Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61619 

tolerances or exemptions have 

demonstrated that the pesticide meets 

the safety standard imposed by that 

statute. This citizen’s comment appears 

to be directed at the underlying statute 

and not EPA’s implementation of it; the 

citizen has made no contention that 

EPA has acted in violation of the 

statutory framework. 

V. Conclusion 

Therefore, tolerances are established 

for residues of chlorantraniliprole, 3- 

bromo-N-[4-chloro-2-methyl-6- 

[(methylamino)-carbonyl]phenyl]-1-(3- 

chloro-2-pyridinyl)-1H-pyrazole-5- 

carboxamide, in or on quinoa, forage at 

40 ppm; quinoa, grain at 6.0 ppm; 

quinoa, hay at 40 ppm; and quinoa, 

straw at 40 ppm; teff, forage at 40 ppm; 

teff, grain at 6.0 ppm; teff, hay at 40 

ppm; and teff, straw at 40 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). Since tolerances and exemptions 

that are established on the basis of a 

petition under FFDCA section 408(d), 

such as the tolerances in this final rule, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 26, 2016. 

Michael Goodis, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.628, add alphabetically the 

entries ‘‘Quinoa, forage’’, ‘‘Quinoa, 

grain’’, ‘‘Quinoa, hay’’, ‘‘Quinoa, straw’’, 

‘‘Teff, forage’’, ‘‘Teff, grain’’, ‘‘Teff, hay’’, 

and ‘‘Teff, straw’’ to the table in 

paragraph (a) to read as follows: 

§ 180.628 Chlorantraniliprole; pesticide 

tolerances. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Quinoa, forage ...................... 40 

Quinoa, grain ........................ 6.0 

Quinoa, hay .......................... 40 

Quinoa, straw ....................... 40 

* * * * * 

Teff, forage ........................... 40 

Teff, grain ............................. 6.0 

Teff, hay ................................ 40 

Teff, straw ............................. 40 

* * * * * 

* * * * * 

[FR Doc. 2016–21458 Filed 9–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R04–OW–2016–0356; FRL–9951–96– 

Region 4] 

Ocean Dumping: Modification of an 

Ocean Dredged Material Disposal Site 

Offshore of Charleston, South Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a 

modification of the ocean dredged 

material disposal site (ODMDS) offshore 

of Charleston, South Carolina pursuant 

to the Marine Protection, Research and 

Sanctuaries Act, as amended (MPRSA). 

The primary purpose for the site 

modification is to serve the long-term 

need for a location to dispose of 

material dredged from the Charleston 

Harbor federal navigation channel, and 

to provide a location for the disposal of 

dredged material for persons who have 

received a permit for such disposal. The 

modified site will be subject to ongoing 

monitoring and management to ensure 

continued protection of the marine 

environment. In addition, the EPA now 

issues a technical amendment to correct 

a clerical error in the proposed rule. 

DATES: The effective date of this final 

action shall be October 7, 2016. 

ADDRESSES: Docket: All documents in 

the Docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 


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confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available or in hard 

copy at the EPA Region 4 Office, 61 

Forsyth Street SW., Atlanta, Georgia 

30303. The file will be made available 

for public inspection in the Region 4 

library between the hours of 9:00 a.m. 

and 4:30 p.m. weekdays. Contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below 

to make an appointment. If possible, 

please make your appointment at least 

two working days in advance of your 

visit. There will be a 15 cent per page 

fee for making photocopies of 

documents. 

FOR FURTHER INFORMATION CONTACT: Gary 

W. Collins, U.S. Environmental 

Protection Agency, Region 4, Water 

Protection Division, Marine Regulatory 

and Wetlands Enforcement Section, 61 

Forsyth Street, Atlanta, Georgia 30303; 

phone number (404) 562–9395; email: 

collins.garyw@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Potentially Affected Persons 

Persons potentially affected by this 

action include those who seek or might 

seek permits or approval to dispose of 

dredged material into ocean waters 

pursuant to the Marine Protection, 

Research, and Sanctuaries Act, as 

amended (MPRSA), 33 U.S.C. 1401 to 

1445. The EPA’s action would be 

relevant to persons, including 

organizations and government bodies 

seeking to dispose of dredged material 

in ocean waters offshore of Charleston, 

South Carolina. Currently, the U.S. 

Army Corps of Engineers (USACE) 

would be most affected by this action. 

Potentially affected categories and 

persons include: 

Category Examples of potentially regulated persons 

Federal government ................................................................. U.S. Army Corps of Engineers Civil Works projects, U.S. Navy and other Federal 

agencies. 

Industry and general public ...................................................... Port authorities, marinas and harbors, shipyards and marine repair facilities, 

berth owners. 

