Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25147

IDAHO—PM–10 NONATTAINMENT AREAS

Designated area

Designation Classification

Date Type Date Type

* * * * * * *

Shoshone County

a. Northwest quarter of the Northwest quarter, Section 8, Township 48 North,

Range 2 East; Southwest quarter of the Northwest quarter, Section 8, Township 48 North, Range 2 East; Northwest quarter of the Southwest quarter,

Section 8, Township 48 North, Range 2 East; Southwest quarter of the

Southwest quarter, Section 48 North, Range 2 East, Boise Base (known as

‘‘Pinehurst expansion area’’).

1/20/94 Nonattainment ............. 1/20/94 Moderate.

b. City of Pinehurst ................................................................................................. 11/15/90 Nonattainment ............. 11/15/90 Moderate.

* * * * * * *

[FR Doc. 95–11505 Filed 5–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 228

[FRL–5204–6]

Ocean Dumping; Final Site

Designation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA today designates an

Ocean Dredged Material Disposal Site

(ODMDS) in the Gulf of Mexico offshore

Tampa, Florida, as an EPA-approved

ocean dumping site for the disposal of

suitable dredged material. This action is

necessary to provide an acceptable

ocean disposal site for consideration as

an option for dredged material disposal

projects in the greater Tampa, Florida

vicinity. This site designation is for an

indefinite period of time, but the site is

subject to continuing monitoring to

insure that unacceptable adverse

environmental impacts do not occur.

EFFECTIVE DATE: This designation shall

become effective on June 12, 1995.

ADDRESSES: Wesley B. Crum, Chief,

Coastal Programs Section, Water

Management Division, U. S.

Environmental Protection Agency,

Region IV, 345 Courtland St, NE.,

Atlanta, Georgia 30365.

FOR FURTHER INFORMATION CONTACT: Gary

W. Collins, 404/347–1740 ext. 4286.

SUPPLEMENTARY INFORMATION:

A. Background

Section 102(c) of the Marine

Protection, Research, and Sanctuaries

Act (MPRSA) of 1972, as amended, 33

U.S.C. 1401 et seq., gives the

Administrator of EPA the authority to

designate sites where ocean disposal

may be permitted. On October 1, 1986,

the Administrator delegated the

authority to designate ocean disposal

sites to the Regional Administrator of

the Region in which the sites are

located. This designation of a site

offshore Tampa, Florida, which is

within Region IV, is being made

pursuant to that authority.

The EPA Ocean Dumping Regulations

promulgated under MPRSA (40 CFR

chapter I, subchapter H, § 228.4) state

that ocean dumping sites will be

designated by promulgation in this part

228. A list of ‘‘Approved Interim and

Final Ocean Dumping Sites’’ was

published on January 11, 1977 (42 FR

2461 (January 11, 1977)). The list

established two sites for Tampa, Site A

and Site B, as interim sites. Subsequent

legal action by Manatee County and

extensive field efforts have resulted in

the identification of the now proposed

site. The details of these events can be

found in the ‘‘Final Environmental

Impact Statement for the Designation of

an Ocean Dredged Material Disposal

Site Located Offshore Tampa, Florida.’’

B. EIS Development

Section 102(2)(C) of the National

Environmental Policy Act (NEPA) of

1969, as amended, 42 U.S.C. 4321 et

seq., requires that federal agencies

prepare an Environmental Impact

Statement (EIS) on proposals for

legislation and other major federal

actions significantly affecting the

quality of the human environment. The

object of NEPA is to build into the

Agency decision making process careful

consideration of all environmental

aspects of proposed actions. While

NEPA does not apply to EPA activities

of this type, EPA has voluntarily

committed to prepare EISs in

connection with ocean disposal site

designations such as this (see 39 FR

16186 (May 7, 1974)).

EPA, in cooperation with the

Jacksonville District of the U.S. Army

Corps of Engineers (COE), has prepared

a Final EIS (FEIS) entitled ‘‘Final

Environmental Impact Statement for the

Designation of An Ocean Dredged

Material Disposal Site Located Offshore

Tampa, Florida.’’ On September 23,

1994, the Notice of Availability (NOA)

of the FEIS for public review and

comment was published in the Federal

Register (59 FR 48878 (September 23

1994)). Anyone desiring a copy of the

EIS may obtain one from the address

given above. The public comment

period on the final EIS closed on

October 24, 1994. The closing date was

extended for 15 days due to a request by

the State of Florida.

EPA received 1 comment letter on the

Final EIS. The letter was from the State

of Florida (dated November 18, 1994)

and stated that the proposed designation

was found to be consistent with the

Florida Coastal Management Program.

This rule permanently designates the

continued use of the previously

designated Site 4 near Tampa, Florida.

The purpose of the action is to provide

an environmentally acceptable option

for the ocean disposal of dredged

material. The need for the permanent

designation of the Tampa ODMDS is

based on a demonstrated COE need for

ocean disposal of maintenance dredged

material from the Federal navigation

projects in the greater Tampa Bay area.

