Regulated Navigation Area; St. Louis River/Duluth-Superior Harbor, Duluth, MN, 57378-57381 [2023-18113]
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0368]
RIN 1625–AA11
Regulated Navigation Area; St. Louis
River/Duluth-Superior Harbor, Duluth,
MN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a regulated navigation area
for certain waters of the DuluthSuperior Harbor and the St. Louis River
in Duluth, MN. This action is necessary
to prevent disrupting engineered
remedies that are a part of the St. Louis
River Area of Concern sediment
remediation project. This proposed
rulemaking would prohibit anchoring,
dredging, laying cable, dragging,
seining, bottom fishing, conducting
salvage operations, or any other activity
which could potentially disturb the
riverbed in the designated area unless
authorized by the District Commander
or the Captain of the Port. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before September 22, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0368 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email LT Joseph R.
McGinnis, telephone 218–725–3818,
email DuluthWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
In 2019, the Minnesota Pollution
Control Agency (MPCA) began
discussions with the Coast Guard and
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other stakeholders to explore
establishing Regulated Navigation Areas
for some of the St. Louis River Area of
Concern project sites. The purpose of
these Regulated Navigation Areas is to
prevent disrupting engineered remedies
that are a part of the St. Louis River
Area of Concern sediment remediation
projects from unauthorized human
disturbance at several remedial action
sites containing contaminated sediment.
The Federal Great Lakes Restoration
Initiative funded these remedial actions
under the Great Lakes Legacy Act
provisions in order to improve human
and environmental health by reducing
exposure to contaminated riverbed
sediments via a variety of engineered
methods. To prevent future exposure to
the contained contaminants, the
engineered remedies need protection
from disturbance. In 2022, the
Minnesota Pollution Control Agency
notified the Coast Guard which sites
and areas would be appropriate for
Regulated Navigation Areas. The
Captain of the Port of Duluth (COTP)
has determined that protection of these
remedies will also protect human and
environmental health.
The purpose of this rulemaking is to
ensure the protection of the remedies,
human health, and the environment in
the suggested Regulated Navigation
Areas. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
Coast Guard District Nine is
proposing to establish the Regulated
Navigation Areas in order to mitigate
any potential unforeseen disruption to
the remediated St. Louis River Area of
Concern sites. The Regulated Navigation
Areas would cover these six
remediation sites: Minnesota Slip,
Duluth, MN; Slip 3, Duluth, MN; Slip C,
Duluth, MN; Azcon/Duluth Seaway Port
Authority Grafield Slip C, Duluth, MN;
St. Louis River/Interlake/Duluth Tar,
Duluth, MN; U.S. Steel/Spirit Lake,
Duluth, MN. Specific coordinates are
included in the supplemental regulatory
text. All vessels and persons are
prohibited from activities that would
disturb the integrity of the engineered
remedies designed to address
contaminated sediments at these sites.
Activities may include, but are not
limited to: anchoring, dragging,
spudding, propeller scouring, or
dredging. The regulatory text we are
proposing appears at the end of this
document.
The creation of the Regulated
Navigation Areas will render the need
for established safety zones at two sites
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obsolete, so this rulemaking would also
repeal § 165.905 USX Superfund Site
Safety Zones: St. Louis River and
§ 165.927 Safety Zone; St. Louis River,
Duluth/Interlake Tar Remediation Site,
Duluth, MN.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the necessity to avoid
disrupting these remediated St. Louis
River Area of Concern sites under most
circumstances. Dredging projects for
slips in the impacted areas which may
need to be dredged in the future require
review by state agencies prior to
dredging. Thus, there should be little
disruption and/or plans to resolve any
disturbance to existing remedies prior to
dredging projects.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the
Regulated Navigation Areas may be
small entities, for the reasons stated in
section IV.A above, this proposed rule
would not have a significant economic
impact on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect 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. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
Nothing in this proposed rule will
preempt the rights to hunt, fish, and
gather granted to Indian tribes under the
1854 Treaty with the U.S. If you believe
this proposed rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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E. 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
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 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves all vessels. Normally such
actions are categorically excluded from
further review under paragraph L[60a]
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
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Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0369 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
■
2. Add § 165.945 to read as follows:
§ 165.945 Regulated navigation area; St.
