Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules 30753 

§ 117.123(b)(1). The remote drawbridge 

operator shall keep all approaching 

vessels informed of the position of the 

drawbridge span. 

* * * * * 

Dated: May 10, 2010. 

James E. Tunstall, 

Captain, U.S. Coast Guard, Commander, 8th 

Coast Guard Dist. Acting. 

[FR Doc. 2010–13121 Filed 6–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0747] 

RIN 1625–AA11 

Regulated Navigation Area; Thea Foss 

and Wheeler-Osgood Waterways EPA 

Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking; request for 

comments. 

SUMMARY: The Coast Guard is revising 

its proposed rule that would establish a 

permanent regulated navigation area 

(RNA) on portions of the Thea Foss and 

Wheeler-Osgood Waterways in 

Commencement Bay, Tacoma, 

Washington. The RNA would protect 

the seabed in portions of those 

waterways that are subject to the U.S. 

Environmental Protection Agency’s 

(EPA’s) Commencement Bay Nearshore/ 

Tideflats superfund cleanup 

remediation efforts. To more effectively 

protect those efforts, the Coast Guard is 

revising the proposed rule by slightly 

expanding the boundaries of the 

proposed RNA. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 2, 2010. Requests for 

public meetings must be received by the 

Coast Guard on or before July 2, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0747 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call ENS Ashley Wanzer, 

Waterways Management, Sector Seattle, 

Coast Guard; telephone 206–217–6175, 

e-mail SectorSeattleWWM@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0747), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2008–0747’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go 

tohttp://www.regulations.gov, click on 

the ‘‘read comments’’ box, which will 

then become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2008– 

0747’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before July 2, 2010 using 

one of the four methods specified under 

ADDRESSES. Please explain why you 

believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

The Coast Guard published a notice of 

proposed rulemaking (NPRM) entitled 

‘‘Regulated Navigation Area; Thea Foss 

and Wheeler-Osgood Waterways EPA 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
30754 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules 

Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA’’ in 

the Federal Register (73 FR 162, Aug. 

20, 2008), docket number USCG–2008– 

0747. We received one comment on the 

NPRM. 

Background and Purpose 

The purpose of the proposed RNA is 

to preserve the integrity of the clean 

sediment caps placed over certain areas 

of the Thea Foss and Wheeler-Osgood 

Waterways as part of the EPA’s 

Commencement Bay Nearshore/ 

Tideflats superfund cleanup 

remediation process in those waters. 

These caps consist of approximately 

three feet of sand and gravel, designed 

to withstand activities common to a 

working waterfront, covering 

approximately 30 acres of sediment in 

the waterway. 

Discussion of Comments and Change 

During the comment period for the 

NPRM, the Coast Guard received one 

comment from the City of Tacoma, 

which requested to be included in any 

consultation over the grant of a waiver 

under the proposed RNA. We have 

revised the proposed waiver provisions 

in this supplemental NPRM (SNPRM) to 

eliminate details of the waiver decision 

process that are inappropriate for 

regulatory text and subject to 

intergovernmental or other agreements. 

At the same time, we restate our 

commitment to avoid granting any 

waiver that could unduly jeopardize the 

superfund site remediation efforts that 

underlie the whole concept of the 

proposed RNA, and we would consult 

with the City of Tacoma and 

stakeholders as needed and appropriate 

to safeguard those efforts. 

Discussion of Proposed Rule 

The proposed RNA would prohibit 

activities that could disturb the seabed 

or the sediment caps, such as anchoring, 

dragging, trawling, or spudding. It 

would not affect transit or navigation of 

the area. In this SNPRM, we have 

slightly expanded the boundaries 

initially proposed for the RNA, to 

include buffer zones around EPA’s 

sediment caps. We have also simplified 

the proposed waiver provisions, while 

restating our intention that any waivers 

be consistent with the EPA’s 

remediation efforts in the area. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. This expectation is based on the 

fact that the RNA established by the rule 

would encompass a small area that 

should not impact commercial or 

recreational traffic, and prohibited 

activities are not routine for the 

designated areas. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 

5 U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule would affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels intending to anchor, 

dredge, spud, lay cable or disturb the 

seabed in any fashion when this rule is 

in effect. The RNA would not have a 

significant economic impact on small 

entities due to its minimal restrictive 

area and ample opportunities for 

avoiding this region. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the (FOR FURTHER INFORMATION

CONTACT) section. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules 30755 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

This proposed rule involves no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, we 

believe that this rule should be 

categorically excluded, under figure 

2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. As a proposal to 

establish a regulated navigation area, 

this rule meets the criteria outlined in 

paragraph (34)(g). 

Comments on this section will be 

considered before we make the final 

decision on whether this rule should be 

categorically excluded from further 

environmental review. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.1329 to read as follows: 

§ 165.1329 Regulated Navigation Area; 

Thea Foss and Wheeler-Osgood Waterways 

EPA Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA. 

(a) Regulated Areas. The following 

areas are regulated navigation areas: 

(1) All waters of the Thea Foss 

Waterway bounded by a line connecting 

the following points: 

Point 1: 47°15′43.49′′ N, 122°26′23.29′′ 

W; 

Point 2: 47°15′44.59′′ N, 122°26′19.89′′ 

W; 

Point 3: 47°15′39.01′′ N, 122°26′15.99′′ 

W; 

Point 4: 47°15′37.91′′ N, 122°26′19.39′′ 

W; 

[Datum: NAD 1983]. 

(2) All waters of the Thea Foss 

Waterway bounded by a line connecting 

the following points: 

Point 1: 47°15′22.74′′ N, 122°25′57.15′′ 

W; 

Point 2: 47°15′22.52′′ N, 122°26′0.18′′ W; 

Point 3: 47°15′18.05′′ N, 122°25′59.48′′ 

W; 

Point 4: 47°15′18.26′′ N, 122°25′56.45′′ 

W; 

[Datum: NAD 1983]. 

(3) All waters of the Thea Foss and 

Wheeler-Osgood Waterways south of a 

line bounded by connecting the 

following points: 

Point 1: 47°15′13.94′′ N, 122°26′05.56′′ 

W; 

Point 2: 47°15′15.01′′ N, 122°25′55.14′′ 

W. 

[Datum: NAD 1983]. 

(b) Regulations. 

(1) All vessels and persons are 

prohibited from activities that would 

disturb the seabed, such as anchoring, 

dragging, trawling, spudding, or other 

activities that involve disrupting the 

integrity of the sediment caps installed 

in the designated regulated navigation 

area, pursuant to the remediation efforts 

of the U.S. Environmental Protection 

Agency (EPA) and others in the Thea 

Foss and Wheeler-Osgood Waterways 

EPA superfund cleanup site. Vessels 

may otherwise transit or navigate within 

this area without reservation. 

(2) The prohibition described in 

paragraph (b)(1) of this section does not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the Thea Foss or WheelerOsgood Waterways superfund sites, 

provided that the Captain of the Port, 

Puget Sound (COTP), is given advance 

notice of those activities by the EPA. 

(c) Waiver. Upon written request 

stating the need and proposed 

conditions of the waiver, and any 

proposed precautionary measures, the 

COTP may authorize a waiver from this 

section if the COTP determines that the 

activity for which the waiver is sought 

can take place without undue risk to the 

remediation efforts described in 

paragraph (b)(1) of this section. The 

COTP will consult with EPA in making 

this determination when necessary and 

practicable. 

Dated: April 30, 2010. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–12978 Filed 6–1–10; 8:45 am] 

BILLING CODE 9110–04–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS