[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Proposed Rules]
[Pages 8764-8765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4431]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-98-004]
RIN 2115-AE84


Regulated Navigation Area, Eagle Harbor, Bainbridge Island, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a permanent regulated 
navigation area on a portion of Eagle Harbor, Bainbridge Island, 
Washington. This regulated navigation area would be used to preserve 
the integrity of a clean sediment cap placed over contamined seabed as 
part of the remediation process at a U.S. Environmental Protection 
Agency (USEPA) superfund site. This regulated navigation area would 
prohibit activities that would disturb the seabed, such as anchoring, 
dredging, or laying cable, with the exception of EPA managed remedial 
design, remedial action, habitat mitigation, or monitoring activities 
associated with the Wyckoff/Eagle Harbor Superfund Site. It would not 
affect transit or navigation of the area.

DATES: Comments must reach the Coast Guard on or before April 26, 1999. 
You may mail comments to U.S. Coast Guard Marine Safety Office Puget 
Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington 98134, 
or deliver them to room 422 at the same address between 7 a.m. & 5 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (206) 217-6232.

ADDRESSES: Comments and documents referred to in this preamble will 
become part of this docket and are available for inspection and copying 
at U.S. Coast Guard Marine Safety Office Puget Sound, 1519 Alaskan Way 
South, Building 1, Seattle, Washington 98134. Normal office hours are 
between 7 a.m. and 5 p.m., Monday through Friday, except federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT Paul M. Stocklin, Jr., c/o Captain 
of the Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 
98134, (206) 217-6232.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names, addresses, 
identify this rulemaking (CGD13-98-004) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit all comments and attachments in an unbound 
format, no larger than 8 by 11 inches, suitable for copying and 
electronic filing. Persons wanting acknowledgment of receipt of 
comments should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Office at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Wyckoff/Eagle Harbor Superfund site is located on the east side 
of Bainbridge Island, in Central Puget Sound, Washington. The site 
includes a former 40-acre wood-treating facility, contaminated 
sediments in adjacent Eagle Harbor, and other upland sources of 
contamination to the harbor, including a former shipyard.
    Part of the remediation process for this site consists of covering 
the contaminated sediments in Eagle Harbor with a layer of clean 
medium-to-coarse grained sand approximately one-meter (3-feet) thick. 
This cap is used to isolate contaminants and limit their vertical 
migration and release into the water column. The cap will also limit 
the potential for marine organisms to reach the contaminated sediment.

Discussion of Proposed Rules

    The proposed rule would establish a permanent regulated navigation 
area which would restrict activities such as anchoring, salvage, or 
dredging which would disturb the sediment cap covering the contaminated 
seabed. The regulation would not affect normal transit or navigation of 
the area. The Wyckoff facility is located on the point of land that 
forms the southeastern border of Eagle Harbor. The sediment cap 
includes approximately 2600 feet of shoreline extending approximately 
2800 feet into the harbor. This area is seldom used as an anchorage 
site as it is in relatively unprotected water near the mouth of the 
harbor.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The proposed rule would not affect normal transit or 
navigation of the area and the only property involved is that of the 
former Wyckoff facility. The area is not a designated anchorage ground 
nor special anchorage area and was seldom used as an anchorage site as 
it is relatively unprotected water immediately adjacent the harbor 
entrance.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include 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.
    This proposed rule would not affect transit or navigation of the 
area. Rather, it would prohibit activities that would disturb the 
seabed, such as anchoring, dredging, or laying cable. The area is not

[[Page 8765]]

a designated anchorage ground nor special anchorage area and was seldom 
used as an anchorage site as it is relatively unprotected water 
immediately adjacent the harbor entrance.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposed rule will economically affect it.

Collection of Information

    This rule contains no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Analysis

    The Coast Guard has considered the environmental impact of this 
rule and has concluded that, under figure 2-1, paragraph (34)(g), of 
COMDTINST M16475.1C, this proposed rule is categorically excluded from 
further environmental documentation. A Categorical Exclusion is 
provided for regulations establishing Regulated Navigation Areas. This 
particular regulated navigation area is proposed for the purpose of 
preserving the remediation efforts at an USEPA Superfund Site. The 
proposed rule itself will not cause nor introduce any environmental 
impacts and will be transparent in all regards except for prohibiting 
activities which could disturb the seabed within the established 
boundaries of the site.
    The USEPA has determined that there will be no significant 
environmental impact arising from the creation of an RNA designed to 
protect the sediment cap. The actual placement of the cap in Eagle 
Harbor was determined by USEPA to provide an environmental benefit to 
the area by allowing organisms to colonize the clean sediments of the 
cap (``The Proposed Plan for Cleanup of Eagle Harbor''--December 16, 
1991). USEPA's authority to place the cap is expressed in a publicly 
available document known as a ``Removal Action Memorandum'' dated June 
15, 1993, and additional information is available at the Marine Safety 
Office at the address under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.1309 is added to read as follows:


Sec. 165.1309  Eagle Harbor, Bainbridge Island, WA.

    (a) Regulated area. A regulated navigation area is established on 
that portion of Eagle Harbor bounded by a line beginning at: 47 deg. 
36' 56'' N, 122 deg. 30' 36'' W; thence to 47 deg. 37' 11'' N, 122 deg. 
30' 36'' W; thence to 47 deg. 37' 25'' N, 122 deg. 30' 17'' W; thence 
to 47 deg. 37' 24'' N, 122 deg. 30' 02'' W; thence to 47 deg. 37' 16'' 
N, 122 deg. 29' 55'' W; thence to 47 deg. 37' 03'' N, 122 deg. 30' 02'' 
W; thence returning along the shoreline to point of origin. [Datum NAD 
1983].
    (b) Regulations. All vessels and persons are prohibited from 
anchoring, dredging, laying cable, dragging, seining, bottom fishing, 
conducting salvage operations, or any other activity which could 
potentially disturb the seabed in the designated area. Vessels may 
otherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, upon advice from 
the USEPA Project Manager and the DNR, may, upon written request, 
authorize a waiver from this section if it is determined that the 
proposed operation supports USEPA remedial objectives, or can be 
performed in a manner that ensures the integrity of the sediment cap. A 
written request must describe the intended operation, state the need, 
and describe the proposed precautionary measures. Requests should be 
submitted in triplicate, to facilitate review by EPA, Coast Guard, and 
Washington State Agencies. USEPA managed remedial design, remedial 
action, habitat mitigation, or monitoring activities associated with 
the Wyckoff/Eagle Harbor Superfund Site are excluded from the waiver 
requirement. USEPA is required, however, to alert the Coast Guard in 
advance concerning any of the above-mentioned activities that may, or 
will, take place in the Regulated Area.

    Dated: January 13, 1999.
Paul M. Blayney,
Rear Admiral, USCG, 13th District Commander.
[FR Doc. 99-4431 Filed 2-22-99; 8:45 am]
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