State, local and tribal governments ......................................... Governments owning and/or responsible for ports, harbors, and/or berths, Government agencies requiring disposal of dredged material associated with public 

works projects. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding persons likely to 

be affected by this action. For any 

questions regarding the applicability of 

this action to a particular person, please 

refer to the contact person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

II. Background 

A. History of Disposal Sites Offshore of 

Charleston, South Carolina 

The existing Charleston ODMDS is 

located approximately 9 nautical miles 

(nmi) southeast of the mouth of 

Charleston Harbor on the continental 

shelf off the coast of South Carolina. It 

is currently 12.1 nmi2 in size, with an 

authorized disposal zone that is 3.0 

nmi2 in size. Since 1896, the area now 

designated as the Charleston ODMDS 

and vicinity has been used for disposal 

of dredged material (e.g., sand, silt, clay, 

rock) primarily from the Charleston 

Harbor Navigation Project. The 

Charleston ODMDS received interim 

site designation status in 1977 and final 

designation in 1987. The discovery of 

live bottom habitats within the original 

site resulted in several modifications to 

use of the site resulting in the creation 

of the restricted disposal zone. 

The USACE Charleston District and 

the EPA Region 4 have identified a need 

to either designate a new ODMDS or 

expand the existing Charleston ODMDS. 

The need for expanding current ocean 

disposal capacity is based on future 

capacity modeling, historical dredging 

volumes, estimates of dredging volumes 

for future proposed projects, and limited 

capacity of upland confined disposal 

facilities (CDFs) in the area. 

The modification of the ODMDS for 

dredged material does not mean that the 

USACE or the EPA has approved the use 

of the ODMDS for open water disposal 

of dredged material from any specific 

project. Before any person can dispose 

dredged material at the ODMDS, the 

EPA and the USACE must evaluate the 

project according to the ocean dumping 

regulatory criteria (40 CFR, part 227) 

and authorize the disposal. The EPA 

independently evaluates proposed 

dumping and has the right to restrict 

and/or disapprove of the actual disposal 

of dredged material if the EPA 

determines that environmental 

requirements under the MPRSA have 

not been met. 

B. Location and Configuration of 

Modified Ocean Dredged Material 

Disposal Site 

This action modifies the ODMDS 

offshore of Charleston, South Carolina. 

The location of the modified ODMDS is 

bounded by the coordinates, listed 

below. The modification of the ODMDS 

will allow the EPA to adaptively 

manage the ODMDS to maximize its 

capacity, minimize the potential for 

mounding and associated safety 

concerns, potentially create hard bottom 

habitat and minimize the potential for 

any long-term adverse effects to the 

marine environment. 

The coordinates for the site are, in 

North American Datum 83 (NAD 83): 

Modified Charleston ODMDS 

(A) 32°36.280′ N., 79°43.662′ W. 

(B) 32°37.646′ N., 79°46.576′ W. 

(C) 32°39.943′ N., 79°45.068′ W. 

(D) 32°38.579′ N., 79°42.152′ W. 

The modified ODMDS is located in 

approximately 30 to 45 feet of water, 

and is located to approximately 6.0 nmi 

offshore. The modified ODMDS would 

be 7.4 nmi2 in size. 

C. Response to Comments Received 

On July 13, 2016, the EPA published 

a proposed rule to modify the site and 

opened a public comment period under 

Docket ID No. EPA–R04–OW–2016– 

0356. The comment period ended on 

August 12, 2016. The EPA received two 

comments on the proposed rule. One 

comment was from the U.S. Department 

of Interior stating that they had no 

comments at this time. The second 

comment was from the U.S. National 

Oceanic and Atmospheric 

Administration in regards to a clerical 

error with three site coordinates 

describing the location of the ODMDS. 

The EPA acknowledges the error and is 

making corrections as described in the 

technical amendment section below. 

D. Management and Monitoring of the 

Site 

The modified ODMDS is expected to 

receive sediments dredged by the 

USACE to deepen and maintain the 

federally authorized navigation project 

at Charleston Harbor, South Carolina, 

and dredged material from other 

persons who have obtained a permit for 

the transportation of dredged material 


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for the purpose of disposal at the 

ODMDS. All persons using the ODMDS 

are required to follow a Site 

Management and Monitoring Plan 

(SMMP) for the ODMDS. The SMMP 

includes management and monitoring 

requirements to ensure that dredged 

materials disposed at the ODMDS are 

suitable for disposal in the ocean and 

that adverse impacts of disposal, if any, 

are addressed to the maximum extent 

practicable. The SMMP for the modified 

ODMDS, in addition to the 

aforementioned, also addresses 

management of the ODMDS to ensure 

adverse mounding does not occur, 

promotes habitat creation where 

possible and to ensure that disposal 

events minimize interference with other 

uses of ocean waters in the vicinity of 

the modified ODMDS. The SMMP, 

which was available for public review, 

is currently being routed for signature 

by the Charleston District Engineer. 