Louis River Area of Concern, Duluth,
Minnesota
(a) Location. The following areas are
a regulated navigation area:
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TABLE 1 TO PARAGRAPH (a)
Regulated area
(Note: all geographic coordinates expressed in term of latitude and longitude datum
are based on WGS 84 coordinates)
Number
Site name
1 .............
Minnesota Slip, Duluth, MN ........................
2 .............
Slip 3, Duluth, MN .......................................
3 .............
Slip C, Duluth, MN ......................................
4 .............
Azcon/Duluth Seaway Port Authority Garfield Slip C, Duluth, MN.
5 .............
St. Louis River/Interlake/Duluth Tar, Duluth,
MN.
6 .............
U.S. Steel/Spirit Lake, Duluth, MN ..............
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The aquatic area within a polygon connected by the following points:
• 46°46′53.4268″ N 092°05′45.2210″ W.
• 46°46′53.1146″ N 092°05′46.1287″ W.
• 46°46′52.1716″ N 092°05′45.4669″ W.
• 46°46′51.8253″ N 092°05′46.6317″ W.
• 46°46′52.1940″ N 092°05′46.7526″ W.
• 46°47′01.7900″ N 092°05′50.8326″ W.
• 46°47′00.8887″ N 092°05′52.4477″ W.
The aquatic area within a polygon connected by the following points:
• 46°46′34.9277″ N 092°06′18.2902″ W.
• 46°46′36.8355″ N 092°06′18.7654″ W.
• 46°46′38.5299″ N 092°06′21.5290″ W.
• 46°46′37.6368″ N 092°06′22.6961″ W.
The aquatic area to the southwest of a line connected by the following points:
• 46°46′22.1579″ N 092°06′31.4489″ W.
• 46°46′21.0546″ N 092°06′27.9639″ W.
The aquatic area within a polygon connected by the following points:
• 46°45′41.9081″ N 092°06′11.5069″ W.
• 46°45′41.7040″ N 092°06′11.5337″ W.
• 46°45′41.2503″ N 092°06′12.6746″ W.
• 46°45′40.8467″ N 092°06′12.3733″ W.
• 46°45′40.3784″ N 092°06′13.6404″ W.
• 46°45′40.1196″ N 092°06′13.7025″ W.
• 46°45′39.3277″ N 092°06′13.0539″ W.
• 46°45′37.0413″ N 092°06′19.3995″ W.
• 46°45′37.8242″ N 092°06′19.9225″ W.
• 46°45′38.2401″ N 092°06′19.8461″ W.
• 46°45′38.7466″ N 092°06′20.2255″ W.
The aquatic area north of a line connected by the following points:
• 46°43′12.8964″ N 092°10′30.7956″ W.
• 46°43′12.1656″ N 092°10′28.1136″ W.
• 46°43′09.3576″ N 092°10′26.0256″ W.
• 46°43′09.2748″ N 092°10′25.9932″ W.
• 46°43′08.8500″ N 092°10′25.6872″ W.
• 46°43′08.8320″ N 092°10′21.8352″ W.
• 46°43′08.0436″ N 092°10′19.5564″ W.
• 46°43′08.4936″ N 092°10′19.0236″ W.
• 46°43′09.3828″ N 092°10′21.4140″ W.
• 46°43′10.1640″ N 092°10′22.0224″ W.
• 46°43′10.8192″ N 092°10′21.6264″ W.
and the aquatic area to the north of a line connected by the following points:
• 46°43′11.9208″ N 092°10′03.2772″ W.
• 46°43′12.1620″ N 092°10′01.6500″ W.
• 46°43′07.6872″ N 092°09′48.3840″ W.
• 46°43′08.1300″ N 092°09′42.4980″ W.
• 46°43′10.2072″ N 092°09′42.4620″ W.
