Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61757 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 29, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by: 

■ a. Removing the heading ‘‘1140 

Delaware’s National Low Emission 

Vehicle (NLEV)’’ and adding in its place 

‘‘1140 Delaware Low Emission Vehicle 

Program.’’ 

■ b. Revising the entries under heading 

number 1140 for Sections 1.0., 2.0 and 

3.0; and 

■ c. Adding entries under heading 

number 1140 for Sections 4.0, 5.0, 6.0, 

7.0, 8.0, 9.0, 10.0, 11.0, and 12.0. 

The revisions and additions read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject 

State 

effective 

date 

EPA approval date Additional 

explanation 

*******

Section 1.0 .......................... Purpose .................................................. 12/11/13 10/14/15[Insert Federal Register citation].

Section 2.0 .......................... Applicability ............................................ 12/11/13 10/14/15[Insert Federal Register citation].

Section 3.0 .......................... Definitions .............................................. 12/11/13 10/14/15[Insert Federal Register citation].

Section 4.0 .......................... Emission Certification Standards ........... 12/11/13 10/14/15[Insert Federal Register citation].

Section 5.0 .......................... New Vehicle Emission Requirements .... 12/11/13 10/14/15[Insert Federal Register citation].

Section 6.0 .......................... Manufacturer Fleet Requirements ......... 12/11/13 10/14/15[Insert Federal Register citation].

Section 7.0 .......................... Warranty ................................................. 12/11/13 10/14/15[Insert Federal Register citation].

Section 8.0 .......................... Reporting and Record-Keeping Requirements.12/11/13 10/14/15[Insert Federal Register citation].

Section 9.0 .......................... Enforcement ........................................... 12/11/13 10/14/15[Insert Federal Register citation].

Section 10.0 ........................ Incorporation by Reference ................... 12/11/13 10/14/15[Insert Federal Register citation].

Section 11.0 ........................ Document Availability ............................. 12/11/13 10/14/15[Insert Federal Register citation].

Section 12.0 ........................ Severability ............................................. 12/11/13 10/14/15[Insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2015–25954 Filed 10–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R04–OW–2014–0372; FRL–9934–57– 

Region 4] 

Ocean Dumping: Expansion of an 

Ocean Dredged Material Disposal Site 

Offshore of Jacksonville, Florida 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an expansion 

of the ocean dredged material disposal 

site (ODMDS) site offshore of 

Jacksonville, Florida pursuant to the 

Marine Protection, Research and 

Sanctuaries Act, as amended (MPRSA). 

The EPA decided to finalize the 

expansion of the site because the site 

expansion is needed to serve the longterm need for a location to dispose of 

material dredged from the St. Johns 

River navigation channel, and to 

provide a location for the disposal of 

dredged material for persons or entities 

who have received a permit for such 

disposal. The newly expanded site will 

be subject to ongoing monitoring and 

management to ensure continued 

protection of the marine environment. 

In addition to the designation, 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 November 13, 2015. 

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., 

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 


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61758 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 

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: 

Jennifer Derby, 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) 562–9401; email: 

derby.jennifer@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 Jacksonville, 

Florida. 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 

Jacksonville, Florida 

The existing Jacksonville ODMDS is 

located approximately 5 nautical miles 

(nmi) southeast of the mouth of the St. 

Johns River on the continental shelf off 

the east coast of Florida. It is currently 

1 nmi by 1 nmi (1 nmi2) in size. Since 

1952, the area now designated as the 

Jacksonville ODMDS and vicinity has 

been used for disposal of dredged 

material (e.g., sand, silt, clay, rock) 

primarily from the Jacksonville Harbor 

Navigation Project, Naval Station 

Mayport entrance channel, and Naval 

Station Mayport turning basin. The 

Jacksonville ODMDS received interim 

site designation status in 1977 and final 

designation in 1983. 

The USACE Jacksonville District and 

the EPA Region 4 have identified a need 

to either designate a new ODMDS or 

expand the existing Jacksonville 

ODMDS. The need for expanding 

current ocean disposal capacity is based 

on observed mounding at the 

Jacksonville ODMDS, 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. This section 

discusses in detail the current and 

future capacity issues at the existing 

Jacksonville ODMDS and CDFs. 