E. MPRSA Criteria 

In modifying the ODMDS, the EPA 

assessed the modified ODMDS 

according to the criteria of the MPRSA, 

with particular emphasis on the general 

and specific regulatory criteria of 40 

CFR part 228, to determine whether the 

site modification satisfies those criteria. 

The EPA’s Final Environmental 

Assessment for Modification of an 

Ocean Dredged Material Disposal Site 

Offshore Charleston, South Carolina, 

[June 2016] (EA), provides an extensive 

evaluation of the criteria and other 

related factors for the modification of 

the ODMDS. 

General Criteria (40 CFR 228.5) 

(1) Sites must be selected to minimize 

interference with other activities in the 

marine environment, particularly 

avoiding areas of existing fisheries or 

shellfisheries, and regions of heavy 

commercial or recreational navigation 

(40 CFR 228.5(a)). 

Dredged material disposal within the 

existing Charleston ODMDS has been 

confined to the eastern side of the 

designated site within a defined 4-mi2

disposal zone to avoid impacts to live 

hardbottom. During this time, dredged 

material disposal at the site has not 

interfered with commercial or 

recreational navigation, commercial 

fishing, or sportfishing activities. The 

modification of the site boundaries to 

the north, east, and south is not 

expected to change these conditions. 

This action avoids major fisheries, 

natural and artificial reefs, and areas of 

recreational use. Modification of the site 

to the east will minimize interference 

with shellfisheries by avoiding areas 

located primarily to the west of the 

ODMDS that are frequently used by 

commercial shrimpers. Construction of 

the berm will provide an additional 

approximately 427 acres of hardbottom 

habitat and will protect existing 

hardbottom habitat by minimizing 

sediment transport. There will be a 

3000-foot buffer along the northern 

perimeter of the ODMDS where 

dumping will not occur. Modeling 

results indicate that this buffer should 

be sufficient to protect probable 

hardbottom areas to the north of the site. 

(2) Sites must be situated such that 

temporary perturbations to water quality 

or other environmental conditions 

during initial mixing caused by disposal 

operations would be reduced to normal 

ambient levels or undetectable 

contaminant concentrations or effects 

before reaching any beach, shoreline, 

marine sanctuary, or known 

geographically limited fishery or 

shellfishery (40 CFR 228.5(b)). 

The ODMDS modification area will be 

used for disposal of suitable dredged 

material as determined by Section 103 

of the MPRSA. Based on the USACE and 

EPA sediment testing and evaluation of 

dredged maintenance material and 

proposed new work material from the 

Post 45 deepening project, disposal is 

not expected to have any long-term 

impact on the water quality. Results of 

the maximum concentration found 

outside the disposal area after 4 hours 

of mixing for each dredging unit was 

zero. Based on these results, water 

quality perturbations that could reach 

any beach, shoreline, marine sanctuary, 

or known geographically-limited fishery 

or shellfishery are not expected. The 

western edge of the modified ODMDS is 

approximately 7 miles offshore such 

that prevailing current will not transport 

dredged material to beaches. Water 

quality perturbations caused by 

dispersion of disposal material will be 

reduced to ambient conditions before 

reaching any environmentally sensitive 

areas. 

(3) The sizes of disposal sites will be 

limited in order to localize for 

identification and control any 

immediate adverse impacts, and to 

permit the implementation of effective 

monitoring and surveillance to prevent 

adverse long-range impacts. Size, 

configuration, and location are to be 

determined as part of the disposal site 

evaluation (40 CFR 228.5(d)). 

The location, size, and configuration 

of the modified ODMDS provides longterm capacity, site management, and site 

monitoring while limiting 

environmental impacts to the 

surrounding area. Based on 25 years of 

projected new work and maintenance 

dredged material disposal needs, it is 

estimated that the ODMDS modification 

area should accommodate 

approximately 66.5 mcy of dredged 

material in order to meet the long-term 

disposal needs of the area. The dump 

zone within the modified ODMDS is 

estimated to have approximately 75 mcy 

of capacity. The capacity in the dump 

zone provides a reasonable amount of 

additional capacity to manage risk, 

account for future unknown disposal 

operations from private entities, and 

provides a margin of navigation safety. 

The remaining area within the 

boundaries of the existing 12 nmi2

Charleston ODMDS (parallelogram) 

would be de-designated. The area to be 

de-designated is approximately 10.4 mi2

(7.8 nmi2) in size and contains 

documented hardbottom habitat. 