The aquatic area to the west of a line connected by the following points:
• 46°41′38.8208″ N 092°12′12.7736″ W.
• 46°41′39.6166″ N 092°12′08.8750″ W.
• 46°41′39.3879″ N 092°12′05.5895″ W.
• 46°41′39.2250″ N 092°12′04.3468″ W.
• 46°41′39.1231″ N 092°12′02.9108″ W.
• 46°41′38.9452″ N 092°12′01.1111″ W.
• 46°41′38.6133″ N 092°11′59.4509″ W.
• 46°41′38.3046″ N 092°11′57.7306″ W.
• 46°41′37.2472″ N 092°11′53.6615″ W.
• 46°41′36.1915″ N 092°11′49.7903″ W.
• 46°41′34.5164″ N 092°11′45.6293″ W.
• 46°41′33.5446″ N 092°11′43.9431″ W.
• 46°41′30.8242″ N 092°11′43.9684″ W.
• 46°41′30.8278″ N 092°11′39.9806″ W.
• 46°41′29.1156″ N 092°11′38.2350″ W.
• 46°41′27.0671″ N 092°11′37.5149″ W.
• 46°41′25.4408″ N 092°11′36.7605″ W.
• 46°41′25.0347″ N 092°11′36.5722″ W.
• 46°41′22.7528″ N 092°11′36.0788″ W.
• 46°41′20.7010″ N 092°11′35.6137″ W.
• 46°41′19.6484″ N 092°11′35.5431″ W.
• 46°41′19.6484″ N 092°11′35.5431″ W.
• 46°41′18.5660″ N 092°11′35.0700″ W.
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57381
TABLE 1 TO PARAGRAPH (a)—Continued
Number
Regulated area
(Note: all geographic coordinates expressed in term of latitude and longitude datum
are based on WGS 84 coordinates)
Site name
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•
•
•
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•
•
•
•
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(b) Regulations. In addition to the
general Regulated Navigation Area
regulations in §§ 165.10, 165.11, and
165.13:
(1) All vessels and persons are
prohibited from activities that would
disturb the integrity of engineered
remedies designed to address
contaminated sediments at the sites
identified above that are described in
the St. Louis River Area of Concern
Remedial Action Plan. Such activities
may include, but are not limited to:
anchoring, dragging, spudding,
propeller scouring, or dredging.
(2) The prohibitions described in
paragraph (b)(1) of this section shall not
apply to vessels or persons engaged in
activities associated with future
contaminated sediment remediation
projects or other state or federally
approved and permitted construction or
monitoring projects, provided that the
Captain of the Port (COTP), Duluth, is
given advance notice of those activities
by the local, state, or Federal agencies
or by the regulated private entities
conducting those activities.
(3) The prohibitions described in
paragraph (b)(1) of this section shall not
supersede restrictions outlined in
executed Records of Decision for
Superfund sites.
(4) Vessels may otherwise transit or
navigate within this area without
reservation.
(c) Waivers. Upon written request
stating the need for and proposed
conditions of the waiver and any
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46°41′16.5697″
46°41′14.4790″
46°41′12.3306″
46°41′12.7159″
46°41′02.1240″
46°41′01.9943″
46°41′04.0665″
46°41′03.8696″
46°41′02.0724″
46°40′56.9795″
46°40′55.9436″
46°40′53.8981″
46°40′51.2261″
46°40′48.9634″
46°40′46.4928″
46°40′45.2017″
46°40′42.1916″
46°40′38.9992″
46°40′32.6805″
46°40′28.8937″
46°40′27.5301″
46°40′26.6103″
46°40′26.2216″
46°40′25.0613″
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
092°11′34.5434″
092°11′33.9685″
092°11′33.9221″
092°11′44.4501″
092°11′44.4501″
092°11′40.5819″
092°11′39.1344″
092°11′36.2223″
092°11′34.3605″
092°11′32.1366″
092°11′32.3531″
092°11′32.7804″
092°11′33.1191″
092°11′33.1528″
092°11′32.8907″
092°11′32.5057″
092°11′38.3025″
092°11′44.4501″
092°11′44.4595″
092°11′44.7158″
092°11′46.0856″
092°11′47.3902″
092°11′48.4650″
092°11′51.2108″
proposed precautionary measures, the
Captain of the Port (COTP) Duluth may,
in consultation with local, state, and
Federal agencies or regulated private
entities, authorize a waiver from this
section if the COTP determines that
activity for which the waiver is sought
can take place without undue risk to
environmental remediation
construction, monitoring, and
maintenance. Requests for waivers
should be submitted in writing to
Commander, U.S. Coast Guard Marine
Safety Unit, Duluth, 515 West First
Street, Room 145, Duluth, MN 55802 to
facilitate review by the U.S. Coast
Guard.
