Preservation
Act (NHPA)
sradovich on DSK3GMQ082PROD with RULES
a. NEPA
Section 102 of the National
Environmental Policy Act of 1969, as
amended (NEPA), 42 U.S.C. 4321 to
4370f, requires Federal agencies to
prepare an Environmental Impact
Statement for major federal actions
significantly affecting the quality of the
human environment. NEPA does not
apply to this action because the courts
have exempted the EPA’s actions under
the MPRSA from the procedural
requirements of NEPA through the
functional equivalence doctrine. The
EPA has, by policy, determined that
where the preparation of NEPA
documents for certain EPA regulatory
actions, including action under the
MPRSA, is appropriate, the EPA will
prepare an environmental review
document. The EPA’s ‘‘Notice of Policy
and Procedures for Voluntary
Preparation of NEPA Documents’’ (63
FR 58045, October 29, 1998), sets out
both the policy and procedures the EPA
uses when preparing such
environmental review documents. The
EPA has determined that no
environmental review document is
necessary for withdrawal of the Grays
Harbor Eight Mile Site.
b. MSA and MMPA
The EPA has found no evidence that
the disposal of dredged material has
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affected the physical, chemical, or
biological attributes of the Site which
would impact Essential Fish Habitat
(EFH) under Section 305(b) of the
Magnuson-Stevens Act, as amended
(MSA), 16 U.S.C. 1855(b)(2), nor affect
marine mammals protected under the
Marine Mammal Protection Act of 1972,
as amended (MMPA), 16 U.S.C. 1361 to
1389.
The Coastal Zone Management Act, as
amended (CZMA), 16 U.S.C. 1451 to
1465, requires Federal agencies to
determine whether their actions will be
consistent to the maximum extent
practicable with the enforceable policies
of approved state programs. The EPA’s
withdrawal of the Grays Harbor Eight
Mile Site from regulation will have no
effect on the State of Washington’s
coastal zone because the disposal site is
approximately four nautical miles
seaward of the State’s territorial sea and
the EPA found no evidence that the
disposal of dredged material has
impacted the biological community,
navigation safety, or ocean use inside or
outside the disposal site.
d. ESA
The Endangered Species Act, as
amended (ESA), 16 U.S.C. 1531 to 1544,
requires Federal agencies to consult
with the National Marine Fisheries
Service and the U.S. Fish and Wildlife
Service to ensure that any action
authorized, funded, or carried out by the
Federal agency is not likely to
jeopardize the continued existence of
any endangered or threatened species or
result in the destruction or adverse
modification of any critical habitat. The
withdrawal from regulation of the Grays
Harbor Eight Mile Site will have no
effect on listed or threatened species or
on any critical habitat. The postdisposal monitoring conducted by EPA
and the USACE indicates that the site
will have no physical, chemical, or
biological impacts to benthic marine
species.
e. NHPA
The National Historic Preservation
Act, as amended (NHPA), 16 U.S.C. 470
to 470a-2, requires Federal agencies to
take into account the effect of their
actions on districts, sites, buildings,
structures, or objects, included in, or
eligible for inclusion in the National
Register. This site withdrawal will not
affect any historic properties. The
withdrawal of the Grays Harbor Eight
Mile Site from EPA regulation means
that management of the site by the EPA
will be relinquished.
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5. Statutory and Executive Order
Reviews
This rule withdraws one designated
ocean dredged material disposal site
pursuant to Section 102 of the MPRSA
and 40 CFR 228.11. This action
complies with applicable executive
orders and statutory provisions as
follows:
a. Executive Orders 12866 and 13563
c. CZMA
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This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
b. Paperwork Reduction Act
This action does not impose an
information collection burden under the
Paperwork Reduction Act (PRA). The
EPA does not reasonably anticipate
collection of information from ten or
more people based on the lack of use of
the site since 1990. Consequently, the
direct final action is not subject to the
PRA.