The expansion 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 

Expanded Ocean Dredged Material 

Disposal Site 

This action proposes the expansion of 

the ocean dredged material site offshore 

of Jacksonville, Florida. The location of 

the expanded ocean dredged material 

disposal site is bounded by the 

coordinates, listed below, and shown in 

Figure 1. The expansion 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): 

Expanded Jacksonville ODMDS 

(A) 30°21.514′ N. 81°18.555′ W. 

(B) 30°21.514′ N. 81°17.422′ W. 

(C) 30°20.515′ N. 81°17.422′ W. 

(D) 30°20.515′ N. 81°17.012′ W. 

(E) 30°17.829′ N. 81°17.012′ W. 

(F) 30°17.829′ N. 81°18.555′ W 

The expanded ODMDS is located in 

approximately 28 to 61 feet of water, 

and is located to 4.4 nmi offshore the 

mouth of the St. Johns River. The 

expanded ODMDS would be 3.7 nmi 

long on the west side and 2.7 nmi long 

on the east side. It would be 1 nmi long 

on the north side and 1.3 nmi wide on 

the south side. It would be 4.56 nmi2 in 

size. 


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c. Response to Comments Received 

On March 11, 2015, the EPA 

published a proposed rule to expand the 

site and opened a public comment 

period under Docket ID No. EPA–R04– 

OW–2014–0372. The comment period 

closed on April 10, 2015. The EPA 

received six comments on the proposed 

rule. One comment was from the U.S. 

Department of the Interior stating they 

have no comments at this time. One 

commenter was in support of the 

expansion as it would protect wildlife 

by having a specific location for 

disposal of dredged materials. 

Two commenters raised concerns 

regarding impacts to endangered species 

and critical habitat including whales. 

Although located within the North 

Atlantic right whale critical habitat, 

disposal vessel speed and operation will 

be restricted as necessary in order to 

protect North Atlantic right whales as 

set forth in: (1) The Site Management 

and Monitoring Plan (SMMP) for the 

expanded ODMDS developed by the 

EPA in coordination with the USACE; 

and (2) an Endangered Species Act 

(ESA) Biological Assessment completed 

by the EPA. In a letter to the EPA from 

the National Marine Fisheries Service 

(NMFS) dated August 3, 2015, NMFS 

concluded that because all potential 

project effects to listed species and 

critical habitat were found to be 

discountable, insignificant, or 

beneficial, that the ODMDS expansion is 

not likely to adversely affect listed 

species under NMFS purview including 

the North Atlantic right whale. 

Additional discussion of compliance 

with the ESA is provided in section III.d 

of this final rule labeled ‘‘ESA.’’ The 

SMMP, the ESA Biological Assessment 

and the letter from NMFS dated August 

3, 2015, are included in the Docket for 

this action. 

Finally, two commenters raised 

concerns about the overall impacts of 

disposal of sediments on the ecosystem, 

fisheries and reefs and that additional 

measures should be instituted to reduce 

the amount of waste that needs to be 

disposed in the ocean. The location of 

the expanded ODMDS was selected to 

minimize impacts to the shrimp fishery 

in the area and to minimize impacts to 

hard bottom communities in the vicinity 

of the ODMDS. In response to these 

commenters, the EPA reviewed the 

SMMP for the expanded ODMDS to 

ensure that controls are in place both to 

prevent negative effects and to correct 

impacts from negative effects in the 

unlikely event such effects occurred. 

The final SMMP, found in the Docket 

for this action, includes safeguards to 

act to prevent negative effects, primarily 

through ensuring that only material 

meeting ocean dumping criteria for 

ocean disposal are allowed to be 

disposed at the expanded ODMDS. The 

EPA can respond to negative impacts, 

including, for example, having ODMDS 

users adjust disposal amounts, 

techniques, and timing, and the EPA 

can shut down the ODMDS on a short 

term or long term basis if needed, if 

negative effects are observed or if trends 

suggest negative impacts could occur. 

The EPA has authority to condition, 

terminate, or restrict ODMDS use with 

cause. Regarding the amount of dredged 

material needed to be disposed in the 

ocean, the USACE, rather than the EPA 

determines the location and amount of 

dredging necessary to maintain the 

waterways of the U.S. The EPA 

determines, with the USACE’s input, 

how best to dispose of material that 

must be disposed of in the ocean. Part 

of that analysis includes a balancing 

community and ocean user needs. The 

EPA finds this ODMDS expansion to be 

the best balance of those needs at this 

time. The EPA will continue to evaluate 

these local community concerns and 

will use the SMMP to make adjustments 

as needed to the extent practicable, to 

help ensure the needs of the users are 

balanced against the concerns of the 

local community. 