(d) Penalties. Those who violate this
section are subject to the penalties set
forth in 46 U.S.C. 70036.
(e) Enforcement period. This
Regulated Navigation Area’s
requirements are enforceable 24 hours a
day as long as this Regulated Navigation
Area is in place.
(f) Contact information. If you observe
violations of the regulations in this
section, you may notify the COTP by
email, at DuluthWWM@uscg.mil, or by
phone, 218–725–3818.
Dated: August 17, 2023.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2023–18113 Filed 8–22–23; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2020–0430; FRL–7522–05–
OAR]
RIN 2060–AU63
National Emission Standards for
Hazardous Air Pollutants: Primary
Copper Smelting; Extension of
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Supplemental notice of
proposed rulemaking; extension of
public comment period.
AGENCY:
On July 24, 2023, the U.S.
Environmental Protection Agency (EPA)
published a supplemental proposed rule
titled ‘‘National Emission Standards for
Hazardous Air Pollutants: Primary
Copper Smelting.’’ The EPA is
extending the comment period on this
proposed rule that currently closes on
September 7, 2023, by 15 days. The
comment period will now remain open
until September 22, 2023, to allow
additional time for Tribal Nations and
stakeholders to review and comment on
the proposal.
DATES: The public comment period for
the proposed rule published in the
Federal Register on July 24, 2023 (88 FR
47415), originally ending September 7,
2023, is being extended by 15 days.
Written comments must now be
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57378-57381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18113]
[[Page 57378]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0368]
RIN 1625-AA11
Regulated Navigation Area; St. Louis River/Duluth-Superior
Harbor, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a regulated
navigation area for certain waters of the Duluth-Superior Harbor and
the St. Louis River in Duluth, MN. This action is necessary to prevent
disrupting engineered remedies that are a part of the St. Louis River
Area of Concern sediment remediation project. This proposed rulemaking
would prohibit anchoring, dredging, laying cable, dragging, seining,
bottom fishing, conducting salvage operations, or any other activity
which could potentially disturb the riverbed in the designated area
unless authorized by the District Commander or the Captain of the Port.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0368 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Joseph R. McGinnis, telephone
218-725-3818, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
In 2019, the Minnesota Pollution Control Agency (MPCA) began
discussions with the Coast Guard and other stakeholders to explore
establishing Regulated Navigation Areas for some of the St. Louis River
Area of Concern project sites. The purpose of these Regulated
Navigation Areas is to prevent disrupting engineered remedies that are
a part of the St. Louis River Area of Concern sediment remediation
projects from unauthorized human disturbance at several remedial action
sites containing contaminated sediment. The Federal Great Lakes
Restoration Initiative funded these remedial actions under the Great
Lakes Legacy Act provisions in order to improve human and environmental
health by reducing exposure to contaminated riverbed sediments via a
variety of engineered methods. To prevent future exposure to the
contained contaminants, the engineered remedies need protection from
disturbance. In 2022, the Minnesota Pollution Control Agency notified
the Coast Guard which sites and areas would be appropriate for
Regulated Navigation Areas. The Captain of the Port of Duluth (COTP)
has determined that protection of these remedies will also protect
human and environmental health.
