Regulated Navigation Area; St. Louis River/Duluth-Superior Harbor, Duluth, MN, 16455-16460 [2024-04841]
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
Sabine River, extending the entire width
of the river, adjacent to the public boat
ramp located in Orange, TX, bounded
on the north by the Orange Municipal
Wharf at latitude 30°05′50″ N and to the
south at latitude 30°05′33″ N.
(b) Effective period. This section is
effective from 10 a.m. on March 15,
2024, through 6 p.m. on March 16, 2024.
(c) Enforcement periods. This section
will be enforced from 10 a.m. through
6 p.m. daily. Breaks in the racing will
occur during the enforcement periods,
which will allow for vessels to pass
through the safety zone. The Captain of
the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative
will provide notice of enforcement
appropriate per paragraph (e) of this
section.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into this zone
is prohibited unless authorized by the
COTP or a designated representative.
The COTP or their designated
representative may be contacted on
VHF–FM channel 13 or 16, or by phone
at by telephone at 409–719–5070. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Patrol Commander may be
contacted on Channel 16 VHF–FM
(156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators or spectator
vessels. The ‘‘official patrol vessels’’
consist of any Coast Guard, state, or
local law enforcement and sponsor
provided vessels assigned or approved
by the COTP or a designated
representative to patrol the regulated
area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with approval from the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
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the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: February 29, 2024.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Unit Port Arthur.
[FR Doc. 2024–04872 Filed 3–6–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0368]
RIN 1625–AA11
16455
anchoring, spudding, dredging,
dragging, 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 interim rulemaking.
DATES: This interim rule is effective
April 8, 2024. Comments and related
material must be received by the Coast
Guard on or before May 6, 2024.
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: For
information about this document call or
email LT Joseph McGinnis, Coast Guard;
telephone 218–725–3818, email MSU
DuluthWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
IV. Discussion of Comments and Changes
V. Discussion of the Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
VII. Public Participation and Request for
Comments
I. Abbreviations
Regulated Navigation Area; St. Louis
River/Duluth-Superior Harbor, Duluth,
MN
Coast Guard, DHS.
Interim rule; request for
comments.
AGENCY:
ACTION:
The Department of Homeland
Security, United States Coast Guard, is
establishing 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 disruption of an engineered
sediment remediation project within
one of the Great Lakes designated Areas
of Concern (AOC); the St. Louis River.
This interim rulemaking prohibits
SUMMARY:
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AOC Area of Concern
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
§ Section
U.S.C. United States Code
II. Basis and Purpose, and Background
The purpose of this rulemaking is to
ensure the protection of the remedies,
human health, and the environment in
the Duluth Harbor. The Coast Guard is
publishing this interim rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
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In 2019, the Minnesota Pollution
Control Agency (MPCA) began
discussions with the Coast Guard and
other stakeholders to explore
establishing Regulated Navigation Areas
(RNAs) for some of the project sites
within the St. Louis River Area of
Concern (AOC) to prevent disrupting
engineered remedies from consequential
human caused disturbance at specific
remedial action sites that contain
known contaminated sediment. The
Federal Great Lakes Restoration
Initiative funded these remedial actions
under the Great Lakes Legacy Act
provisions in order to mitigate risks to
human and environmental health by
reducing exposure to contaminated
riverbed sediments. To prevent future
exposure to the contained contaminants,
the engineered remedies must be
protected from disturbance. In 2022, the
MPCA notified the Coast Guard of the
sites and areas that would be
appropriate for an RNA. The Captain of
the Port (COTP) of Duluth has
determined that protection of these
remedies is appropriate and necessary
to protect human and environmental
health.
A Notice of Proposed Rulemaking
(NPRM) was published on August 23,
2023. 88 FR 57378. The Coast Guard
distributed the NPRM through the
Harbor Technical Advisory Council and
sent emails to local stakeholders. Seven
responses were received during the
comment period. These comments, our
responses to them, and the changes that
have been made to the proposed rule are
discussed in further detail below.
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III. Discussion of Comments and
Changes to the Proposed Rule
The Coast Guard received seven
comments in response to the NPRM.
One comment was in full support of the
proposed rule, while the other six
brought forward a number of
stakeholder concerns.
The primary request shared by most
commenters is that the Coast Guard
should withdraw the proposed rule and
engage with affected parties before
moving forward. The Coast Guard
acknowledges these concerns but will
not be withdrawing this rulemaking.