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d. Management and Monitoring of the 

ODMDS 

The expanded ODMDS is expected to 

receive sediments dredged by the 

USACE to deepen and maintain the 

federally authorized navigation project 

at Jacksonville Harbor, Florida, maintain 

Naval Station Mayport and dredged 

material from other persons who have 

obtained a permit for the disposal of 

dredged material 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 

expanded 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 expanded ODMDS. The SMMP, 

which was available for public comment 

as a draft document, has been finalized 

and the final document may be found in 

the Docket. 

e. MPRSA Criteria 

In proposing to expand the ODMDS, 

the EPA assessed the proposed 

expanded 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 proposed site 

designations satisfy those criteria. The 

EPA’s Final Environmental Impact 

Statement for Designation of an Ocean 

Dredged Material Disposal Site Offshore 

Jacksonville, Florida, [October 2014] 

(FEIS), provides an extensive evaluation 

of the criteria and other related factors 

for the expansion of the ODMDS. The 

FEIS may be found in the Docket. 

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)). 

Historical disposal of dredged 

material at the existing Jacksonville 

ODMDS has not interfered with 

commercial or recreational navigation, 

commercial fishing, or sportfishing 

activities. Expansion of this ODMDS is 

not expected to change these conditions. 

The expanded ODMDS avoids any 

identified major fisheries, natural and 

artificial reefs, and areas of recreational 

use. The expanded ODMDS is 

approximately 1 nmi east of the areas 

identified by commercial shrimpers as 

important shrimp trawling areas. The 

expanded ODMDS minimizes 

interference with shellfisheries by 

avoiding areas frequently used by 

commercial shrimpers. The expanded 

ODMDS is not expected to adversely 

affect recreational boating and is located 

outside of designated shipping/

navigation channels and anchorage 

areas. The draft SMMP outlines ODMDS 

management objectives, including 

minimizing interference with other uses 

of the ocean. Should an ODMDS use 

conflict be identified, ODMDS use could 

be modified according to the SMMP to 

minimize that conflict. 

(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)). 

Based on the EPA’s review of 

modeling, monitoring data, sediment 

quality, and history of use, no detectable 

contaminant concentrations or water 

quality effects, e.g., suspended solids, 

would be expected to reach any beach 

or shoreline from disposal activities at 

the expanded ODMDS. The expanded 

ODMDS is removed far enough from 

shore (4.4 nmi) and fishery resources to 

allow water quality perturbations 

caused by dispersion of disposed 

material to be reduced to ambient 

conditions before reaching any 

environmentally sensitive areas. 

Dilution rates are expected to range 

from 140:1 to 2800:1 after four hours. 

The primary impact of disposal 

activities on water quality is expected to 

be temporary turbidity caused by the 

physical movement of sediment through 

the water column. All dredged material 

proposed for disposal will be evaluated 

according to the ocean dumping 

regulations at 40 CFR 227.13 and 

guidance developed by the EPA and the 

USACE. 

(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 expanded ODMDS allows and 

facilitates long-term capacity, site 

management, and site monitoring while 

limiting environmental impacts to the 

surrounding area to the extent possible. 

Based on projected future new work and 

maintenance dredged material disposal 

needs, is the USACE estimated that the 

new ODMDS should be approximately 4 

nmi2 in size to meet the long-term (>50 

years) disposal needs of the area. An 

ODMDS of this size should have a 

capacity of greater than 65 million cubic 

yards. The expanded ODMDS is 4.56 

nmi2 in size inclusive of the existing 

Jacksonville ODMDS and therefore 

meets the long-term disposal needs of 

the area. 

A site management and monitoring 

program will be implemented to 

determine if disposal at the ODMDS 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, an assessment of the health 

of the benthic community, and an 

assessment of any movement of 

disposed dredged material offsite. The 

size of the expanded ODMDS is similar 

to that of other ocean dredged material 

disposal sites in the Southeastern 

United States. Monitoring of sites of this 

size have proved to be effective and 

feasible. 

(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)). 