The purpose of this rulemaking is to ensure the protection of the
remedies, human health, and the environment in the suggested Regulated
Navigation Areas. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
Coast Guard District Nine is proposing to establish the Regulated
Navigation Areas in order to mitigate any potential unforeseen
disruption to the remediated St. Louis River Area of Concern sites. The
Regulated Navigation Areas would cover these six remediation sites:
Minnesota Slip, Duluth, MN; Slip 3, Duluth, MN; Slip C, Duluth, MN;
Azcon/Duluth Seaway Port Authority Grafield Slip C, Duluth, MN; St.
Louis River/Interlake/Duluth Tar, Duluth, MN; U.S. Steel/Spirit Lake,
Duluth, MN. Specific coordinates are included in the supplemental
regulatory text. All vessels and persons are prohibited from activities
that would disturb the integrity of the engineered remedies designed to
address contaminated sediments at these sites. Activities may include,
but are not limited to: anchoring, dragging, spudding, propeller
scouring, or dredging. The regulatory text we are proposing appears at
the end of this document.
The creation of the Regulated Navigation Areas will render the need
for established safety zones at two sites obsolete, so this rulemaking
would also repeal Sec. 165.905 USX Superfund Site Safety Zones: St.
Louis River and Sec. 165.927 Safety Zone; St. Louis River, Duluth/
Interlake Tar Remediation Site, Duluth, MN.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the necessity to
avoid disrupting these remediated St. Louis River Area of Concern sites
under most circumstances. Dredging projects for slips in the impacted
areas which may need to be dredged in the future require review by
state agencies prior to dredging. Thus, there should be little
disruption and/or plans to resolve any disturbance to existing remedies
prior to dredging projects.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
Regulated Navigation Areas may be small entities, for the reasons
stated in section IV.A above, this proposed rule would not have a
significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have
[[Page 57379]]
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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.
Nothing in this proposed rule will preempt the rights to hunt, fish,
and gather granted to Indian tribes under the 1854 Treaty with the U.S.
If you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves all
vessels. Normally such actions are categorically excluded from further
review under paragraph L[60a] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0369 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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: 46 U.S.C. 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.945 to read as follows:
Sec. 165.945 Regulated navigation area; St. Louis River Area of
Concern, Duluth, Minnesota
(a) Location. The following areas are a regulated navigation area:
[[Page 57380]]
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
Regulated area (Note: all geographic
coordinates expressed in term of latitude
Number Site name and longitude datum are based on WGS 84
coordinates)
----------------------------------------------------------------------------------------------------------------
1....................................... Minnesota Slip, Duluth, MN. The aquatic area within a polygon
connected by the following points:
46[deg]46'53.4268'' N
092[deg]05'45.2210'' W.
46[deg]46'53.1146'' N
092[deg]05'46.1287'' W.
46[deg]46'52.1716'' N
092[deg]05'45.4669'' W.
46[deg]46'51.8253'' N
092[deg]05'46.6317'' W.
46[deg]46'52.1940'' N
092[deg]05'46.7526'' W.
46[deg]47'01.7900'' N
092[deg]05'50.8326'' W.
46[deg]47'00.8887'' N
092[deg]05'52.4477'' W.
2....................................... Slip 3, Duluth, MN......... The aquatic area within a polygon
connected by the following points:
46[deg]46'34.9277'' N
092[deg]06'18.2902'' W.
46[deg]46'36.8355'' N
092[deg]06'18.7654'' W.
46[deg]46'38.5299'' N
092[deg]06'21.5290'' W.
46[deg]46'37.6368'' N
092[deg]06'22.6961'' W.
3....................................... Slip C, Duluth, MN......... The aquatic area to the southwest of a
line connected by the following points:
46[deg]46'22.1579'' N
092[deg]06'31.4489'' W.
46[deg]46'21.0546'' N
092[deg]06'27.9639'' W.
4....................................... Azcon/Duluth Seaway Port The aquatic area within a polygon
Authority Garfield Slip C, connected by the following points:
Duluth, MN. 46[deg]45'41.9081'' N
092[deg]06'11.5069'' W.