However, every disposal activity by the

COE is evaluated on a case-by-case basis

to determine the need for ocean disposal

for that particular case. The need for

ocean disposal for other projects, and

the suitability of the material for ocean

disposal, will be determined on a caseby-case basis as part of the COE’s

process of issuing permits for ocean

disposal for private/federal actions and

a public review process for their own

actions.

For the Tampa ODMDS, the COE and

EPA would evaluate all federal dredged

material disposal projects pursuant to

the EPA criteria given in the Ocean

Dumping Regulations (40 CFR parts 220

through 229) and the COE regulations

(33 CFR 209.120 and parts 335–338).

The COE then issues Marine Protection,

Research, and Sanctuaries Act (MPRSA)
25148 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations

permits after compliance with

regulations is determined to private

applicants for the transport of dredged

material intended for ocean disposal.

EPA has the right to disapprove any

ocean disposal project if, in its

judgment, the MPRSA environmental

criteria (Section 102(a)) or conditions of

designation (Section 102(c)) are not met.

The FEIS discusses the need for this

site designation and examines ocean

disposal site alternatives to this action.

Non-ocean disposal options have been

examined and are discussed in the FEIS.

EPA proposed the designation of this

site on January 13, 1995 (60 FR 3186).

The public comment period expired on

February 27, 1995. Only one letter was

received on the proposed designation of

the Tampa ODMDS. The letter, from the

U. S. Department of the Interior (DOI),

expressed concern that some of the

material may come from portions of the

channel that lie within the Federal

Outer Continental Shelf (OCS) and the

need to inform the DOI’s Minerals

Management Service (MMS) of such

activities. The DOI also expressed

concern that material coming from the

OCS and used for activities such as

beach nourishment could not be

removed without a mineral lease issued

by MSS. EPA believes that these

comments are pertinent only to the

COE’s permitting action that is

discussed previously and no response is

needed.

C. Site Designation

The site is located west of Tampa,

Florida, approximately 18 nautical

miles (nmi) offshore. The ODMDS

occupies an area of about 4 square

nautical miles (nmi 2), in the

configuration of an approximate 2 nmi

by 2 nmi square.

Water depths within the area average

22 meters (m). The coordinates of the

Tampa site are as follows:

27°32′27′′ N 83°06′02′′ W;

27°32′27′′ N 83°03′46′′ W;

27°30′27′′ N 83°06′02′′ W; and

27°30′27′′ N 83°03′46′′ W.

D. Regulatory Requirements

Pursuant to the Ocean Dumping

Regulations, 40 CFR 228.5, five general

criteria are used in the selection and

approval for continuing use of ocean

disposal sites. Sites are selected so as to

minimize interference with other

marine activities, to prevent any

temporary perturbations associated with

the disposal from causing impacts

outside the disposal site, and to permit

effective monitoring to detect any

adverse impacts at an early stage. Where

feasible, locations off the Continental

Shelf and other sites that have been

historically used are to be chosen. If, at

any time, disposal operations at a site

cause unacceptable adverse impacts,

further use of the site can be restricted

or terminated by EPA. The site conforms

to the five general criteria.

In addition to these general criteria in

§ 228.5, § 228.6 lists the 11 specific

criteria used in evaluating a disposal

site to assure that the general criteria are

met. Application of these 11 criteria

constitutes an environmental

assessment of the impact of disposal at

the site. The characteristics of the site

were reviewed in the proposed rule in

terms of these 11 criteria (the EIS may

be consulted for additional

information).

E. Site Management

Site management of the Tampa

ODMDS is the responsibility of EPA as

well as the COE. The COE issues

permits to private applicants for ocean

disposal; however, EPA/Region IV

assumes overall responsibility for site

management.

The Site Management and Monitoring

Plan (SMMP) for the Tampa ODMDS

was developed as a part of the process

of completing the EIS. This plan, the

result of partnering of the federal, state

and local authorities who have an

interest in ocean disposal and the

protection of marine resources, provides

procedures for both site management

and for the monitoring of effects of

disposal activities. The SMMP Team

will meet regularly to review the site

activities and make recommendations to

EPA and the COE on future management

and monitoring of the ODMDS. This

SMMP is intended to be flexible and

may be modified by the responsible

agency for cause. Copies of the SMMP

are available either separately or as part

of the EIS at the address given above.

F. Site Designation

The EIS concludes that the site may

appropriately be designated for use. The

site is compatible with the 11 specific

and 5 general criteria used for site

evaluation.

The designation of the Tampa site as

an EPA-approved ODMDS is being

published as Final Rulemaking. Overall

management of this site is the

responsibility of the Regional

Administrator of EPA/Region IV.

It should be emphasized that, if an

ODMDS is designated, such a site

designation does not constitute EPA’s

approval of actual disposal of material

at sea. Before ocean disposal of dredged

material at the site may commence, the

COE must evaluate a permit application

according to EPA’s Ocean Dumping

Criteria. EPA has the right to disapprove

the actual disposal if it determines that

environmental concerns under MPRSA

have not been met.

The Tampa ODMDS is not restricted

to disposal use by federal projects;

private applicants may also dispose

suitable dredged material at the ODMDS

once relevant regulations have been

satisfied. This site is restricted,

however, to suitable dredged material

from the greater Tampa, Florida

vicinity.