Disposal areas located off of the 

continental shelf would be at least 60 to 

70 nautical miles offshore. This distance 

is well beyond the 5 to 10 nautical mile 

haul distance determined to be feasible 

by the USACE for maintenance of their 

Jacksonville Harbor project. Additional 

disadvantages to off-shelf ocean 

disposal would be the unknown 

environmental impacts of disposal on 

deep-sea, stable, fine-grained benthic 

communities and the higher cost of 

monitoring sites in deeper waters and 

further offshore. 

Historic disposal has occurred at the 

location for the expanded ODMDS. The 

substrate of the expanded ODMDS is 

similar grain size to the disposal 

material. 

Specific Criteria (40 CFR 228.6) 

(1) Geographical Position, Depth of 

Water, Bottom Topography and 


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Distance from Coast (40 CFR 

228.6(a)(1)). 

The EPA does not anticipate that the 

geographical position of the expanded 

ODMDS, including the depth, bottom 

topography and distance from the 

coastline, will unreasonably degrade the 

marine environment. The expanded 

ODMDS is located on the shallow 

continental shelf off northeast Florida 

and is 7.1 nautical miles southeast of 

the mouth of the St. Johns River. Depths 

within the expansion area of the 

ODMDS range from 43 to 66 feet (13 to 

20 meters) with an average depth of 57 

feet (17 meters). To help avoid adverse 

mounding at the expanded ODMDS, 

bathymetry will be routinely monitored 

following disposal activities and 

disposal locations modified as 

necessary. In this way, mounding that 

could create a navigation hazard will be 

avoided. Material disposed in the 

expanded ODMDS is not expected to 

move from the expanded ODMDS 

except during large storm events. 

(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 expanded ODMDS is located 

within the North Atlantic right whale 

critical habitat. The coastal waters off 

Georgia and northern Florida are the 

only known calving ground for the 

North Atlantic right whale between 

November and April. The expansion of 

the ODMDS is not expected to alter the 

critical habitat. Disposed dredged 

material will settle out of the water 

column to the benthos, which is not 

considered part of the critical habitat. 

Disturbances from ships transiting 

through the area would not be 

significantly different from normal 

vessel operations that occur daily in the 

project area, although during dredging 

activities there would be an increase in 

vessel activity in the areas between the 

river entrance and the expanded 

ODMDS which may lead to an increase 

risk of animal collisions. Observance of 

critical habitat designations and the 

North Atlantic right whale Early 

Warning System should mitigate for this 

potential increase. 

The expanded ODMDS is not located 

in exclusive breeding, spawning, 

nursery, feeding or passage areas for 

adult or juvenile phases of living 

resources. The most active fish breeding 

and nursery areas are located in inshore 

estuarine waters, along adjacent 

beaches, or in nearshore reef areas. At 

and in the immediate vicinity of the 

expanded ODMDS, spawning and 

migrating adult penaeid shrimp may be 

present. However, as much of the 

dredged material will consist of silts 

and clays, it appears likely that the area 

will remain suitable for penaeid shrimp. 

(3) Location in Relation to Beaches 

and Other Amenity Areas (40 CFR 

228.6(a)(3)). 

The ODMDS is approximately 4.4 nmi 

from coastal beaches and protected 

inshore waters. Shore-related amenities 

include Nassau River-St. Johns River 

Marshes Aquatic Preserve, Little Talbot 

Island State Park, Kingsley Plantation 

Historic Monument, and Fort Caroline 

National Memorial. These amenity areas 

are outside the area to be affected by 

disposal in the expanded ODMDS. The 

ODMDS is approximately 4 to 5 nmi 

west of the nearest artificial reef or 

fishing hotspots. 

(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)). 

Dredged material found suitable for 

ocean disposal pursuant to the 

regulatory criteria for dredged material, 

or characterized by chemical and 

biological testing and found suitable for 

disposal into ocean waters, will be the 

only material allowed to be disposed at 

the expanded ODMDS. No material 

defined as ‘‘waste’’ under the MPRSA 

will be allowed to be disposed at the 

ODMDS. The dredged material to be 

disposed at the expanded ODMDS will 

be a mixture of rock, sands, silts and 

clays. Annual average quantities are 

expected to range 0.5 to 1.1 million 

cubic yards. 18 million cubic yards is 

expected to be disposed from the 

Jacksonville Harbor Deepening Project. 

Generally, disposal is expected to occur 

from a hopper dredge or disposal scow, 

in which case, material will be released 

just below the surface while the 

disposal vessel remains underway and 

slowly transits the disposal location. 