46[deg]45'41.7040'' N
092[deg]06'11.5337'' W.
46[deg]45'41.2503'' N
092[deg]06'12.6746'' W.
46[deg]45'40.8467'' N
092[deg]06'12.3733'' W.
46[deg]45'40.3784'' N
092[deg]06'13.6404'' W.
46[deg]45'40.1196'' N
092[deg]06'13.7025'' W.
46[deg]45'39.3277'' N
092[deg]06'13.0539'' W.
46[deg]45'37.0413'' N
092[deg]06'19.3995'' W.
46[deg]45'37.8242'' N
092[deg]06'19.9225'' W.
46[deg]45'38.2401'' N
092[deg]06'19.8461'' W.
46[deg]45'38.7466'' N
092[deg]06'20.2255'' W.
5....................................... St. Louis River/Interlake/ The aquatic area north of a line
Duluth Tar, Duluth, MN. connected by the following points:
46[deg]43'12.8964'' N
092[deg]10'30.7956'' W.
46[deg]43'12.1656'' N
092[deg]10'28.1136'' W.
46[deg]43'09.3576'' N
092[deg]10'26.0256'' W.
46[deg]43'09.2748'' N
092[deg]10'25.9932'' W.
46[deg]43'08.8500'' N
092[deg]10'25.6872'' W.
46[deg]43'08.8320'' N
092[deg]10'21.8352'' W.
46[deg]43'08.0436'' N
092[deg]10'19.5564'' W.
46[deg]43'08.4936'' N
092[deg]10'19.0236'' W.
46[deg]43'09.3828'' N
092[deg]10'21.4140'' W.
46[deg]43'10.1640'' N
092[deg]10'22.0224'' W.
46[deg]43'10.8192'' N
092[deg]10'21.6264'' W.
and the aquatic area to the north of a
line connected by the following
points:
46[deg]43'11.9208'' N
092[deg]10'03.2772'' W.
46[deg]43'12.1620'' N
092[deg]10'01.6500'' W.
46[deg]43'07.6872'' N
092[deg]09'48.3840'' W.
46[deg]43'08.1300'' N
092[deg]09'42.4980'' W.
46[deg]43'10.2072'' N
092[deg]09'42.4620'' W.
6....................................... U.S. Steel/Spirit Lake, The aquatic area to the west of a line
Duluth, MN. connected by the following points:
46[deg]41'38.8208'' N
092[deg]12'12.7736'' W.
46[deg]41'39.6166'' N
092[deg]12'08.8750'' W.
46[deg]41'39.3879'' N
092[deg]12'05.5895'' W.
46[deg]41'39.2250'' N
092[deg]12'04.3468'' W.
46[deg]41'39.1231'' N
092[deg]12'02.9108'' W.
46[deg]41'38.9452'' N
092[deg]12'01.1111'' W.
46[deg]41'38.6133'' N
092[deg]11'59.4509'' W.
46[deg]41'38.3046'' N
092[deg]11'57.7306'' W.
46[deg]41'37.2472'' N
092[deg]11'53.6615'' W.
46[deg]41'36.1915'' N
092[deg]11'49.7903'' W.
46[deg]41'34.5164'' N
092[deg]11'45.6293'' W.
46[deg]41'33.5446'' N
092[deg]11'43.9431'' W.
46[deg]41'30.8242'' N
092[deg]11'43.9684'' W.
46[deg]41'30.8278'' N
092[deg]11'39.9806'' W.
46[deg]41'29.1156'' N
092[deg]11'38.2350'' W.
46[deg]41'27.0671'' N
092[deg]11'37.5149'' W.
46[deg]41'25.4408'' N
092[deg]11'36.7605'' W.
46[deg]41'25.0347'' N
092[deg]11'36.5722'' W.
46[deg]41'22.7528'' N
092[deg]11'36.0788'' W.
46[deg]41'20.7010'' N
092[deg]11'35.6137'' W.
46[deg]41'19.6484'' N
092[deg]11'35.5431'' W.
