Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62827 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0293] 

RIN 1625–AA11 

Regulated Navigation Area; Slip 4 

Early Action Area Superfund Site, 

Lower Duwamish Waterway, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) on a portion of the Lower 

Duwamish Waterway in Seattle, 

Washington. The RNA will protect the 

riverbed in the U.S. Environmental 

Protection Agency’s (EPA) Slip 4 Early 

Action Area (EAA). This RNA would 

prohibit activities that could disrupt the 

integrity of the engineered sediment and 

slope caps that have been placed within 

the Slip 4 EAA. These activities include 

vessel grounding, anchoring, dragging, 

trawling, spudding or other such 

activities that would disturb the 

riverbed. It will not affect transit or 

navigation of this area. 

DATES: This rule is effective November 

20, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0293]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LTJG Johnny Zeng, Coast Guard 

Sector Puget Sound, Waterways 

Management Division, U.S. Coast 

Guard; telephone (206) 217–6175, email 

SectorPugetSoundWWM@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard received notice from 

the U.S. EPA on February 28, 2013, 

requesting the establishment of a RNA 

for Slip 4 EAA located in the Lower 

Duwamish Waterway Superfund Site, 

Seattle, Washington. This request was 

received as a result of the need to 

protect the riverbed in the Lower 

Duwamish Waterway (LDW) from 

activities that could disrupt the integrity 

of the engineered sediment and slope 

caps that have been placed within the 

Slip 4 EAA to isolate underlying 

contaminated sediments. 

The LDW was added to the U.S. EPA’s 

National Priorities List (Superfund) in 

September 2001 because of hazardous 

substance contamination in sediments. 

Slip 4 was subsequently identified by 

the EPA and the Washington 

Department of Ecology as EAA within 

the LDW, based primarily on elevated 

concentrations of polychlorinated 

biphenyls (PCBs). Slip 4 EAA cleanup 

activities were conducted pursuant to 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), under U.S. EPA’s nontime-critical removal action (NTCRA) 

authority. In May 2006, U.S. EPA issued 

an Action Memorandum containing its 

removal action decision for the Slip 4 

EAA. The Slip 4 EAA removal action 

was conducted by the City of Seattle 

(City) under an administrative 

settlement agreement and order on 

consent (ASAOC), CERCLA Docket No. 

10–2006–0364. 

The selected removal action required 

dredging, excavation, and offsite 

disposal of 17,202 tons of contaminated 

sediment, shoreline, soil, and creosotetreated timber piles and other debris, 

and placement of engineered sediment 

and slope caps throughout the EAA 

(approximately 3.43 acres) to isolate 

residual sediment contamination within 

the EAA. In addition, the removal action 

included demolition and removal/

recycling of a portion of an aging 

concrete pier and supporting piling on 

the northwest bank of the slip, and 

creation of two intertidal beach areas 

and other shallow-water areas to 

improve habitat conditions in the slip. 

Construction activities were initiated in 

October 2011 and completed in 

February 2012. A Removal Action 

Completion Report documenting the 

cleanup activities was completed and 

approved by the U.S. EPA in July 2012. 

On April 22, 2014, an NPRM, 

Navigation Areas: Slip 4 EAA 

Superfund Site, Seattle, WA, was 

published. The Coast Guard received no 

comments on the NPRM and no requests 

for public meeting. No changes were 

made to the rule published in the 

NPRM. 

B. Basis and Purpose 

Coast Guard District Commanders are 

granted authority under 33 CFR 165.11 

to regulate vessel traffic in areas with 

hazardous conditions. This rule is 

necessary to prevent disturbance of the 

Slip 4 EAA sediment and slope caps. 

Disruption of the caps may result in a 

hazardous condition and harm to the 

marine environment. As such, this RNA 

is necessary to protect the caps and will 

do so by prohibiting maritime activities 

that could disturb or damage them. This 

RNA is similar to RNAs which protect 

other caps in the area. Enforcement of 

this RNA will be managed by Coast 

Guard Sector Puget Sound assets 

including Vessel Traffic Service Puget 

Sound through radar and closed circuit 

television sensors. 