Our priority in this matter is the
protection of the engineered remedies
that are a part of the St. Louis River
AOC sediment remediation project and
withdrawing this rule would leave them
vulnerable to disturbance. In
recognition of these concerns, the Coast
Guard will continue to accept public
comments on this RNA. We encourage
stakeholders to provide the Coast Guard
with more information on the impact of
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the RNA on operations in the Duluth
Superior Harbor.
One commenter recommended that
the Coast Guard remove propeller
scouring from the list of prohibited
activities within the RNA. We agree
with this commenter and have removed
propeller scouring from the list of
prohibited activities to mitigate the
impact of the RNA on port operations.
The engineered remedies of the
sediment cap are designed to protect
against disturbances caused by normal
propeller scouring.
One commenter argued that this rule
is premature because there are
continuing remediation efforts in
Minnesota and Wisconsin waters that
may also require protection. We
disagree with this comment. The Coast
Guard’s priority in this matter is
preventing any disturbance of the
remediation project that protects the
environment from contaminated
sediments. Our mission of
environmental protection is best served
by the immediate protection of these
remedies. The protection of other
remediation projects can be addressed
in a separate rulemaking or by revising
the geographical boundary of this rule.
Another commenter alleged that this
rule is vague and not implementable
because it fails to specify what entities
must be consulted in order for the COTP
to grant a waiver. We disagree with this
comment. The COTP has the authority
to grant a waiver and may consult with
private, state, and Federal entities to
assist in making a decision. This
language gives the COTP sufficient time
to review and act in accordance with the
Ports and Waterways Safety Act.
Some commenters requested that the
Cost Guard modify the waiver process
for this RNA to include a timeline for
a decision and an appeal process. The
Coast Guard declines to impose a COTP
response deadline. However, we have
incorporated into this regulation a
requirement for these waivers to be
submitted 120 days prior to operation in
order to give sufficient time for adequate
review. The appeals process is
addressed in 33 CFR 160.7.
One commenter recommended the
addition of language that would exclude
recreational anglers from the limitations
imposed by the RNA. The Coast Guard
disagrees with this recommendation.
Anchoring in the RNA is an
environmental risk, regardless of the
type of vessel. Fishing without
anchoring or disturbance of any bottom
substrate is authorized within the RNA.
One commenter asked that we
provide a specific exemption for cruise
ship traffic. The Coast Guard declines to
exempt cruise ship traffic from the
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requirements of the RNA as doing so
would jeopardize the engineered
remedies, and therefore place the
environmental health of the harbor at
risk. That being said, it is our intention
to mitigate the impact of this RNA on
the growing cruise ship sector and we
encourage stakeholders to provide more
information during the comment period
for this interim rule.
One commenter took issue with the
way the proposed rule described the
relationship between Indian tribes and
the U.S. Government. We made the
recommended changes to address this in
section VI.J. below.
The notable changes between this
interim rule and the proposed rule is the
exclusion of propeller scouring from the
list of prohibited activities, a waiver
submission timeline, and the addition of
an exemption for emergency
circumstances out of the control of the
vessel and operator.
V. Discussion of the Rule
Coast Guard District Nine is
establishing the RNA in order to prevent
any potential disruption to the
remediated St. Louis River AOC sites.
The RNA will 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 unless receiving
approval from the COTP through the
waiver process or in emergency
situations. Activities may include, but
are not limited to: anchoring, dragging,
spudding, or dredging. The creation of
this RNA will render the need for
established safety zones at two sites
obsolete, so this rulemaking also repeals
§ 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.
VI. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or Executive
orders.
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A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget.
B. Small Entities
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Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
While some owners or operators of
vessels intending to transit the RNA
may be small entities, for the reasons
stated in section IV.A above, this
interim 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 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. Therefore, the
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
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participate in the rulemaking. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3520.
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on 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 rule under Executive
Order 13132 and have determined that
it is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132. Our analysis follows.
It is well settled that States may not
regulate in categories reserved for
regulation by the Coast Guard. It is also
well settled that all of the categories
covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction,
alteration, repair, maintenance,
operation, equipping, personnel
qualification, and manning of vessels),
as well as the reporting of casualties and
any other category in which Congress
intended the Coast Guard to be the sole
source of a vessel’s obligations, are
within the field foreclosed from
regulation by the States. See the
Supreme Court’s decision in United
States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (2000).