G. Regulatory Assessments

Under the Regulatory Flexibility Act,

EPA is required to perform a Regulatory

Flexibility Analysis for all rules that

may have a significant impact on a

substantial number of small entities.

EPA has determined that this action will

not have a significant impact on small

entities since the designation will only

have the effect of providing a disposal

option for dredged material.

Consequently, this Rule does not

necessitate preparation of a Regulatory

Flexibility Analysis.

Under Executive Order 12866, EPA

must judge whether a regulation is

‘‘major’’ and therefore subject to the

requirement of a Regulatory Impact

Analysis. This action will not result in

an annual effect on the economy of $100

million or more or cause any of the

other effects which would result in its

being classified by the Executive Order

as a ‘‘major’’ rule. Consequently, this

Rule does not necessitate preparation of

a Regulatory Impact Analysis.

This Final Rule does not contain any

information collection requirements

subject to Office of Management and

Budget review under the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

List of Subjects in 40 CFR Part 228

Environmental protection, Water

pollution control.

Patrick M. Tobin,

Acting Regional Administrator.

In consideration of the foregoing,

subchapter H of chapter I of title 40 is

amended as follows:

PART 228—[AMENDED]

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

adding paragraph (h)(18) to read as

follows:

§ 228.15 Dumping sites designated on a

final basis.

* * * * *

(h) * * *
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Rules and Regulations 25149

(18) Tampa, Florida; Ocean Dredged

Material Disposal Site llll Region

IV.

(i) Location:

27°32′27′′ N 83°06′02′′ W;

27°32′27′′ N 83°03′46′′ W;

27°30′27′′ N 83°06′02′′ W;

27°30′27′′ N 83°03′46′′ W.

(ii) Size: Approximately 4 square

nautical miles.

(iii) Depth: Approximately 22 meters.

(iv) Primary use: Dredged material.

(v) Period of use: Continuing use.

(vi) Restriction: Disposal shall be

limited to suitable dredged material

from the greater Tampa, Florida

vicinity. Disposal shall comply with

conditions set forth in the most recent

approved Site Management and

Monitoring Plan.

* * * * *

[FR Doc. 95–11678 Filed 5–10–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43–CFR Public Land Order 7142

[NV–930–1430–01; NV–56315]

Withdrawal of Public Land for

Administrative Site; Nevada

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order withdraws 40 acres

of public land from surface entry and

mining for a period of 20 years for the

Bureau of Land Management to protect

the Las Vegas Administrative Site in

Clark County.

EFFECTIVE DATE: May 11, 1995.

FOR FURTHER INFORMATION CONTACT:

Dennis Samuelson, BLM Nevada State

Office, P.O. Box 12000, Reno, Nevada

89520, 702–785–6507.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described public land is

hereby withdrawn from settlement, sale,

location, or entry under the general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)), to

protect the Bureau of Land Management

Las Vegas Administrative Site:

Mount Diablo Meridian

T. 20 S., R. 60 E.,

Sec. 22, SE1⁄4NW1⁄4.

The area described contains 40 acres in

Clark County.

2. The withdrawal made by this order

does not alter the applicability of those

public land laws governing the use of

the lands under lease, license, or permit,

or governing the disposal of their

mineral or vegetative resources other

than under the mining laws.

3. This withdrawal will expire 20

years from the effective date of this

order unless, as a result of a review

conducted before the expiration date

pursuant to Section 204(f) of the Federal

Land Policy and Management Act of

1976, 43 U.S.C. 1714(f) (1988), the

Secretary determines that the

withdrawal shall be extended.

Dated: May 1, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–11639 Filed 5–10–95; 8:45 am]

BILLING CODE 4310–HC–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 95026040–5040–01; I.D.

050595C]

Groundfish of the Bering Sea and

Aleutian Islands Area; Pacific Cod by

Vessels Using Hook-and-Line Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the entire

Bering Sea and Aleutian Islands

management area (BSAI) to directed

fishing with hook-and-line gear for

Pacific cod. This action is necessary

because U.S. fishing vessels

participating in the Pacific cod hookand-line fishery in the BSAI have caught

the second seasonal bycatch allowance

of Pacific halibut.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 7, 1995, until 12 noon,

A.l.t., September 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands (FMP)

prepared by the North Pacific Fishery

Management Council under authority of

the Magnuson Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at 50 CFR parts

620 and 675.

The second seasonal 1995 Pacific

halibut bycatch mortality allowance for

the hook-and-line Pacific cod fishery,

which is defined at § 675.21(b)(2)(ii)(A),

is 40 metric tons (60 FR 12149, March

6, 1995.

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(d), that U.S. fishing vessels

participating in the Pacific cod hookand-line fishery in the BSAI have caught

the second seasonal bycatch allowance

of Pacific halibut. Therefore, NMFS is

closing the entire BSAI to directed

fishing with hook-and-line gear for

Pacific cod.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 675.20(h).

Classification

This action is taken under 50 CFR

675.21 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 5, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–11578 Filed 5–5–95; 4:24 pm]

BILLING CODE 3510–22–P