c. Regulatory Flexibility
This action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (RFA). This
action will not impose any requirements
on small entities. The RFA, as amended
by the Small Business Regulatory
Enforcement Fairness Act (SBREFA), 5
U.S.C. 601 et seq., generally requires
Federal agencies 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. Small entities include small
businesses, small organizations, and
small governmental jurisdictions. For
purposes of assessing the impacts of this
rule on small entities, small entity is
defined as: (1) A small business defined
by the Small Business Administration’s
size regulations at 13 CFR part 121; (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-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. The EPA has
determined that this action will not
have a significant economic impact on
small entities because the rule will only
have the effect of withdrawing one site
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
that had fulfilled its stated purpose
when EPA designated the site in 1990.
d. Unfunded Mandates Reform Act
This action does not contain any
unfunded mandate as described in the
Unfunded Mandates Reform Act
(UMRA), 2 U.S.C. 1531–1538, and does
not significantly affect small
governments. The action imposes no
new enforceable duty on any state, local
or tribal governments or the private
sector.
e. Executive Order 13132: Federalism
This action does not have federalism
implications. It does 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 various levels of
government.
f. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175, because the withdrawal
from EPA regulation of the Grays Harbor
Eight Mile Site will not have a direct
effect on 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. Thus,
Executive Order 13175 does not apply
to this action. Although Executive Order
13175 does not apply to this action, the
EPA consulted with tribal officials in
the development of this action,
particularly as it relates to potential
impacts to tribal trust resources and
tribal operations within the Quinault
Indian Nation’s Usual and Accustomed
Area. The Quinault Indian Nation
responded to EPA’s request for Tribal
Consultation on April 5, 2018, stating
this action does not require governmentto-government consultation.
sradovich on DSK3GMQ082PROD with RULES
g. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. This action’s health and risk
assessments are contained in Section 3.
Background, a. History of Disposal Sites
near Grays Harbor, Washington.
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h. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
§ 228.15
[Amended]
2. Section 228.15 is amended by
removing and reserving paragraph
(n)(10).
■
[FR Doc. 2018–13715 Filed 6–25–18; 8:45 am]
BILLING CODE 6560–50–P
i. National Technology Transfer and
Advancement Act
FEDERAL COMMUNICATIONS
COMMISSION
This rulemaking does not involve
technical standards.
47 CFR Parts 2 and 90
j. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The documentation for this decision is
contained in Section 5. Statutory and
Executive Order Reviews, f. Executive
Order 13175: Consultation and
Coordination with Indian Tribal
Governments.
k. Congressional Review Act
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Authority: This action is issued under the
authority of Section 102 of the Marine
Protection, Research and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.
Dated: May 24, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set out in the
preamble, the EPA amends title 40,
chapter I, subchapter H 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.
PO 00000
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[PS Docket No. 13–87; PS Docket No. 06–
229, WT Docket No. 96–86, RM–11433 and
RM–11577, FCC 16–111]
Service Rules Governing Narrowband
Operations in the 769–775/799–805
MHz Bands
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Service Rules
Governing Narrowband Operations in
the 769–775/799–805 MHz Bands Order
on Reconsideration (Order). This
document is consistent with the Order,
which stated that the Commission
would publish a document in the
Federal Register announcing the
effective date of those rules.
DATES: The amendments to 47 CFR
2.1033(c)(20) and 90.548(c) published at
81 FR 66830, September 29, 2016, are
effective July 26, 2018.