Therefore, because the States may not
regulate within these categories, this
rule is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
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the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, Executive Order
13132 specifically directs agencies to
consult with State and local
governments during the rulemaking
process. If you believe this rule has
implications for federalism under
Executive Order 13132, please call or
email the person listed in the FOR
FURTHER INFORMATION CONTACT section of
this preamble.
F. Unfunded Mandates
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. Although this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988 (Civil Justice Reform) to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under
Executive Order 13045 (Protection of
Children from Environmental Health
Risks and Safety Risks). This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it will 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
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rights to hunt, fish, and gather retained
by Indian tribes under either the 1842
or 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.
K. Energy Effects
We have analyzed this rule under
Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management 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 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. For instructions on
locating the docket, see the ADDRESSES
section of this preamble. This rule is
categorically excluded 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 interim rule.
VII. Public Participation and Request
for Comments
The Coast Guard views public
participation as essential to effective
rulemaking, and will consider all
comments and material received on this
interim rule 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 interim rule,
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–2023–0368 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 interim
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 inrweim 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).
Public meeting. We are not planning
to hold a public meeting but will
consider doing so if we determine from
public comments that a meeting would
be helpful. We would issue a separate
Federal Register notice to announce the
date, time, and location of such a
meeting. For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section of this notice.
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 amends 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 Subpart F 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 § 165.945
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 ...........................................
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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
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TABLE 1 TO § 165.945—Continued
Regulated area
(Note: all geographic coordinates expressed in term of latitude and
longitude datum are based on WGS 84 coordinates)
Number
Site name
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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• 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
• 46°41′16.5697″ N 092°11′34.5434″ W
• 46°41′14.4790″ N 092°11′33.9685″ W
• 46°41′12.3306″ N 092°11′33.9221″ W
• 46°41′12.7159″ N 092°11′44.4501″ W
• 46°41′02.1240″ N 092°11′44.4501″ W
Fmt 4700
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E:\FR\FM\07MRR1.SGM
07MRR1
16460
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
TABLE 1 TO § 165.945—Continued
Number
Regulated area
(Note: all geographic coordinates expressed in term of latitude and
longitude datum are based on WGS 84 coordinates)
Site name
khammond on DSKJM1Z7X2PROD with RULES
•
•
•
•
•
•
•
•
•
•
•
•
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•
(b) Regulations. In addition to the
general Regulated Navigation Area
regulations in Subpart B of this Section,
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,
and further described in the St. Louis
River Area of Concern Remedial Action
Plan. Such activities may include, but
are not limited to anchoring, dragging,
spudding, or dredging. The prohibitions
in this section shall not supersede
restrictions outlined in executed
Records of Decision for Superfund sites.
(c) Exemptions.
(1) Public vessels operating in an
official capacity. Public vessels are
defined as any vessel owned or operated
by the United States or by the State or
local government.
(2) Any vessel in an emergency
situation may deviate from this
regulation to the extent necessary to
avoid endangering the safety of persons,
the environment, and/or property. If
deviation occurs, the master or designee
shall inform the Coast Guard as soon as
it is safe and practicable to do so.
(d) Waivers. The Captain of the Port
Duluth may, in consultation with local,
state, and Federal agencies or regulated
private entities, authorize a waiver from
this section if it is determined that
activity can be performed without
undue risk to environmental
remediation construction, monitoring,
and maintenance. Requests for waivers
should be submitted in writing and at
least 120 days prior to the proposed
operations to Commander, U.S. Coast
Guard Marine Safety Unit, Duluth, 515
West First Street, Room 145, Duluth,
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
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
MN 55802 to facilitate review by the
U.S. Coast Guard.
(e) Penalties. Vessel or persons that
violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
(f) Enforcement period. This
Regulated Navigation Area is in effect
permanently and can be enforced at any
time.
(g) Contact information. If you
observe violations of the regulations in
this section, you may notify the COTP
by email, at MSUDuluthWWM@
uscg.mil, or by phone, 218–725–3818.
