[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52861-52862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25171]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-95-026]


Safety Zones; USX Superfund Site on the St. Louis River

AGENCY: Coast Guard, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The Coast Guard is establishing two safety zones in segments 
of the St. Louis River near Duluth, Minnesota, in areas which are part 
of the USX Superfund Site, in order to protect the public from the 
effects of contaminated sediments at that site. Navigation of vessels 
through the zones is prohibited. Swimming and fishing are prohibited 
within the zones. Although this regulation is being made effective 
immediately in order to protect public health, the public is invited to 
comment on this action and the Coast Guard will consider changes in 
this action in response to any comments received.

DATES: This rule is effective on August 31, 1995. Comments on this rule 
must be received on or before December 15, 1995.

ADDRESSES: Comments and supporting materials should be mailed or 
delivered to Lieutenant (junior grade) Anthony Beatrez, U.S. Coast 
Guard Marine Safety Office, 600 S. Lake Ave., Canal Park, Duluth, MN 
55802. Please reference the name of the proposal and the docket number 
in the heading above. If you wish receipt of your mailed comments to be 
acknowledged, please include a stamped, self-addressed envelope or 
postcard for that purpose. Comments and materials received will be 
available for public inspection at the above location from 9 a.m. to 3 
p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Anthony 
Beatrez, U.S. Coast Guard Marine Safety Office, 600 S. Lake Ave., Canal 
Park, Duluth, MN 55802, (218) 720-5286.

SUPPLEMENTARY INFORMATION: 

Immediate Effect of Regulation

    In accordance with 5 U.S.C. 553, a Notice of Proposed Rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days from the date of publication. 
Following normal rulemaking procedures would have been contrary to the 
public interest because the existence of contaminated sediments at this 
site constitutes an immediate danger to the health of any person 
swimming in the area or consuming fish from the area. In addition, it 
is expected that creation of these limited safety zones will have 
minimal effects on public use of the waterway.

Request for Comments

    Although this regulation is published as a final rule without prior 
notice, an opportunity for public comment is nevertheless desirable in 
order to insure that the regulation is both reasonable and workable. 
Accordingly, the Coast Guard encourages interested persons to 
participate in this rulemaking by submitting comments which may consist 
of data, views, arguments, or proposals for amendments to the proposed 
regulations. The Coast Guard does not currently plan to have a public 
hearing. However, consideration will be given to holding a public 
hearing if it is requested. Such a request should indicate how a public 
hearing would contribute substantial information or views which cannot 
be received in written form. If it appears that a public hearing would 
substantially contribute to this rulemaking and there is sufficient 
time to publish a notice, the Coast Guard will announce such a hearing 
by a later notice in the Federal Register.

Background and Purpose

    The USX Superfund Clean-up Site is a 640-acre site located about 
five miles southwest of the Duluth central business district. The St. 
Louis River runs along the east and south sides of the site; the river 
empties into Lake Superior about eight miles downstream of the site. 
The Duluth subdivisions of Gary and New Duluth are located to the 
southwest of the site; the subdivisions of Morgan Park and Smithsville 
are immediately adjacent to the site to the north and northwest, 
respectively. U.S. Steel and Duluth Works operated a large integrated 
steel mill on the site from about 1915 until 1979. Operations included 
coke and iron production, open hearth steel production, wire rolling, 
and wire milling. Although the Duluth Works operation closed in 1979, 
the Hallett Co. continued to operate a wire mill on the site until 
1987. Soil, sediments, surface water, and ground water at the site are 
contaminated with coke and tar products which contain high 
concentrations of polycyclic aromatic hydrocarbons (PAHs). Sediments 
also contain elevated levels of heavy metals. PAHs include 
phenanthrene, acenaphthene, and fluoranthene. The Minnesota Department 
of Health (MDH) has determined that the site is a public health concern 
from possible exposure to hazardous substances via dermal contact, 
ingestion, or inhalation of contaminated soil or sediments. Therefore, 
based on advice from MDH, the Coast Guard Captain of the Port in Duluth 
has determined that swimming or fishing in the designated areas is 
unsafe. In addition, to prevent agitation of the bottom and further 
spreading of contaminated sediments, vessel traffic through the areas 
is prohibited.

Drafting Information

    The drafters of this regulation are Lieutenant (junior grade) 
Anthony Beatrez, U.S. Coast Guard Marine Safety Office, Duluth, and 
Commander Eric Reeves, Chief, Port & Environmental Safety Branch, Ninth 
Coast Guard District.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.c of Coast Guard 
Commandant Instruction M16475.1B, it is categorically excluded from 
further environmental documentation, and has so certified in the docket 
file. This regulatory action is being taken to protect the public from 
the danger posed by contamination at the site and is designed to limit 
the existing threat to the environment.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this regulation does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment. This routine use 
of traditional and well-recognized Coast Guard authority over the 
navigable waters is being taken on the advice of, and in consultation 
with, the Minnesota Department of Health.

Regulatory Evaluation

    This regulation is considered to be nonsignificant under Executive 
Order 12866 on Regulatory Planning and Review and nonsignificant under 

[[Page 52862]]
Department of Transportation regulatory policies and procedures (44 FR 
11034 of February 26, 1979). There are few if any persons currently 
using the area for swimming or fishing, and any restrictions on vessel 
movement will be temporary. The safety zones do not extend into the 
main navigation channel. Therefore, any restriction on vessel transit 
will have minimal, if any, effect.

Small Entities

    The economic impact of this regulation is expected to be so minimal 
that a full regulatory evaluation is unnecessary. Since the impact of 
this regulation is expected to be minimal, the Coast Guard certifies 
that, if adopted, it will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This regulation will impose no collection of information 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Security measures, 
Vessels, Waterways.

Regulations

    In consideration of the foregoing, the Coast Guard amends Subpart F 
of Part 165 of title 33, Code of Federal Regulations as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new Sec. 165.905 is added to read as follows:


Sec. 165.905  USX Superfund Cite Safety Zones: St. Louis River.

    (a) The following areas of the St. Louis River, within the 
designated boxes of latitude and longitude, are safety zones:
    (1) Safety Zone #1 (North Spirit Lake):

North Boundary: 46 deg.41'33'' W
South Boundary: 46 deg.41'18'' W
East Boundary: 92 deg.11'53'' W
West Boundary: 92 deg.12'11'' W

    (2) Safety Zone #2 (South Spirit Lake):

North Boundary: 46 deg.40'45'' N
South Boundary: 46 deg.40'33'' N
East Boundary: 92 deg.11'40'' W
West Boundary: 92 deg.12'05'' W

    (b) Transit of vessels through the waters covered by these zones is 
prohibited. Swimming (including water skiing or other recreational use 
of the water which involves a substantial risk of immersion in the 
water) or taking of fish (including all forms of aquatic animals) from 
the waters covered by these safety zones is prohibited at all times.

    Dated: August 31, 1995.
D.S. Gilbert,
Captain, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 95-25171 Filed 10-10-95; 8:45 am]
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