FOR FURTHER INFORMATION CONTACT: John
Evanoff, Policy and Licensing Division,
Public Safety and Homeland Bureau, at
(202) 418–0848, or email: john.evanoff@
fcc.gov. For additional information
concerning the information collection
requirements contained in this
document, send an email to PRA@
fcc.gov or contact Nicole Ongele, Office
of Managing Director, Performance
Evaluation and Records Management,
202–418–2991, or by email to PRA@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on March 13,
2017, OMB approved, for a period of
three years, the information collection
requirements relating to the 700 MHz
interoperability testing rules contained
in the Commission’s Report and Order,
FCC 16–111, published at 81 FR 66830,
Sept. 29, 2016. The OMB Control
Number is 3060–0057. The Commission
publishes this document as an
SUMMARY:
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29706-29710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13715]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R10-OW-2018-0284; FRL-9979-31--Region 10]
Ocean Dumping; Withdrawal of Designated Disposal Site; Grays
Harbor, Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to withdraw from EPA regulation and management one
designated ocean dredged material disposal site, the Grays Harbor Eight
Mile Site, located near the mouth of Grays Harbor, Washington. This
action is pursuant to the Marine Protection, Research, and Sanctuaries
Act, as amended. The disposal site was designated by the EPA for a
specific one-time use in 1990. The Grays Harbor Eight Mile Site
fulfilled its intended purpose in 1990 as a single-use disposal site,
and monitoring indicates that there will be no unacceptable adverse
impacts to the marine environment once the EPA relinquishes management
of the site. Five other open-water dredged material disposal sites
remain in close proximity to the mouth of Grays Harbor. These sites
remain available for use for the disposal of suitable dredged material
and are not affected by this withdrawal.
DATES: This rule is effective on September 24, 2018 without further
notice, unless the EPA receives adverse comment by July 26, 2018. If
the EPA receives adverse comment, the Agency will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R10-
OW-2018-0284; FRL-9979-31--Region 10], at https://www.regulations.gov.
Follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the
[[Page 29707]]
primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets .
Docket: All documents in the docket are listed in the https://www.regulations.gov/ index. Although listed in the index, some
information may not be publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in https://www.regulations.gov/ or in hard copy at the EPA Region 10 Library, 1200
Sixth Avenue, Seattle, Washington 98101. The EPA Region 10 Library is
open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. Monday through
Friday, excluding federal holidays. The EPA Region 10 Library telephone
number is (206) 553-1289.
FOR FURTHER INFORMATION CONTACT: Bridgette Lohrman, Office of
Environmental Review and Assessment, U.S. Environmental Protection
Agency, Region 10, Oregon Operations Office, 805 SW Broadway, Suite
500, Portland, OR 97205; (503) 326-4006, [email protected].
SUPPLEMENTARY INFORMATION:
1. Why is the EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. In 1990, the EPA designated the Grays Harbor Eight
Mile Site for the single purpose of serving as an ocean dredged
material disposal site (ODMDS) for dredged material from the deepening
of the Grays Harbor Federal Navigation Channel by the United States
Army Corps of Engineers, Seattle District (USACE). The disposal site
served this purpose in 1990, and the EPA is now taking the
administrative action of withdrawing the site from regulation and
relinquishing future management of the site. The site has not been used
for disposal of dredged material since 1990 because such an action
would require the EPA to re-designate the disposal site for a changed
purpose. The EPA has not received any requests from the dredging
community to use this site since 1990. Five other open-water dredged
material disposal/placement sites remain in close proximity to the
mouth of Grays Harbor. These five sites remain available for use, and
are not affected by this withdrawal. The ability of the USACE, the Port
of Grays Harbor, and other interested parties to find suitable dredged
material disposal options will not be changed by this action. Post-
disposal monitoring at the Grays Harbor Eight Mile Site shows that the
site does not have now and will not have unacceptable adverse effects
on the marine environment into the future.