Dated: February 28, 2024.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2024–04841 Filed 3–6–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0691; FRL–11644–
02–R4]
Air Plan Approval; KY; 2015 8-Hour
Ozone Nonattainment New Source
Review Permit Program Requirements
and Rule Revision for Jefferson
County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Jefferson County portion of the
Kentucky State Implementation Plan
SUMMARY:
PO 00000
Frm 00016
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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″
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
(SIP) submitted by the Commonwealth
of Kentucky through the Kentucky
Energy and Environment Cabinet
(Cabinet) on June 13, 2022. The changes
were submitted by the Cabinet on behalf
of the Louisville Metro Air Pollution
Control District (District, also referred to
herein as Jefferson County). EPA is
approving changes to the District’s rules
on the construction or modification of
major stationary sources that are located
within nonattainment areas or that have
emissions impacting nonattainment
areas. EPA also is approving the
certification submitted by Kentucky on
behalf of the District that the new
version of the Nonattainment New
Source Review (NNSR) permitting
regulations for incorporation into the
Jefferson County portion of the
Kentucky SIP meets the NNSR
nonattainment planning requirements
for the 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The certification covers the
Jefferson County portion of the
Louisville, Kentucky-Indiana multi-state
nonattainment area for the 2015 8-hour
ozone NAAQS. This action is pursuant
to the Clean Air Act (CAA or Act) and
its implementing regulations.
DATES: This rule is effective April 8,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0691. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
E:\FR\FM\07MRR1.SGM
07MRR1
]]>Agencies
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Rules and Regulations]
[Pages 16455-16460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04841]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0368]
RIN 1625-AA11
Regulated Navigation Area; St. Louis River/Duluth-Superior
Harbor, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Interim rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security, United States Coast
Guard, is establishing 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 disruption of an engineered
sediment remediation project within one of the Great Lakes designated
Areas of Concern (AOC); the St. Louis River. This interim rulemaking
prohibits anchoring, spudding, dredging, dragging, 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 interim rulemaking.
DATES: This interim rule is effective April 8, 2024. Comments and
related material must be received by the Coast Guard on or before May
6, 2024.
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: For information about this document
call or email LT Joseph McGinnis, Coast Guard; telephone 218-725-3818,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
IV. Discussion of Comments and Changes
V. Discussion of the Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
VII. Public Participation and Request for Comments
I. Abbreviations
AOC Area of Concern
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Basis and Purpose, and Background
The purpose of this rulemaking is to ensure the protection of the
remedies, human health, and the environment in the Duluth Harbor. The
Coast Guard is publishing this interim rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
[[Page 16456]]
In 2019, the Minnesota Pollution Control Agency (MPCA) began
discussions with the Coast Guard and other stakeholders to explore
establishing Regulated Navigation Areas (RNAs) for some of the project
sites within the St. Louis River Area of Concern (AOC) to prevent
disrupting engineered remedies from consequential human caused
disturbance at specific remedial action sites that contain known
contaminated sediment. The Federal Great Lakes Restoration Initiative
funded these remedial actions under the Great Lakes Legacy Act
provisions in order to mitigate risks to human and environmental health
by reducing exposure to contaminated riverbed sediments. To prevent
future exposure to the contained contaminants, the engineered remedies
must be protected from disturbance. In 2022, the MPCA notified the
Coast Guard of the sites and areas that would be appropriate for an
RNA. The Captain of the Port (COTP) of Duluth has determined that
protection of these remedies is appropriate and necessary to protect
human and environmental health.
A Notice of Proposed Rulemaking (NPRM) was published on August 23,
2023. 88 FR 57378. The Coast Guard distributed the NPRM through the
Harbor Technical Advisory Council and sent emails to local
stakeholders. Seven responses were received during the comment period.
These comments, our responses to them, and the changes that have been
made to the proposed rule are discussed in further detail below.
III. Discussion of Comments and Changes to the Proposed Rule
The Coast Guard received seven comments in response to the NPRM.
One comment was in full support of the proposed rule, while the other
six brought forward a number of stakeholder concerns.
The primary request shared by most commenters is that the Coast
Guard should withdraw the proposed rule and engage with affected
parties before moving forward. The Coast Guard acknowledges these
concerns but will not be withdrawing this rulemaking. Our priority in
this matter is the protection of the engineered remedies that are a
part of the St. Louis River AOC sediment remediation project and
withdrawing this rule would leave them vulnerable to disturbance. In
recognition of these concerns, the Coast Guard will continue to accept
public comments on this RNA. We encourage stakeholders to provide the
Coast Guard with more information on the impact of the RNA on
operations in the Duluth Superior Harbor.
One commenter recommended that the Coast Guard remove propeller
scouring from the list of prohibited activities within the RNA. We
agree with this commenter and have removed propeller scouring from the
list of prohibited activities to mitigate the impact of the RNA on port
operations. The engineered remedies of the sediment cap are designed to
protect against disturbances caused by normal propeller scouring.