(5) Feasibility of Surveillance and 

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

The EPA expects monitoring and 

surveillance at the expanded ODMDS to 

be feasible and readily performed from 

ocean or regional class research vessels. 

The expanded ODMDS is of similar size, 

water depth and distance from shore of 

a majority of the ODMDSs within the 

Southeastern United States which are 

routinely monitored. The EPA will 

ensure monitoring of the ODMDS for 

physical, biological and chemical 

attributes as well as for potential 

impacts beyond the ODMDS 

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)). 

Waves are predominately out of the 

east and a few exceed 2 meters (6.6 feet) 

in height or 15 seconds (s) in period. 

Waves are the primary factor 

influencing re-suspension of disposed 

dredged material, and currents probably 

affect the direction and magnitude of 

transport. Currents flow predominately 

in a north-northwest and southsoutheast direction and rarely exceeds 

30 cm/s in magnitude. Modeling and 

monitoring conducted at the existing 

ODMDS has shown that the net 

direction of transport is to the south. 

Dilution rates due to mixing are 

expected to range from 140:1 to 2800:1 

after four hours. 

(7) Existence and Effects of Current 

and Previous Discharges and Dumping 

in the Area (including Cumulative 

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

The areas within the vicinity of the 

Jacksonville ODMDS have been in use 

since 1952 for disposal of dredged 

material (e.g., sand, silt, clay, gravel, 

shell, and some rock) from the 

Jacksonville Harbor Navigation Project 

and the Naval Station Mayport entrance 

channel and turning basin. The 

Jacksonville ODMDS received interim 

site designation status in 1977 and final 

designation in 1983. Prior to 1970 and 

in the early 1970s, material was 

disposed in an area 0.5 nmi east of the 

Jacksonville ODMDS. In the late 1970s 

material was unintentionally disposed 

south of the ODMDS. Water column 

chemistry in past studies at the ODMDS 

has typically shown little or no impact 

due to dredged material disposal. 

Sediment analysis in the late 1970s 

showed higher concentrations of certain 

heavy metals (nickel, copper, zinc, lead, 

and chromium), Kjeldahl nitrogen, and 

organic carbon in sediments within the 

ODMDS versus outside the ODMDS. 

Sediment analysis as part of a 1995 

benthic survey showed that, in general, 

metal concentrations within the 

ODMDS remained elevated compared to 

concentrations outside the ODMDS. 

However, concentrations within the 

ODMDS have decreased since 1978 and, 

based on a 1998 study, continue to 

decrease. The average percentage of silts 

and clays at stations within the ODMDS 

exceeds that of stations outside the 

ODMDS, but has decreased both inside 

and outside the ODMDS since. A 2009 

study documented tri-n-butyltin, di-nbutyltin, and n-butyltin present at 

sampling stations both inside and 


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outside the Jacksonville ODMDS. 

Benthic infaunal community studies at 

the existing Jacksonville ODMDS have 

showed that communities remain 

diverse with no significant changes. The 

normal equilibrium benthic community 

in the area consists of surface-dwelling 

suspension feeders that are pre-adapted 

to energetic sandy environments. 

(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 expanded 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 expanded 

ODMDS. The expanded ODMDS avoids 

the National Oceanographic and 

Atmospheric Administration (NOAA) 

recommended vessel routes offshore 

Jacksonville, Florida, thereby avoiding 

conflict with commercial navigation. 

Commercial fishing (shrimp trawling) 

occurs primarily to the west of the 

expanded ODMDS. The northern 

portion of the expanded ODMDS 

encompasses areas with rubble and 

other debris that commercial shrimp 

trawlers avoid due to potential damage 

to their shrimp nets. The southern 

portion of the expanded ODMDS 

includes areas used for commercial 

shrimp trawling. The expanded ODMDS 

will be managed such that rock will be 

disposed in the eastern portion of the 

expanded ODMDS outside of the fishing 

area and finer grained material (silts/

clays) will be disposed in the western 

portion. Additionally, the southern 

portion will only be used if the northern 

portion has reached capacity. 

Potential sand borrow areas have been 

identified to the east of the expanded 

ODMDS. The expanded ODMDS will be 

managed to avoid impacts to these 

areas. Only rock and sand will be 

disposed in the eastern portions of the 

expanded ODMDS providing a buffer 

between the disposal of silts and clays 

and the potential borrow areas. The 

nearest potential borrow area is adjacent 

to the southern half of the expanded 

ODMDS. This borrow area is expected 

to be exhausted prior to use of the 

southern portion of the expanded 

ODMDS as the southern portion will 

only be used if the northern portion has 

reached capacity. 