2. Does this action apply to me?
In 1990, the EPA designated the Grays Harbor Eight Mile Site to be
used for a single purpose, to receive dredged material from the
deepening of the Grays Harbor Federal Navigation Channel in 1990. The
site has served its intended purpose and has not been available for use
since 1990. If an interested party wanted to use the Grays Harbor Eight
Mile Site for the ocean disposal of dredged material, the EPA would
need to administratively withdraw the site, designate the site with the
new purpose, and provide for public comment. Thus, the current action
to remove this ODMDS from EPA regulation and management does not affect
any person seeking an open-water location to dispose of suitable
dredged material. In addition, post-disposal monitoring at the Grays
Harbor Eight Mile Site, conducted by the EPA and the USACE,
demonstrates that the monitoring requirements set forth in the Site
Management and Monitoring Plan (SMMP) of 1990 have been met, and that
the EPA relinquishing management of the site will not cause an
unacceptable adverse impact to the marine environment. For any
questions regarding the applicability of this action to a particular
person or entity, please refer to the contact person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
3. Background
a. History of Disposal Sites Near Grays Harbor, Washington
EPA Region 10 designated both the Grays Harbor Eight Mile Site and
the Southwest Navigation, or 3.9-Mile Site, on July 5, 1990, for the
disposal of dredged material removed during the deepening of the Grays
Harbor Federal Navigation Channel by the USACE in Grays Harbor,
Washington. While the Southwest Navigation Site was designated for
indefinite use, the Grays Harbor Eight Mile Site was designated for the
single purpose of accommodating materials from the Federal navigation
channel project, which was expected to occur over a two-to-three-year
period beginning in 1990. The USACE disposed of 2.8 million cubic yards
of dredged material at the Grays Harbor Eight Mile Site in 1990, and
the site has not been used for the ocean disposal of dredged material
since that time.
The Grays Harbor Eight Mile Site is approximately 7.1 nautical
miles (8 statute miles) offshore and west/northwest of the entrance to
Grays Harbor (Figure 1). The Site is circular, with a radius of 0.40
nautical miles on a central coordinate of 46[deg]57' N and
124[deg]20.06' W. The site covers an area of approximately 0.5 square
nautical miles. Water depths at the Grays Harbor Eight Mile Site range
from 140 to 160 feet. The disposal site is characterized as being
located on offshore relict gravel deposits, which contain no
significant benthic fish or invertebrate communities.
[[Page 29708]]
[GRAPHIC] [TIFF OMITTED] TR26JN18.115
In the final rule (55 FR 27634, July 5, 1990) designating the Grays
Harbor Eight Mile Site, the EPA stated: ``EPA intends to de-designate
the site after dumping at the site has been completed and monitoring
indicates that the material has stabilized.'' This action stated that
de-designation would occur within the five years following completion
of disposal and monitoring activities. The USACE conducted two post-
disposal surveys of the ODMDS in 1991 and 1992 in accordance with the
SMMP of 1990. The results of those two surveys did not satisfy all
requirements of the SMMP. Additionally, the chemical analysis of the
sediments at the disposal site at that time provided conclusive data
documenting the presence of dioxins/furans and other contaminants at
the Grays Harbor Eight Mile Site. Dioxin concentrations at the disposal
site ranged from 0.49 to 1.88 [parts per trillion (pptr) dry weight TEQ
(toxicity equivalent)]. These concentrations were not considered a risk
to the marine environment at that time, and as a point of comparison,
are well below the current marine screening level of 4 pptr dry weight
TEQ, used for screening the suitability of open-water disposal of
dredged material in Puget Sound today. The remote sensing data were
inconclusive about the disposal mound height and areal extent. These
two parameters were identified in the Grays Harbor Eight Mile Site
designation documents and SMMP as indicators of stabilization. The EPA
determined that additional data were warranted to assess whether the
disposed material from the Grays Harbor Navigation Channel Deepening
Project had stabilized.
b. Recent Events
The EPA conducted a survey of the Grays Harbor Eight Mile Site on
July 19, 2016 to assess the physical attributes of the site in
preparation for formal withdrawal of the disposal site from EPA
regulation and management. The main objective of the survey was to
conduct a high-resolution multi-beam echo sounder survey to assess the
bathymetry and surficial geology within and around the disposal site.
The survey focused on characterizing sediments in and around the Grays
Harbor Eight Mile Site to determine whether dredged material had spread
beyond the site boundaries or created a mound that could impact
navigation. The survey area was rectangular, containing the ODMDS and a
500-foot buffer area.