One commenter argued that this rule is premature because there are
continuing remediation efforts in Minnesota and Wisconsin waters that
may also require protection. We disagree with this comment. The Coast
Guard's priority in this matter is preventing any disturbance of the
remediation project that protects the environment from contaminated
sediments. Our mission of environmental protection is best served by
the immediate protection of these remedies. The protection of other
remediation projects can be addressed in a separate rulemaking or by
revising the geographical boundary of this rule.
Another commenter alleged that this rule is vague and not
implementable because it fails to specify what entities must be
consulted in order for the COTP to grant a waiver. We disagree with
this comment. The COTP has the authority to grant a waiver and may
consult with private, state, and Federal entities to assist in making a
decision. This language gives the COTP sufficient time to review and
act in accordance with the Ports and Waterways Safety Act.
Some commenters requested that the Cost Guard modify the waiver
process for this RNA to include a timeline for a decision and an appeal
process. The Coast Guard declines to impose a COTP response deadline.
However, we have incorporated into this regulation a requirement for
these waivers to be submitted 120 days prior to operation in order to
give sufficient time for adequate review. The appeals process is
addressed in 33 CFR 160.7.
One commenter recommended the addition of language that would
exclude recreational anglers from the limitations imposed by the RNA.
The Coast Guard disagrees with this recommendation. Anchoring in the
RNA is an environmental risk, regardless of the type of vessel. Fishing
without anchoring or disturbance of any bottom substrate is authorized
within the RNA.
One commenter asked that we provide a specific exemption for cruise
ship traffic. The Coast Guard declines to exempt cruise ship traffic
from the requirements of the RNA as doing so would jeopardize the
engineered remedies, and therefore place the environmental health of
the harbor at risk. That being said, it is our intention to mitigate
the impact of this RNA on the growing cruise ship sector and we
encourage stakeholders to provide more information during the comment
period for this interim rule.
One commenter took issue with the way the proposed rule described
the relationship between Indian tribes and the U.S. Government. We made
the recommended changes to address this in section VI.J. below.
The notable changes between this interim rule and the proposed rule
is the exclusion of propeller scouring from the list of prohibited
activities, a waiver submission timeline, and the addition of an
exemption for emergency circumstances out of the control of the vessel
and operator.
V. Discussion of the Rule
Coast Guard District Nine is establishing the RNA in order to
prevent any potential disruption to the remediated St. Louis River AOC
sites. The RNA will 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 unless receiving approval from
the COTP through the waiver process or in emergency situations.
Activities may include, but are not limited to: anchoring, dragging,
spudding, or dredging. The creation of this RNA will render the need
for established safety zones at two sites obsolete, so this rulemaking
also repeals 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.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
[[Page 16457]]
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, this rule has not been reviewed by the
Office of Management and Budget.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section IV.A
above, this interim 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 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. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. See the Supreme Court's decision in United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). Therefore,
because the States may not regulate within these categories, this rule
is consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this rule has implications for
federalism under Executive Order 13132, please call or email the person
listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.
F. Unfunded Mandates
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. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform) to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will 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
[[Page 16458]]
rights to hunt, fish, and gather retained by Indian tribes under either
the 1842 or 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.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management 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 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. For instructions on locating the docket, see the
ADDRESSES section of this preamble. This rule is categorically excluded
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
interim rule.
VII. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received on this interim rule 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 interim rule, 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-2023-0368 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
interim 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 inrweim 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).