C. Discussion of Comments, Changes 

and the Final Rule 

The Coast Guard is establishing a 

permanent RNA in the LDW to protect 

the sediment and slope caps in the Slip 

4 EAA, Superfund Site (EPA ID No. 

WA0002329803). It will do so by 

restricting anchoring, dragging, 

trawling, spudding or other activities 

that could disrupt the integrity of the 

caps and the underlying contaminated 

sediments located in the RNA. No 

comments were received by the Coast 

Guard on this rule. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes or 

executive orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 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 the prohibited 


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62828 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

activities are not routine for the 

designated areas. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rule. The Coast Guard certifies 

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

not have a significant economic impact 

on a substantial number of small 

entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to anchor, drag, 

dredge, trawl, spud, or disturb the 

riverbed in any fashion when this rule 

is in effect. The RNA will not have a 

significant economic impact on small 

entities due to its minimal restrictive 

area and the opportunity for a waiver to 

be granted for any legitimate use of the 

riverbed. 

3. 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 rule. If the rule 

affects 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, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

would not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

8. Taking of Private Property 

This rule would not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This 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. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule was determined to have 

potential tribal implications under 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments, because it regulates 

navigation on waters subject to treaty 

fishing rights held by Indian Tribal 

Governments. The Coast Guard and EPA 

consulted with the Muckleshoot and 

Suquamish Tribes. To accommodate 

treaty fishing activity in usual and 

accustomed places, which fall within 

the area covered by the sediment cap, 

the Coast Guard included an exception 

for treaty fishing activity by Indian 

Tribes holding such fishing rights. 

12. Energy Effects 

This rule is not a ‘‘significant energy 

action’’ under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this 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 that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

involves a regulated navigation area 

which prevents activities which would 

disturb the riverbed within the areas 

outlined in this regulation. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 


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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62829 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 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. 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.1338 to read as follows: 

§ 165.1338 Regulated Navigation Area; 

Slip 4 Early Action Area Superfund Site, 

Lower Duwamish Waterway, Seattle, WA. 

(a) Regulated Areas. The following 

areas are regulated navigation areas: All 

waters within the northern portion of 

Slip 4 bounded by the shoreline and the 

southern boundary of the Early Action 

Area defined as the line beginning at a 

point on the shore at 47°32′08.47′′ N, 

122°19′12.00′′ W; thence southeast to a 

point on the shoreline at 47°32′07.02′′ N, 

122°19′09.23′′ W (Datum: NAD 1983/

91). 

(b) Regulations. (1) All vessels and 

persons are prohibited from grounding, 

anchoring, dragging, trawling, spudding, 

or otherwise contacting the riverbed 

within the designated regulated 

navigation area. Vessels may otherwise 

transit or navigate within this area in 

accordance with the Navigation Rules. 

(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 superfund sites, provided 

that the Captain of the Port, Puget 

Sound (COTP), is given advance notice 

of those activities by the Environmental 

Protection Agency. 

(3) The prohibition described in 

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

apply to vessels or person engaged in 

fishing activities pursuant to fishing 

rights held by treaty with the United 

States. 

(c) Waivers. 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: October 2, 2014. 

R.T. Gromlich, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2014–25003 Filed 10–20–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0492] 

RIN 1625–AA00 

Safety Zone; Portland Dragon Boat 

Races, Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a safety zone in Portland, 

OR. This safety zone is necessary to 

help ensure the safety of the maritime 

public during the annual marine event 

and will do so by prohibiting 

unauthorized persons and vessels from 

entering the regulated area unless 

authorized by the Sector Columbia River 

Captain of the Port or his designated 

representatives. 

DATES: This rule is effective without 

actual notice October 21, 2014. For the 

purposes of enforcement, actual notice 

will be used from the date the rule was 

signed, September 4, 2014 until October 

21, 2014. 

Comments and related material must 

be received by the Coast Guard on or 

before November 20, 2014. 

Requests for public meetings must be 

received by the Coast Guard on or before 

October 28, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of Docket Number 

USCG–2014–0492. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ on the line associated with this 

rulemaking. 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. 

You may submit comments identified 

by docket number USCG–2014–0492 

using any one of the following methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: 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. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

366–9329. See the ‘‘Public Participation 

and Request for Comments’’ portion of 

the SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Kenneth Lawrenson, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email msupdxwwm@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. 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. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at 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, 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 


asabaliauskas on DSK5VPTVN1PROD with RULES