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 

expanded ODMDS at this time. The 

expanded 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)). 

Spring and fall season baseline 

surveys were conducted in 2010 at the 

expanded ODMDS. Water quality was 

determined to be good with no evidence 

of degradation. No hypoxia conditions 

were observed and all chemical 

constituents were below EPA national 

recommended water quality criteria for 

salt water. Annelid worms, arthropods, 

echinoderms, gastropods, and bivalves 

are common benthic taxonomic groups. 

The Atlantic croaker, spotted hake, 

searobins, drums, and sand flounders 

are common fish species. Important 

mollusks include transverse and 

ponderous arks, mussels, and Atlantic 

calico scallops. 

(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 

expanded ODMDS. Material expected to 

be disposed at the expanded ODMDS 

will be rock, sand, silt and clay similar 

to the sediment present at the expanded 

ODMDS. Finer-grained material could 

have the potential to attract different 

species to the expanded ODMDS then 

currently exist as was documented 

following disposal of significant 

amounts of silts and clays from 

deepening of Naval Station Mayport. 

However, it is expected that over time, 

as current and wave energy transports 

the finer-grained sediments away, the 

normal equilibrium benthic community 

will re-establish itself. The SMMP 

includes benthic infaunal monitoring 

requirements, which will act to identify 

any nuisance species and allow the EPA 

to direct special studies and/or 

operational changes to address the issue 

if it arises. 

(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 expanded ODMDS at this time. 

Archaeological surveys of the expanded 

ODMDS were conducted in 2011 and 

2012. The survey identified three subbottom features and one magnetic 

cluster. Archaeological divers 

investigated these targets and 

determined that they did not represent 

significant cultural features of historical 

or prehistorical importance. The EPA 

has coordinated with Florida’s State 

Historic Preservation Officer (SHPO) to 

identify any cultural features. The 

SHPO concurred with the EPA’s 

determination that the expansion of the 

ODMDS will have no effect on cultural 

resources listed, or eligible for listing on 

the National Register of Historic Places. 

No shipwrecks have been observed or 

documented within the expanded 

ODMDS or its immediate vicinity. 

f. Technical Amendment 

The EPA corrected a clerical error that 

was included in the proposed language 

in 40 CFR 228.15(h)(9)(vi). As indicated 

in the preamble to the proposed rule, 

only dredged material from the 

Jacksonville, Florida area may be 

disposed in the ODMDS. This 

restriction was the only restriction 

specifically stated in the regulation 

prior to this rulemaking. The language 

in the proposed rule added three new 

restrictions to 40 CFR 228.15(h)(9)(vi) 

but due to a clerical error did not 

include the existing restriction. The 

final rule language reflects all four 

restrictions for disposal of dredged 

material into the 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 


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Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61763 

environmental review documents. The 

EPA’s primary voluntary NEPA 

document for expanding the ODMDS is 

the Final Environmental Impact 

Statement for Designation of an Ocean 

Dredged Material Disposal Site Offshore 

Jacksonville, Florida, [October 2014] 

(FEIS), prepared by the EPA in 

cooperation with the USACE. On 

October 17, 2014, the Notice of 

Availability (NOA) of the FEIS for 

public review and comment was 

published in the Federal Register (79 

FR 62436 [October 17, 2014]). Anyone 

desiring a copy of the FEIS may obtain 

one from the addresses given above. The 

public comment period on the FEIS 

closed on November 17, 2014. The FEIS 

and its Appendices, which are part of 

the Docket for this action, provide the 

threshold environmental review for 

expansion of the ODMDS. The 

information from the FEIS is used 

above, in the discussion of the ocean 

dumping criteria. 

b. MSA 

The EPA prepared an essential fish 

habitat (EFH) assessment 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 May 11, 2012. The NMFS 

provided EFH Conservation 

Recommendations and a request for 

additional information on July 11, 2012. 

The EPA prepared an interim response 

with the requested additional 

information on August 2, 2012 and a 

revised EFH Assessment for the 

preferred alternative on October 6, 2014. 