By adding 5.8 mi2 (4.4 nmi2) to the 

existing ODMDS disposal zone, the total 

area of the modified Charleston ODMDS 

would be 9.8 mi2 (7.4 nmi2), with a 

dump zone area of 5.1 mi2 (3.9 nmi2). 

An ODMDS of this size and capacity 

will provide a long-term ocean disposal 

option for the region. 

To help protect nearby hardbottom 

habitat from being buried by sediment 

migrating from the ODMDS, a U-shaped 

berm along the east, south, and west 

perimeters of the modified ODMDS will 

be constructed. Although there is 

probable hardbottom located north of 

the modified ODMDS, no berm will be 

constructed along the northern 

boundary. However, there will be a 

3000-foot buffer along the northern 

perimeter of the ODMDS where 

dumping will not occur. Fate modeling 

indicates that this buffer should be 

sufficient to protect probable 

hardbottom areas to the north of the site. 

When determining the size of the 

modified site, the ability to implement 

effective monitoring and surveillance 

programs, among other things, was 

factored in to ensure that navigational 

safety would not be compromised and 

to prevent mounding of dredged 

material, which could result in adverse 

wave conditions. A site management 

and monitoring program will be 

implemented to determine if disposal at 

the site is significantly affecting 

adjacent areas and to detect the 

presence of long-term adverse effects. At 

a minimum, the monitoring program 

will consist of bathymetric surveys, 

sediment grain size analysis, chemical 

analysis of constituents of concern in 

the sediments, and a health assessment 

of the benthic community. 

(4) EPA will, wherever feasible, 

designate ocean dumping sites beyond 

the edge of the continental shelf and 

other such sites where historical 

disposal has occurred (40 CFR 228.5(e)). 


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The continental slope is 

approximately 55 nmi offshore of 

Charleston. Disposal off the continental 

shelf (shelf break) was evaluated in 

detail the 1983 ODMDS Designation EIS 

document. In comparison to locating the 

site in the nearshore region, it was 

determined that monitoring and 

surveillance would be more difficult 

and expensive in the shelf break area 

because of the distance from shore to 

the deeper waters. Transporting material 

to and performing long-term monitoring 

of a site located off the continental shelf 

is not economically or operationally 

feasible. 

The historically used ocean dumping 

site, Charleston ODMDS, is not located 

beyond the continental shelf. A portion 

of the modified ODMDS encompasses 

an area previously designated for 

disposal. 

Specific Criteria (40 CFR 228.6) 

(1) Geographical position, depth of 

water, bottom topography and distance 

from coast (40 CFR 228.6(a)(1)). 

The modified ODMDS is located on 

the shallow continental shelf, 

approximately 6 nmi offshore of 

Charleston, South Carolina. Water 

depths range from ¥30 to ¥45 feet (9 

to 13 meters) with an overall average 

depth of ¥40 feet (12 meters). 

Characteristics of the South Atlantic 

Bight seafloor include low relief, 

relatively gentle gradients, and smooth 

bottom surfaces exhibiting 

physiographic features contoured by 

erosional processes. Sediments largely 

consist of fine to coarse sands. Some 

areas contain extensive coarse grains 

and shell hash. Fines were found to be 

typically less than 10%. 

(2) Location in relation to breeding, 

spawning, nursery, feeding, or passage 

areas of living resources in adult or 

juvenile phases (40 CFR 228.6(a)(2)). 

The modified ODMDS is not located 

in exclusive breeding, spawning, 

nursery, feeding, or passage areas for 

adult or juvenile phases of living 

resources. The intensity of these 

activities within the vicinity of the 

ODMDS is seasonally variable, with 

peaks typically occurring in the spring 

and early fall for most commercially 

important finfish and shellfish species 

(USEPA 1983). The ODMDS is not 

located within North Atlantic right 

whale critical habitat. 

(3) Location in relation to beaches 

and other amenity areas (40 CFR 

228.6(a)(3)). 

The center of the modified ODMDS is 

approximately 7 mi (6 nmi) from the 

nearest coastal beach. The site is 

approximately 3.1 mi (2.7 nmi) south of 

the nearest artificial reef. No significant 

impacts to beaches or amenity areas 

associated with the existing ODMDS 

have been documented. 

(4) Types and quantities of wastes 

proposed to be disposed of, and 

proposed methods of release, including 

methods of packing the waste, if any (40 

CFR 228.6(a)(4)). 

Only material that meets EPA Ocean 

Dumping Criteria in 40 CFR 220–229 

will be placed in the ODMDS. Average 

annual maintenance material is 

approximately 1.4 mcy and 

approximately 31.2 mcy of new work 

material is expected from the Charleston 

Harbor Deepening Project. Sediments 

dredged from Charleston Harbor and the 

entrance channel are a mixture of silt, 

sand, and rock. Hopper dredge, barge, 

and scow combinations are the usual 

vehicles of transport for the dredged 

material. None of the material is 

packaged in any manner. 