Public meeting. We are not planning to hold a public meeting but
will consider doing so if we determine from public comments that a
meeting would be helpful. We would issue a separate Federal Register
notice to announce the date, time, and location of such a meeting. For
information on facilities or services for individuals with disabilities
or to request special assistance at the public meeting, call or email
the person listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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 Subpart F 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:
Table 1 to Sec. 165.945
------------------------------------------------------------------------
Regulated area (Note:
all geographic
coordinates expressed
Number Site name in term of latitude
and longitude datum
are based on WGS 84
coordinates)
------------------------------------------------------------------------
1............................. Minnesota Slip, The aquatic area
Duluth, MN. within a polygon
connected by the
following points:
46[deg]46'53.4268
'' N
092[deg]05'45.221
0'' W
46[deg]46'53.1146
'' N
092[deg]05'46.128
7'' W
46[deg]46'52.1716
'' N
092[deg]05'45.466
9'' W
46[deg]46'51.8253
'' N
092[deg]05'46.631
7'' W
46[deg]46'52.1940
'' N
092[deg]05'46.752
6'' W
46[deg]47'01.7900
'' N
092[deg]05'50.832
6'' W
[[Page 16459]]
46[deg]47'00.8887
'' N
092[deg]05'52.447
7'' W
2............................. Slip 3, Duluth, The aquatic area
MN. within a polygon
connected by the
following points:
46[deg]46'34.9277
'' N
092[deg]06'18.290
2'' W
46[deg]46'36.8355
'' N
092[deg]06'18.765
4'' W
46[deg]46'38.5299
'' N
092[deg]06'21.529
0'' W
46[deg]46'37.6368
'' N
092[deg]06'22.696
1'' W
3............................. Slip C, Duluth, The aquatic area to
MN. the southwest of a
line connected by
the following
points:
46[deg]46'22.1579
'' N
092[deg]06'31.448
9'' W
46[deg]46'21.0546
'' N
092[deg]06'27.963
9'' W
4............................. Azcon/Duluth The aquatic area
Seaway Port within a polygon
Authority connected by the
Garfield Slip C, following points:
Duluth, MN.
46[deg]45'41.9081''
N
092[deg]06'11.5069''
W
46[deg]45'41.7040
'' N
092[deg]06'11.533
7'' W
46[deg]45'41.2503
'' N
092[deg]06'12.674
6'' W
46[deg]45'40.8467
'' N
092[deg]06'12.373
3'' W
46[deg]45'40.3784
'' N
092[deg]06'13.640
4'' W
46[deg]45'40.1196
'' N
092[deg]06'13.702
5'' W
46[deg]45'39.3277
'' N
092[deg]06'13.053
9'' W
46[deg]45'37.0413
'' N
092[deg]06'19.399
5'' W
46[deg]45'37.8242
'' N
092[deg]06'19.922
5'' W
46[deg]45'38.2401
'' N
092[deg]06'19.846
1'' W
46[deg]45'38.7466
'' N
092[deg]06'20.225
5'' W
5............................. St. Louis River/ The aquatic area
Interlake/Duluth north of a line
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]10'28.113
6'' W
46[deg]43'09.3576
'' N
092[deg]10'26.025
6'' W
46[deg]43'09.2748
'' N
092[deg]10'25.993
2'' W
46[deg]43'08.8500
'' N
092[deg]10'25.687
2'' W
46[deg]43'08.8320
'' N
092[deg]10'21.835
2'' W
46[deg]43'08.0436
'' N
092[deg]10'19.556
4'' W
46[deg]43'08.4936
'' N
092[deg]10'19.023
6'' W
46[deg]43'09.3828
'' N
092[deg]10'21.414
0'' W
46[deg]43'10.1640
'' N
092[deg]10'22.022
4'' W
46[deg]43'10.8192
'' N
092[deg]10'21.626
4'' W
and the aquatic area
to the north of a
line connected by
the following
points:
46[deg]43'11.9208
'' N
092[deg]10'03.277
2'' W
46[deg]43'12.1620
'' N
092[deg]10'01.650
0'' W
46[deg]43'07.6872
'' N
092[deg]09'48.384
0'' W
46[deg]43'08.1300
'' N
092[deg]09'42.498
0'' W
46[deg]43'10.2072
'' N
092[deg]09'42.462
0'' W
6............................. U.S. Steel/Spirit The aquatic area to
Lake, Duluth, MN. the west of a line
connected by the
following points:
46[deg]41'38.8208
'' N
092[deg]12'12.773
6'' W
46[deg]41'39.6166
'' N
092[deg]12'08.875
0'' W
46[deg]41'39.3879
'' N
092[deg]12'05.589
5'' W
46[deg]41'39.2250
'' N
092[deg]12'04.346
8'' W
46[deg]41'39.1231
'' N
092[deg]12'02.910
8'' W
46[deg]41'38.9452