In a letter dated January 5, 2015, NMFS 

determined that the EPA and the 

USACE have provided the substantive 

justification required by 50 CFR 

600.920(k) for not following EFH 

conservation recommendations. 

c. CZMA 

Pursuant to an Office of Water policy 

memorandum dated October 23, 1989, 

the EPA has evaluated the site 

designations for consistency with the 

State of Florida’s (the State) approved 

coastal management program. The EPA 

has determined that the designation of 

the ODMDS 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 concurred with 

this determination on November 17, 

2014. In addition, as part of the NEPA 

process, the EPA has consulted with the 

State regarding the effects of the 

dumping at the ODMDS on the State’s 

coastal zone. The EPA has taken the 

State’s comments into account in 

preparing the FEIS for the ODMDS, in 

determining whether the ODMDS 

should be designated, and in 

determining whether restrictions or 

limitations should be placed on the use 

of the ODMDS, if they are designated. 

The EPA modified Alternative 1 to 

address the State’s concern regarding 

potential impacts to hard bottom 

benthic habitat and has incorporated 

management and monitoring 

requirements into the SMMP to ensure 

that disposed dredged materials do not 

negatively affect important benthic 

resources and sand borrow areas located 

outside of the designated ODMDS 

boundaries. Furthermore, at the request 

of the State, the EPA has conducted an 

evaluation of recently designated 

critical habitat for the loggerhead sea 

turtle. 

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 prepared 

a Biological Assessment (BA) to assess 

the potential effects of expanding the 

Jacksonville ODMDS on aquatic and 

wildlife species and submitted that BA 

to the NMFS and USFWS on October 6, 

2014. A supplement to the BA 

addressing loggerhead critical habitat 

was submitted on January 15, 2015. The 

EPA concluded that its action may 

affect, but is not likely to adversely 

affect 10 ESA-listed species and is not 

likely to adversely affect designated 

critical habitat for the North Atlantic 

right whale or the loggerhead sea turtle. 

The USFWS concurred on the EPA’s 

finding that the action is not likely to 

adversely affect listed endangered or 

threatened species under the 

jurisdiction of the USFWS. 

The informal consultation process 

with NMFS was concluded on August 3, 

2015. NMFS concluded that dredged 

disposal activities at the Jacksonville 

ODMDS are not likely to adversely 

affect sea turtles, sturgeon, or whales. 

The Jacksonville ODMDS is located 

within Unit 2 of the proposed 

modifications to the designated critical 

habitat for the North Atlantic right 

whale. North Atlantic right whales are 

observed calving off the southeastern 

U.S. coast, in an area designated as Unit 

2 of the proposed critical habitat. The 

essential features of right whale calving 

habitat are calm sea surface conditions, 

sea surface temperature, and depth. The 

NMFS concluded that neither the 

dredging, related vessel operations, nor 

the disposal of dredged material will 

significantly impact water depth, sea 

surface conditions, or the temperature of 

the ocean. While the ODMDS will 

decrease water depths, the elevated sea 

bottom will not impede whales in any 

way. Water depths will still be sufficient 

for the animals to move freely 

throughout the habitat. Furthermore, the 

likelihood of interaction which may 

impact the distribution of right whale 

calf/cow pairs is further reduced by the 

precautions stipulated for vessel 

avoidance. These precautions are 

required as part of the SMMP and 

restrict disposal vessel speed and 

operation in accordance with the most 

recent USACE South Atlantic Division 

Endangered Species Act Section 7 

Consultation Regional Biological 

Opinion for Dredging of Channels and 

Borrow Areas in the Southeastern 

United States (SARBO), or other 

relevant Biological Opinion for specific 

projects not included in the SARBO to 

capture requirements for projects not 

covered by the SARBO. Because all 

potential project effects to listed species 

and critical habitat were found to be 

discountable, insignificant, or 

beneficial, NMFS concluded that the 

action is not likely to adversely affect 

listed species under their purview. 

e. NHPA 

The USACE and the EPA initiated 

consultation with the State of Florida’s 

Historic Preservation Officer (SHPO) on 

November 24, 2010, to address the 

National Historic Preservation Act, as 

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

470a–2, which requires Federal agencies 

to take into account the effect of their 

actions on districts, sites, buildings, 

structures, or objects, included in, or 

eligible for inclusion in the National 

Register of Historic Places (NRHP). A 

submerged cultural resource survey of 

the area including the use of 

magnetometer, side scan sonar, and subbottom profiler was conducted in 2011. 