(5) Feasibility of surveillance and 

monitoring (40 CFR 228.6(a)(5)). 

The EPA expects monitoring and 

surveillance at the modified ODMDS to 

be feasible and readily performed from 

ocean or regional class research vessels. 

The modified ODMDS is of similar size, 

water depth and distance from shore as 

are a majority of the ODMDSs within 

the Southeastern United States which 

are routinely monitored. The EPA will 

ensure monitoring of the site for 

physical, biological and chemical 

attributes as well as for potential 

impacts beyond the site boundaries. 

Bathymetric surveys will be conducted 

routinely as defined in the SMMP, 

contaminant levels in the dredged 

material will be analyzed prior to 

dumping, and the benthic infauna and 

epibenthic organisms will be monitored 

every 10 years, as funding allows. 

(6) Dispersal, horizontal transport and 

vertical mixing characteristics of the 

area, including prevailing current 

direction and velocity, if any (40 CFR 

228.6(a)(6)). 

A study conducted by EPA from 

2013–2015 indicated that currents in the 

vicinity of the Charleston ODMDS tend 

to have a significant tidal component 

with predominant currents in the crossshore direction. The depth-averaged 

median current velocity was 18 cm/sec 

(0.6 ft/sec) with 90% of the 

measurements below 30 cm/sec (1.1 ft/ 

sec). Wind-driven circulation is the 

most important factor in controlling 

sediment transport. Strong winds 

generate waves that steer the sediment 

on the seabed and create large nearbed 

suspended sediment concentrations. 

Suspended sediment transport is 

directed mainly NE and SW in response 

to local wind climate and the windgenerated alongshore flows. LTFATE 

and MPFATE modeling results over a 

25-year period indicate depths of 

sediment deposited outside the 

boundaries of the ODMDS will not 

exceed the 5 cm deposition contour 

guidance provided by EPA. 

(7) Existence and effects of current 

and previous discharges and dumping 

in the area (including cumulative 

effects) (40 CFR 228.6(a)(7)). 

Previous disposal of dredged material 

resulted in temporary increases in 

suspended sediment concentrations 

during disposal operations, localized 

mounding within the site, burial of 

benthic organisms within the site, 

changes in the abundance and 

composition of benthic assemblages, 

and changes in the sediment 

composition from sandy sediments to 

finer-grained silts. Impacts to live 

bottoms were identified in the western 

portion of the 12-mi2 ODMDS. 

Short-term, long-term, and cumulative 

effects of dredged material disposal in 

the ODMDS modification area would be 

similar to those for the existing ODMDS. 

(8) Interference with shipping, fishing, 

recreation, mineral extraction, 

desalination, fish and shellfish culture, 

areas of special scientific importance 

and other legitimate uses of the ocean 

(40 CFR 228.6(a)(8)). 

The modified ODMDS is not expected 

to interfere with shipping, fishing, 

recreation or other legitimate uses of the 

ocean. Commercial navigation, 

commercial fishing, and mineral 

extraction (sand mining) are the primary 

activities that may spatially overlap 

with disposal at the modified ODMDS. 

The modified ODMDS avoids the 

National Oceanographic and 

Atmospheric Administration (NOAA) 

recommended vessel routes offshore 

Charleston, South Carolina, thereby 

avoiding conflict with commercial 

navigation. 

Commercial fishing (shrimp trawling) 

occurs primarily to the west of the 

modified ODMDS. The likelihood of 

direct interference with these activities 

is low, provided there is close 

communication and coordination 

among users of the ocean resources. The 

EPA is not aware of any plans for 

desalination plants, or fish and shellfish 

culture operations near the modified 

ODMDS at this time. The modified 

ODMDS is not located in areas of 

special scientific importance. 

(9) The existing water quality and 

ecology of the sites as determined by 

available data or trend assessment of 

baseline surveys (40 CFR 228.6(a)(9)). 

Water quality of the existing site is 

typical of the Atlantic Ocean. Water and 

sediment quality analyses conducted in 

the study area and experience with past 


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disposals in the Charleston ODMDS 

have not identified any adverse water 

quality impacts from ocean disposal of 

dredged material. The site supports 

benthic and epibenthic fauna 

characteristic of the South Atlantic 

Bight. Neither the pelagic (mobile) or 

benthic (non-mobile) communities 

should sustain irreparable harm due to 

their widespread occurrence off the 

South Carolina coast. 

(10) Potentiality for the development 

or recruitment of nuisance species in 

the disposal site (40 CFR 228.6(a)(10)). 

