57378 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 

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 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. 

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 DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

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 

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 § 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 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 

■ 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: 


lotter on DSK11XQN23PROD with PROPOSALS1
57380 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 

TABLE 1 TO PARAGRAPH (a) 

Number Site name 

Regulated area 

(Note: all geographic coordinates expressed in term of latitude 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°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. 

2 ............. Slip 3, Duluth, MN ....................................... 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. 

3 ............. Slip C, Duluth, MN ...................................... 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. 

4 ............. Azcon/Duluth Seaway Port Authority Garfield Slip C, Duluth, MN.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. 

5 ............. St. Louis River/Interlake/Duluth Tar, Duluth, 

MN.

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. 

6 ............. U.S. Steel/Spirit Lake, Duluth, MN .............. 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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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 57381 

TABLE 1 TO PARAGRAPH (a)—Continued 

Number Site name 

Regulated area 

(Note: all geographic coordinates expressed in term of latitude and longitude datum 

are based on WGS 84 coordinates) 

• 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. 

• 46°41′01.9943′′ N 092°11′40.5819′′ W. 

• 46°41′04.0665′′ N 092°11′39.1344′′ W. 

• 46°41′03.8696′′ N 092°11′36.2223′′ W. 

• 46°41′02.0724′′ N 092°11′34.3605′′ W. 

• 46°40′56.9795′′ N 092°11′32.1366′′ W. 

• 46°40′55.9436′′ N 092°11′32.3531′′ W. 

• 46°40′53.8981′′ N 092°11′32.7804′′ W. 

• 46°40′51.2261′′ N 092°11′33.1191′′ W. 

• 46°40′48.9634′′ N 092°11′33.1528′′ W. 

• 46°40′46.4928′′ N 092°11′32.8907′′ W. 

• 46°40′45.2017′′ N 092°11′32.5057′′ W. 

• 46°40′42.1916′′ N 092°11′38.3025′′ W. 

• 46°40′38.9992′′ N 092°11′44.4501′′ W. 

• 46°40′32.6805′′ N 092°11′44.4595′′ W. 

• 46°40′28.8937′′ N 092°11′44.7158′′ W. 

• 46°40′27.5301′′ N 092°11′46.0856′′ W. 

• 46°40′26.6103′′ N 092°11′47.3902′′ W. 

• 46°40′26.2216′′ N 092°11′48.4650′′ W. 

• 46°40′25.0613′′ N 092°11′51.2108′′ W. 

(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 

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] 

BILLING CODE 9110–04–P 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental notice of 

proposed rulemaking; extension of 

public comment period. 

SUMMARY: 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 


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