A follow-up archaeological diver 

investigation was conducted in 2012. 

No historic properties were found 

within the expanded ODMDS 

boundaries and SHPO concurred with 

the determination that designated the 

expanded ODMDS would have no effect 

on cultural resource listed, or eligible 

for listing on the NRHP. 


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61764 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

This rule proposes the designation of 

an expanded 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 

designation does not require persons to 

obtain, maintain, retain, report, or 

publicly disclose information to or for a 

Federal agency. 

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 the 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 expansion of 

the Jacksonville 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. Although Executive Order 

13175 does not apply to this action the 

EPA consulted with tribal officials in 

the development of this action, 

particularly as the action relates to 

potential impacts to historic or cultural 

resources. The EPA specifically 

solicited comment from tribal officials. 

The EPA did not receive 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 expansion of the 

Jacksonville 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. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61765 

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 expanding the 

Jacksonville 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: September 28, 2015. 

Heather McTeer Toney, 

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)(9)(i) through (iii) 

and (vi) to read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(h) * * * 

(9) * * * 

(i) Location: 30° 21.514′ N., 81° 

18.555′ W.; 30° 21.514′ N, 81° 17.422′ 

W.; 30° 20.515′ N., 81° 17.422′ W.; 30° 

20.515′ N, 81° 17.012′ W.; 30° 17.829′ 

N., 81° 17.012′ W.; 30° 17.829′ N, 81° 

18.555′ W. 

(ii) Size: Approximately 3.68 nautical 

miles long and 1.34 nautical miles wide 

(4.56 square nautical miles); 3,861 acres 

(1,562 hectares). 

(iii) Depth: Ranges from 

approximately 28 to 61 feet (9 to 19 

meters). 

* * * * * 

(vi) Restrictions: (A) Disposal shall be 

limited to dredged material from the 

Jacksonville, Florida, 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. 2015–26142 Filed 10–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140904754–5917–03] 

RIN 0648–BE27 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

2015–2016 Biennial Specifications and 

Management Measures; Amendment 

24; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This action corrects the 2015– 

2016 harvest specifications and 

management measures final rule that 

published on March 10, 2015. That rule 

established 2015–2016 harvest 

specifications and management 

measures for groundfish taken in the 

U.S. exclusive economic zone off the 

coasts of Washington, Oregon, and 

California, consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) and the Pacific Coast Groundfish 

Fishery Management Plan (PCGFMP), 

and approved Amendment 24 to the 

PCGFMP. This action corrects 

management measures in California 

recreational fisheries that are intended 

to keep the total catch of California 

scorpionfish within the harvest 

specifications. This action shortens the 

season for the recreational California 

scorpionfish fishery in the Southern 

Management Area, consistent with the 

season lengths of the other three 

management areas where California 

scorpionfish predominantly occur. This 

correcting amendment implements the 

intended season dates as described in 

the preamble of the harvest 

specifications and management 

measures final rule, consistent with the 

Pacific Fishery Management Council’s 

(Council) previous recommendations. 

DATES: Effective October 14, 2015. 

ADDRESSES: Information relevant to the 

March 10, 2015, final rule (80 FR 12567) 

and Amendment 24, which includes a 

final environmental impact statement 

(EIS), the Record of Decision (ROD), a 

regulatory impact review (RIR), final 

regulatory flexibility analysis (FRFA), 

and amended PCGFMP, are available 

from William Stelle, Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070. Electronic 

copies of that final rule are also 

available at the NMFS West Coast 

Region Web site: http://

www.westcoast.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew, phone: 206–526– 

6147, fax: 206–526–6736, or email: 

gretchen.hanshew@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The March 10, 2015, final rule (80 FR 

12567) set catch limit specifications for 

2015–2016 (overfishing limits (OFLs), 

acceptable biological catches (ABCs), 

and annual catch limits (ACLs)), and 

established management measures 

designed to keep catch within the ACLs. 

As part of that final rule, consistent with 

the Council’s recommendations and 

described in the preamble to that rule, 

NMFS shortened the recreational fishing 

season for California scorpionfish. In 

2014, the California scorpionfish fishery 

was open year-round and harvest was 

higher than anticipated, exceeding the 

California scorpionfish ACL. The season 

length was shortened by four months to 

prevent harvest from exceeding the ACL 

in 2015 and beyond. 


tkelley on DSK3SPTVN1PROD with RULES