Nuisance species, considered as any 

undesirable organism not previously 

existing at a location, have not been 

observed at, or in the vicinity of, the 

modified ODMDS. They are either 

transported to or recruited to the site 

because the disposal of dredged material 

creates an environment where they can 

establish. Habitat conditions have 

changed somewhat at the Charleston 

ODMDS because of the disposal of some 

silty material on what was 

predominately sandy sediments. While 

it can be expected that organisms will 

become established at the site which 

were not there previously, this new 

community is not regarded as a 

nuisance, or ‘‘undesirable,’’ community. 

(11) Existence at or in close proximity 

to the site of any significant natural or 

cultural feature of historical importance 

(40 CFR 228.6(a)(11)). 

No significant cultural features have 

been identified at, or in the vicinity of, 

the modified ODMDS at this time. 

Surveys conducted in 2012–2013 did 

not identify any cultural features of 

historical importance. The EPA has 

coordinated with South Carolina’s State 

Historic Preservation Officer (SHPO) to 

identify any cultural features. The 

SHPO concurred with the EPA’s 

determination that the modification of 

the ODMDS will have no effect on 

cultural resources listed, or eligible for 

listing on the National Register of 

Historic Places as no such resources 

exist in the project area. 

F. Technical Amendment 

The EPA corrected a clerical error that 

was included in the proposed language 

regarding the modified ODMDS 

coordinates. The second, third, and 

fourth latitude coordinates were 

incorrect in the proposed language but 

have been corrected to reflect the actual 

corner coordinates for the modified 

ODMDS. 

III. Environmental Statutory Review— 

National Environmental Policy Act 

(NEPA); Magnuson-Stevens Act (MSA); 

Marine Mammal Protection Act 

(MMPA); Coastal Zone Management 

Act (CZMA); Endangered Species Act 

(ESA); National Historic Preservation 

Act (NHPA) 

A. NEPA 

Section 102 of the National 

Environmental Policy Act of 1969, as 

amended (NEPA), 42 U.S.C. 4321 to 

4370f, requires Federal agencies to 

prepare an Environmental Impact 

Statement (EIS) for major federal actions 

significantly affecting the quality of the 

human environment. NEPA does not 

apply to EPA designations of ocean 

disposal sites under the MPRSA because 

the courts have exempted the EPA’s 

actions under the MPRSA from the 

procedural requirements of NEPA 

through the functional equivalence 

doctrine. The EPA has, by policy, 

determined that the preparation of 

NEPA documents for certain EPA 

regulatory actions, including actions 

under the MPRSA, is appropriate. The 

EPA’s ‘‘Notice of Policy and Procedures 

for Voluntary Preparation of NEPA 

Documents,’’ (Voluntary NEPA Policy), 

63 FR 58045, (October 29, 1998), sets 

out both the policy and procedures the 

EPA uses when preparing such 

environmental review documents. The 

EPA’s primary voluntary NEPA 

document for expanding the ODMDS is 

the Final Environmental Assessment for 

Modification of an Ocean Dredged 

Material Disposal Site Offshore 

Charleston, South Carolina, [June 2016] 

(FEA), prepared by the EPA in 

cooperation with the USACE. Anyone 

desiring a copy of the FEA may obtain 

one from the addresses given above. A 

draft of this document was released for 

public review in December, 2015. The 

public comment period on the FEA 

closed on August 9, 2016. The FEA and 

its Appendices, which are part of the 

Docket for this action, provide the 

threshold environmental review for 

modification of the ODMDS. The 

information from the FEA is used above, 

in the discussion of the ocean dumping 

criteria. 

B. MSA 

The EPA integrated the essential fish 

habitat (EFH) assessment with the EA, 

pursuant to Section 305(b), 16 U.S.C. 

1855(b)(2), of the Magnuson-Stevens 

Act, as amended (MSA), 16 U.S.C. 1801 

to 1891d, and submitted that assessment 

to the National Marine Fisheries Service 

(NMFS) on December 4, 2015. The 

NMFS responded via letter that they 

have no comments on the proposed 

project. 

C. CZMA 

Pursuant to an Office of Water policy 

memorandum dated October 23, 1989, 

the EPA has evaluated the proposed site 

designations for consistency with the 

State of South Carolina’s (the State) 

approved coastal management program. 

The EPA has determined that the 

designation of the modified site is 

consistent to the maximum extent 

practicable with the State coastal 

management program, and submitted 

this determination to the State for 

review in accordance with the EPA 

policy. The State conditionally 

concurred with this determination on 

February 17, 2016. The EPA has taken 

the State’s comments into account in 

preparing the FEA for the site, in 

determining whether the site should be 

modified as proposed, and in 

determining whether restrictions or 

limitations should be placed on the use 

of the site, if it is designated. 