46[deg]41'19.6484'' N
092[deg]11'35.5431'' W.
46[deg]41'18.5660'' N
092[deg]11'35.0700'' W.
[[Page 57381]]
46[deg]41'16.5697'' N
092[deg]11'34.5434'' W.
46[deg]41'14.4790'' N
092[deg]11'33.9685'' W.
46[deg]41'12.3306'' N
092[deg]11'33.9221'' W.
46[deg]41'12.7159'' N
092[deg]11'44.4501'' W.
46[deg]41'02.1240'' N
092[deg]11'44.4501'' W.
46[deg]41'01.9943'' N
092[deg]11'40.5819'' W.
46[deg]41'04.0665'' N
092[deg]11'39.1344'' W.
46[deg]41'03.8696'' N
092[deg]11'36.2223'' W.
46[deg]41'02.0724'' N
092[deg]11'34.3605'' W.
46[deg]40'56.9795'' N
092[deg]11'32.1366'' W.
46[deg]40'55.9436'' N
092[deg]11'32.3531'' W.
46[deg]40'53.8981'' N
092[deg]11'32.7804'' W.
46[deg]40'51.2261'' N
092[deg]11'33.1191'' W.
46[deg]40'48.9634'' N
092[deg]11'33.1528'' W.
46[deg]40'46.4928'' N
092[deg]11'32.8907'' W.
46[deg]40'45.2017'' N
092[deg]11'32.5057'' W.
46[deg]40'42.1916'' N
092[deg]11'38.3025'' W.
46[deg]40'38.9992'' N
092[deg]11'44.4501'' W.
46[deg]40'32.6805'' N
092[deg]11'44.4595'' W.
46[deg]40'28.8937'' N
092[deg]11'44.7158'' W.
46[deg]40'27.5301'' N
092[deg]11'46.0856'' W.
46[deg]40'26.6103'' N
092[deg]11'47.3902'' W.
46[deg]40'26.2216'' N
092[deg]11'48.4650'' W.
46[deg]40'25.0613'' N
092[deg]11'51.2108'' W.
----------------------------------------------------------------------------------------------------------------
(b) Regulations. In addition to the general Regulated Navigation
Area regulations in Sec. Sec. 165.10, 165.11, and 165.13:
(1) All vessels and persons are prohibited from activities that
would disturb the integrity of engineered remedies designed to address
contaminated sediments at the sites identified above that are described
in the St. Louis River Area of Concern Remedial Action Plan. Such
activities may include, but are not limited to: anchoring, dragging,
spudding, propeller scouring, or dredging.
(2) The prohibitions described in paragraph (b)(1) of this section
shall not apply to vessels or persons engaged in activities associated
with future contaminated sediment remediation projects or other state
or federally approved and permitted construction or monitoring
projects, provided that the Captain of the Port (COTP), Duluth, is
given advance notice of those activities by the local, state, or
Federal agencies or by the regulated private entities conducting those
activities.
(3) The prohibitions described in paragraph (b)(1) of this section
shall not supersede restrictions outlined in executed Records of
Decision for Superfund sites.
(4) Vessels may otherwise transit or navigate within this area
without reservation.
(c) Waivers. Upon written request stating the need for and proposed
conditions of the waiver and any proposed precautionary measures, the
Captain of the Port (COTP) Duluth may, in consultation with local,
state, and Federal agencies or regulated private entities, authorize a
waiver from this section if the COTP determines that activity for which
the waiver is sought can take place without undue risk to environmental
remediation construction, monitoring, and maintenance. Requests for
waivers should be submitted in writing to Commander, U.S. Coast Guard
Marine Safety Unit, Duluth, 515 West First Street, Room 145, Duluth, MN
55802 to facilitate review by the U.S. Coast Guard.
(d) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
(e) Enforcement period. This Regulated Navigation Area's
requirements are enforceable 24 hours a day as long as this Regulated
Navigation Area is in place.
(f) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP by email, at
[email protected], or by phone, 218-725-3818.
Dated: August 17, 2023.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-18113 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P