The 2016 survey revealed a disposal mound, ranging 1 to 7 feet
above ambient seafloor elevations, within the ODMDS. This mound
confirmed that dredged material was disposed within the ODMDS
boundaries in 1990. The survey also revealed the appearance of dredged
material slightly outside the northeast portion of the ODMDS. This is
likely the result of movement of sediment by near-bottom currents on
the seafloor after disposal was completed. The Grays Harbor Eight Mile
SMMP predicted a mound on the seafloor of 10 to 15 feet from the
disposal. Since the observed mound was only 1 to 7 feet high, it is
likely that the seafloor currents have suspended the disposed material
and redeposited it, either off the center of the mound or beyond the
boundaries of the ODMDS, over time. This redistribution of disposed
material from the original mound has not caused mounding of
significance beyond the disposal site boundaries, based on the
bathymetric survey results.
The seafloor substrate within the Grays Harbor Eight Mile Site is a
mix of unconsolidated to consolidated sediments, likely ranging from
mud and silts to coarse sand. The 2016 bathymetric survey indicated
that the disposal mound within the ODMDS consists of softer, probably
fine-grained sediments. At the peak of this mound, the sediments appear
to be coarser, which may be an indication of seafloor scour or fine-
grained material not settling on the seafloor but rather staying re-
suspended in the water column. The grain size within the
[[Page 29709]]
ODMDS is different from ambient grain sizes surrounding the disposal
site. This is likely the result of disposal activities, and is limited
to a small, discrete area within the site. Thus, any potential lasting
effects on benthic infauna, or the epibenthic organisms which feed on
these infauna, are negligible.
c. This Action
This action is an administrative procedure to formally remove the
Grays Harbor Eight Mile Site from regulation (40 CFR 228) and EPA
management. The EPA will continue to manage the Grays Harbor Southwest
Navigation Site, located 3.9 nautical miles from the mouth of Grays
Harbor. The Grays Harbor Eight Mile Site that will be removed from
regulation and EPA management is a circle with radius 0.40 statute
miles, centered at: 46[deg]57' N, 124[deg]20.06' W, based upon the
North American Datum of 1927.
4. Environmental Statutory Review--National Environmental Policy Act
(NEPA); Magnuson-Stevens Act (MSA); Marine Mammal Protection Act
(MMPA); Coastal Zone Management Act (CZMA); Endangered Species Act
(ESA); National Historic Preservation Act (NHPA)
a. NEPA
Section 102 of the National Environmental Policy Act of 1969, as
amended (NEPA), 42 U.S.C. 4321 to 4370f, requires Federal agencies to
prepare an Environmental Impact Statement for major federal actions
significantly affecting the quality of the human environment. NEPA does
not apply to this action because the courts have exempted the EPA's
actions under the MPRSA from the procedural requirements of NEPA
through the functional equivalence doctrine. The EPA has, by policy,
determined that where the preparation of NEPA documents for certain EPA
regulatory actions, including action under the MPRSA, is appropriate,
the EPA will prepare an environmental review document. The EPA's
``Notice of Policy and Procedures for Voluntary Preparation of NEPA
Documents'' (63 FR 58045, October 29, 1998), sets out both the policy
and procedures the EPA uses when preparing such environmental review
documents. The EPA has determined that no environmental review document
is necessary for withdrawal of the Grays Harbor Eight Mile Site.
b. MSA and MMPA
The EPA has found no evidence that the disposal of dredged material
has affected the physical, chemical, or biological attributes of the
Site which would impact Essential Fish Habitat (EFH) under Section
305(b) of the Magnuson-Stevens Act, as amended (MSA), 16 U.S.C.