D. ESA 

The Endangered Species Act, as 

amended (ESA), 16 U.S.C. 1531 to 1544, 

requires Federal agencies to consult 

with NMFS and the U.S. Fish and 

Wildlife Service (USFWS) to ensure that 

any action authorized, funded, or 

carried out by the Federal agency is not 

likely to jeopardize the continued 

existence of any endangered species or 

threatened species or result in the 

destruction or adverse modification of 

any critical habitat. The EPA 

incorporated a Biological Assessment 

(BA) into the EA to assess the potential 

effects of expanding the Charleston 

ODMDS on aquatic and wildlife species 

and submitted that document to the 

NMFS and USFWS on December 4, 

2016. The EPA concluded that the 

proposed project would not adversely 

affect any threatened or endangered 

species, nor would it adversely modify 

any designated critical habitat. The 

USFWS concurred on the EPA’s finding 

that the proposed action is not likely to 

adversely affect listed endangered or 

threatened species under the 

jurisdiction of the USFWS. The NMFS 

concluded the proposed action is not 

likely to adversely affect listed species 

under their jurisdiction. 

E. NHPA 

The USACE and the EPA initiated 

consultation with the State of South 

Carolina’s Historic Preservation Officer 

(SHPO) on December 4, 2015, to address 

the National Historic Preservation Act, 

as amended (NHPA), 16 U.S.C. 470 to 

470a-2, which requires Federal agencies 


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61624 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 

to take into account the effect of their 

actions on districts, sites, buildings, 

structures, or objects, included in, or 

eligible for inclusion in the National 

Register of Historic Places (NRHP). In a 

letter dated January 6, 2016, the SHPO 

determined that no properties listed in 

or eligible for listing in the National 

Register of Historic Places will be 

affected by the project. 

IV. Statutory and Executive Order 

Reviews 

This rule modifies the designation of 

an ODMDS pursuant to Section 102 of 

the MPRSA. This action complies with 

applicable executive orders and 

statutory provisions as follows: 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This site 

modification does not require persons to 

obtain, maintain, retain, report, or 

publicly disclose information to or for a 

Federal agency.D 

C. Regulatory Flexibility 

The Regulatory Flexibility Act (RFA) 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of this 

rule on small entities, small entity is 

defined as: (1) a small business defined 

by the Small Business Administration’s 

size regulations at 13 CFR 121.201; (2) 

a small governmental jurisdiction that is 

a government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. The EPA 

determined that this action will not 

have a significant economic impact on 

small entities because this rule will only 

have the effect of regulating the location 

of site to be used for the disposal of 

dredged material in ocean waters. After 

considering the economic impacts of 

this rule, I certify that this action will 

not have a significant economic impact 

on a substantial number of small 

entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act (UMRA) of 1995, 2 U.S.C. 1531 to 

1538, for State, local, or tribal 

governments or the private sector. This 

action imposes no new enforceable duty 

on any State, local or tribal governments 

or the private sector. Therefore, this 

action is not subject to the requirements 

of sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small government 

entities. Those entities are already 

subject to existing permitting 

requirements for the disposal of dredged 

material in ocean waters. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among various levels of 

government, as specified in Executive 

Order 13132. Thus, Executive Order 

13132 does not apply to this action. In 

the spirit of Executive Order 13132, and 

consistent with EPA policy to promote 

communications between the EPA and 

State and local governments, the EPA 

specifically solicited comments on this 

action from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 because the modification of 

the Charleston ODMDS will not have a 

direct effect on Indian Tribes, on the 

relationship between the federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this action. The EPA specifically 

solicited comments from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern health or 

safety risks, such that the analysis 

required under Section 5–501 of the 

Executive Order has the potential to 

influence the regulation. This action is 

not subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. The 

action concerns the modification of the 

Charleston ODMDS and only has the 

effect of providing a designated location 

for ocean disposal of dredged material 

pursuant to Section 102 (c) of the 

MPRSA. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355) because it is not a 

‘‘significant regulatory action’’ as 

defined under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272), directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs the EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action 

includes environmental monitoring and 

measurement as described in EPA’s 

SMMP. The EPA will not require the 

use of specific, prescribed analytic 

methods for monitoring and managing 

the designated ODMDS. The Agency 

plans to allow the use of any method, 

whether it constitutes a voluntary 

consensus standard or not, that meets 

the monitoring and measurement 

criteria discussed in the SMMP. 


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Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61625 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629) 

establishes federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. The 

EPA determined that this rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

EPA has assessed the overall 

protectiveness of modifying the 

Charleston ODMDS against the criteria 

established pursuant to the MPRSA to 

ensure that any adverse impact to the 

environment will be mitigated to the 

greatest extent practicable. We welcome 

comments on this action related to this 

Executive Order. 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research, and Sanctuaries Act, as 

amended, 33 U.S.C. 1401, 1411, 1412. 