'' N
092[deg]12'01.111
1'' W
46[deg]41'38.6133
'' N
092[deg]11'59.450
9'' W
46[deg]41'38.3046
'' N
092[deg]11'57.730
6'' W
46[deg]41'37.2472
'' N
092[deg]11'53.661
5'' W
46[deg]41'36.1915
'' N
092[deg]11'49.790
3'' W
46[deg]41'34.5164
'' N
092[deg]11'45.629
3'' W
46[deg]41'33.5446
'' N
092[deg]11'43.943
1'' W
46[deg]41'30.8242
'' N
092[deg]11'43.968
4'' W
46[deg]41'30.8278
'' N
092[deg]11'39.980
6'' W
46[deg]41'29.1156
'' N
092[deg]11'38.235
0'' W
46[deg]41'27.0671
'' N
092[deg]11'37.514
9'' W
46[deg]41'25.4408
'' N
092[deg]11'36.760
5'' W
46[deg]41'25.0347
'' N
092[deg]11'36.572
2'' W
46[deg]41'22.7528
'' N
092[deg]11'36.078
8'' W
46[deg]41'20.7010
'' N
092[deg]11'35.613
7'' W
46[deg]41'19.6484
'' N
092[deg]11'35.543
1'' W
46[deg]41'19.6484
'' N
092[deg]11'35.543
1'' W
46[deg]41'18.5660
'' N
092[deg]11'35.070
0'' W
46[deg]41'16.5697
'' N
092[deg]11'34.543
4'' W
46[deg]41'14.4790
'' N
092[deg]11'33.968
5'' W
46[deg]41'12.3306
'' N
092[deg]11'33.922
1'' W
46[deg]41'12.7159
'' N
092[deg]11'44.450
1'' W
46[deg]41'02.1240
'' N
092[deg]11'44.450
1'' W
[[Page 16460]]
46[deg]41'01.9943
'' N
092[deg]11'40.581
9'' W
46[deg]41'04.0665
'' N
092[deg]11'39.134
4'' W
46[deg]41'03.8696
'' N
092[deg]11'36.222
3'' W
46[deg]41'02.0724
'' N
092[deg]11'34.360
5'' W
46[deg]40'56.9795
'' N
092[deg]11'32.136
6'' W
46[deg]40'55.9436
'' N
092[deg]11'32.353
1'' W
46[deg]40'53.8981
'' N
092[deg]11'32.780
4'' W
46[deg]40'51.2261
'' N
092[deg]11'33.119
1'' W
46[deg]40'48.9634
'' N
092[deg]11'33.152
8'' W
46[deg]40'46.4928
'' N
092[deg]11'32.890
7'' W
46[deg]40'45.2017
'' N
092[deg]11'32.505
7'' W
46[deg]40'42.1916
'' N
092[deg]11'38.302
5'' W
46[deg]40'38.9992
'' N
092[deg]11'44.450
1'' W
46[deg]40'32.6805
'' N
092[deg]11'44.459
5'' W
46[deg]40'28.8937
'' N
092[deg]11'44.715
8'' W
46[deg]40'27.5301
'' N
092[deg]11'46.085
6'' W
46[deg]40'26.6103
'' N
092[deg]11'47.390
2'' W
46[deg]40'26.2216
'' N
092[deg]11'48.465
0'' W
46[deg]40'25.0613
'' N
092[deg]11'51.210
8'' W
------------------------------------------------------------------------
(b) Regulations. In addition to the general Regulated Navigation
Area regulations in Subpart B of this Section, 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, and further described in the St. Louis River
Area of Concern Remedial Action Plan. Such activities may include, but
are not limited to anchoring, dragging, spudding, or dredging. The
prohibitions in this section shall not supersede restrictions outlined
in executed Records of Decision for Superfund sites.
(c) Exemptions.
(1) Public vessels operating in an official capacity. Public
vessels are defined as any vessel owned or operated by the United
States or by the State or local government.
(2) Any vessel in an emergency situation may deviate from this
regulation to the extent necessary to avoid endangering the safety of
persons, the environment, and/or property. If deviation occurs, the
master or designee shall inform the Coast Guard as soon as it is safe
and practicable to do so.
(d) Waivers. The Captain of the Port Duluth may, in consultation
with local, state, and Federal agencies or regulated private entities,
authorize a waiver from this section if it is determined that activity
can be performed without undue risk to environmental remediation
construction, monitoring, and maintenance. Requests for waivers should
be submitted in writing and at least 120 days prior to the proposed
operations 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.
(e) Penalties. Vessel or persons that violate this section are
subject to the penalties set forth in 46 U.S.C. 70036.
(f) Enforcement period. This Regulated Navigation Area is in effect
permanently and can be enforced at any time.
(g) 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: February 28, 2024.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-04841 Filed 3-6-24; 8:45 am]
BILLING CODE 9110-04-P