1855(b)(2), nor affect marine mammals protected under the Marine Mammal
Protection Act of 1972, as amended (MMPA), 16 U.S.C. 1361 to 1389.
c. CZMA
The Coastal Zone Management Act, as amended (CZMA), 16 U.S.C. 1451
to 1465, requires Federal agencies to determine whether their actions
will be consistent to the maximum extent practicable with the
enforceable policies of approved state programs. The EPA's withdrawal
of the Grays Harbor Eight Mile Site from regulation will have no effect
on the State of Washington's coastal zone because the disposal site is
approximately four nautical miles seaward of the State's territorial
sea and the EPA found no evidence that the disposal of dredged material
has impacted the biological community, navigation safety, or ocean use
inside or outside the disposal site.
d. ESA
The Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 to
1544, requires Federal agencies to consult with the National Marine
Fisheries Service and the U.S. Fish and Wildlife Service to ensure that
any action authorized, funded, or carried out by the Federal agency is
not likely to jeopardize the continued existence of any endangered or
threatened species or result in the destruction or adverse modification
of any critical habitat. The withdrawal from regulation of the Grays
Harbor Eight Mile Site will have no effect on listed or threatened
species or on any critical habitat. The post-disposal monitoring
conducted by EPA and the USACE indicates that the site will have no
physical, chemical, or biological impacts to benthic marine species.
e. NHPA
The National Historic Preservation Act, as amended (NHPA), 16
U.S.C. 470 to 470a-2, requires Federal agencies to take into account
the effect of their actions on districts, sites, buildings, structures,
or objects, included in, or eligible for inclusion in the National
Register. This site withdrawal will not affect any historic properties.
The withdrawal of the Grays Harbor Eight Mile Site from EPA regulation
means that management of the site by the EPA will be relinquished.
5. Statutory and Executive Order Reviews
This rule withdraws one designated ocean dredged material disposal
site pursuant to Section 102 of the MPRSA and 40 CFR 228.11. This
action complies with applicable executive orders and statutory
provisions as follows:
a. Executive Orders 12866 and 13563
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
b. Paperwork Reduction Act
This action does not impose an information collection burden under
the Paperwork Reduction Act (PRA). The EPA does not reasonably
anticipate collection of information from ten or more people based on
the lack of use of the site since 1990. Consequently, the direct final
action is not subject to the PRA.
c. Regulatory Flexibility
This action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (RFA). This action will not impose any requirements on small
entities. The RFA, as amended by the Small Business Regulatory
Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et seq., generally
requires Federal agencies 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. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small entities,
small entity is defined as: (1) A small business defined by the Small
Business Administration's size regulations at 13 CFR part 121; (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. The EPA has determined that this action will not
have a significant economic impact on small entities because the rule
will only have the effect of withdrawing one site
[[Page 29710]]
that had fulfilled its stated purpose when EPA designated the site in
1990.
d. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538, and does
not significantly affect small governments. The action imposes no new
enforceable duty on any state, local or tribal governments or the
private sector.
e. Executive Order 13132: Federalism
This action does not have federalism implications. It does 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 various levels of government.
f. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175, because the withdrawal from EPA regulation of
the Grays Harbor Eight Mile Site will not have a direct effect on
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. Thus, Executive Order
13175 does not apply to this action. Although Executive Order 13175
does not apply to this action, the EPA consulted with tribal officials
in the development of this action, particularly as it relates to
potential impacts to tribal trust resources and tribal operations
within the Quinault Indian Nation's Usual and Accustomed Area. The
Quinault Indian Nation responded to EPA's request for Tribal
Consultation on April 5, 2018, stating this action does not require
government-to-government consultation.
g. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
Section 3. Background, a. History of Disposal Sites near Grays Harbor,
Washington.
h. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
i. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
j. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in Section 5. Statutory
and Executive Order Reviews, f. Executive Order 13175: Consultation and
Coordination with Indian Tribal Governments.
k. Congressional Review Act
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: This action is issued under the authority of Section
102 of the Marine Protection, Research and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.
Dated: May 24, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set out in the preamble, the EPA amends title 40,
chapter I, subchapter H of the Code of Federal Regulations as follows:
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING
0
1. The authority citation for part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
Sec. 228.15 [Amended]
0
2. Section 228.15 is amended by removing and reserving paragraph
(n)(10).
[FR Doc. 2018-13715 Filed 6-25-18; 8:45 am]
BILLING CODE 6560-50-P