Dated: August 24, 2016. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

For the reasons set out in the 

preamble, the EPA amends chapter I, 

title 40 of the Code of Federal 

Regulations as follows: 

PART 228—CRITERIA FOR THE 

MANAGEMENT OF DISPOSAL SITES 

FOR OCEAN DUMPING 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

■ 2. Section 228.15 is amended by 

revising paragraphs (h)(5)(i) through (iii) 

and (vi) to read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(h) * * * 

(5) * * * 

(i) Location: 32°36.280′ N., 79°43.662′ 

W.; 32°37.646′ N., 79°46.576′ W.; 

32°39.943′ N., 79°45.068′ W.; 32°38.579′ 

N., 79°42.152′ W. 

(ii) Size: Approximately 7.4 square 

nautical miles in size. 

(iii) Depth: Ranges from 

approximately 30 to 45 feet (9 to 13.5 

meters). 

* * * * * 

(vi) Restrictions: (A) Disposal shall be 

limited to dredged material from the 

Charleston, South Carolina, area; 

(B) Disposal shall be limited to 

dredged material determined to be 

suitable for ocean disposal according to 

40 CFR 227.13; 

(C) Disposal shall be managed by the 

restrictions and requirements contained 

in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); 

(D) Monitoring, as specified in the 

SMMP, is required. 

* * * * * 

[FR Doc. 2016–21454 Filed 9–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 150908833–6738–02] 

RIN 0648–BF37 

Mariana Archipelago Fisheries; 

Remove the CNMI Medium and Large 

Vessel Bottomfish Prohibited Areas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

medium and large vessel bottomfish 

prohibited fishing areas in the 

Commonwealth of the Northern Mariana 

Islands (CNMI). Conditions in the 

fishery that led to establishing the 

prohibited areas are no longer present, 

and the restriction is no longer 

necessary. This rule also makes 

administrative housekeeping changes to 

the description of the CNMI 

management subarea and to the 

regulations for the CNMI management 

subarea crustacean fishing. The intent of 

this final rule is to improve the viability 

of the CNMI bottomfish fishery and 

promote optimum yield while 

preventing overfishing. 

DATES: Effective October 7, 2016. 

ADDRESSES: The Western Pacific Fishery 

Management Council (Council) and 

NMFS prepared Amendment 4 to the 

Fishery Ecosystem Plan for the Marianas 

Archipelago that provides background 

information on this final rule. 

Amendment 4, including a final 

environmental assessment and 

regulatory impact review, is identified 

as NOAA–NMFS–2015–0115 and is 

available from www.regulations.gov or 

the Council, 1164 Bishop St., Suite 

1400, Honolulu, HI 96813, tel 808–522– 

8220, fax 808–522–8226, 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Ellgen, NMFS PIRO Sustainable 

Fisheries, 808–725–5173. 

SUPPLEMENTARY INFORMATION: Federal 

regulations currently prohibit medium 

and large vessels (40 ft and greater) from 

commercial fishing for bottomfish 

management unit species in certain 

Federal waters around the CNMI. The 

prohibited areas include waters within 

approximately 50 nm of the Southern 

Islands (i.e., Rota, Aguigan (alt. 

Aguijan), Tinian, Saipan, and Farallon 

de Medinilla) and within 10 nm of 

Alamagan Island. In 2008, the Council 

recommended, and NMFS 

implemented, the prohibited areas to 

prevent large bottomfish vessels based 

in Guam from traveling to CNMI fishing 

grounds. At the time, the Council was 

concerned that the Guam vessels could 

negatively affect fish stocks and local 

fisheries through stock depletion, catch 

competition, and gear conflicts. You 

may read more about the establishment 

of the prohibited areas in the 2008 

proposed rule (73 FR 51992; September 

8, 2008) and final rule (73 FR 75615; 

December 12, 2008). 

The CNMI bottomfish fishery has 

changed since 2008, and the conditions 

that led the Council and NMFS to 

establish the prohibited areas are no 

longer present. Large vessels from Guam 

have not shown interest in fishing for 

CNMI bottomfish. The prohibited areas 

may also be negatively affecting the 

CNMI bottomfish fishery. Only a few 

small vessels have been operating on a 

regular basis, and the few medium and 

large vessels have faced declining 

participation, possibly resulting from 

higher fuel costs that prevent them from 

traveling beyond the prohibited areas. 

The prohibited areas may be 

contributing to the potential underutilization of the bottomfish resource in 

CNMI, and removing them may promote 

optimum yield. 

To address fishery conditions 

resulting from the CNMI prohibited 

areas, the Council recommended that 

NMFS remove them. The Council and 

NMFS will continue to manage the 

fishery under a suite of management 


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