[Federal Register Volume 68, Number 177 (Friday, September 12, 2003)]
[Proposed Rules]
[Pages 53687-53696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22645]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-7553-9]


Ocean Disposal; Proposed Designation of Dredged Material Disposal 
Sites in the Central and Western Portions of Long Island Sound, CT

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA today proposes to designate two dredged material disposal 
sites; Central Long Island Sound (CLIS) and Western Long Island Sound 
(WLIS) located offshore from New Haven and Stamford, Connecticut, 
respectively, for the disposal of suitable dredged material removed 
from the central and western

[[Page 53688]]

portions of the Long Island Sound region of Connecticut, New York and 
other nearby harbors or dredging sites. This action is necessary to 
provide long-term dredged material disposal sites for the current and 
future disposal of this material. The proposed site designations are 
for an indefinite period of time. The sites are subject to continuing 
monitoring to ensure that unacceptable, adverse environmental impacts 
do not occur. The proposed action is described in the Draft 
Environmental Impact Statement (DEIS), and the monitoring plans are 
described in the CLIS and WLIS Site Management and Monitoring Plans 
(SMMPs). The SMMPS are provided as appendix J of the DEIS. Site 
designation does not itself actually authorize the disposal of any 
particular dredged material at a site. Proposals to dispose of dredged 
material at a designated site is subject to project--specific reviews 
and authorization and still must satisfy the criteria for ocean 
dumping.

DATES: Comments must be received by 5 p.m. on October 27, 2003. Public 
hearings dates:
    1. September 30, 2003 in NY from 1 p.m.--5 p.m. and 6 p.m.--10 p.m.
    1. October 1, 2003 in CT from 1 p.m.--5 p.m. and 6 p.m.--10 p.m.

ADDRESSES: Written comments should be sent to: Ms. Ann Rodney, U.S. 
Environmental Protection Agency New England Region, One Congress 
Street, Suite 1100 (CWQ), Boston, MA 02114-2023 or electronically to 
[email protected].
    The Public Hearing locations are:
    1. September 30, 2003--New York SUNY at Stony Brook, Stony Brook, 
NY 11794-1603. The meeting will be held inside the ``Charles B. Wang 
Asian-American Center''.
    2. October 1, 2003--Westin Stamford, One First Stamford Place, 
Stamford, CT 06902.

FOR FURTHER INFORMATION CONTACT: Ms. Ann Rodney, U.S. Environmental 
Protection Agency New England Region, One Congress Street, Suite 1100 
(CWQ), Boston, MA 02114-2023, telephone (617) 918-1538, electronic 
mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Public Review of Documents: The file supporting this proposed 
designation is available for inspection at the following locations:
    1. In person. The Proposed Rule and the Draft Environmental Impact 
Statement (DEIS) which includes the SMMPs (Appendix J), are available 
for inspection at the following locations: A. EPA New England Library, 
11th Floor, One Congress Street, Suite 1100 (CWQ), Boston, MA 02114-
2023. For access to the documents, call Peg Nelson at (617) 918-1991 
between 10 a.m. and 3 p.m. Monday through Thursday, excluding legal 
holidays, for an appointment. B. Mamaroneck Public Library Inc., 136 
Prospect Ave., Mamaroneck, NY. C. Port Jefferson Free Library, 100 
Thompson Street, Port Jefferson, NY. D. Bridgeport Public Library, 925 
Broad Street, Bridgeport, CT. E. Milford City Library, 57 New Haven 
Ave., Milford, CT. F. New Haven Free Public Library, 133 Elm Street, 
New Haven, CT. G. New London Public Library, 63 Huntington Street, New 
London, CT. H. Norwalk Public Library, 1 Belden Ave., Norwalk, CT. I. 
Acton Public Library, 60 Old Boston Post Road, Old Saybrook, CT. J. 
Ferguson Library, 752 High Ridge Road, Stamford, CT.
    2. Electronically. You also may review and/or obtain electronic 
copies of these documents and various support documents from the EPA 
home page at the Federal Register http://www.epa.gov/fedrgstr/, or on 
the EPA New England Region's homepage at http://www.epa.gov/region1/eco/lisdreg/

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 authority to designate sites where ocean disposal, 
also referred to interchangeably as ocean dumping, may be permitted. On 
October 1, 1986, the Administrator delegated authority to designate 
ocean dredged material disposal sites (ODMDS) to the Regional 
Administrator of the EPA Region in which the sites are located. The 
CLIS and WLIS sites are located within New England (EPA New England); 
therefore, this action is being taken pursuant to the Regional 
Administrator's delegated authority. EPA regulations (40 CFR 
228.4(e)(1)) promulgated under the MPRSA require, among other things, 
that EPA designate ocean dumping sites (ODMDS) by promulgation in 40 
CFR part 228. Designated ocean dumping sites are codified at 40 CFR 
228.15. This rule proposes to designate two sites for open water 
disposal of dredged materials. These sites are currently being used 
under the authority of MPRSA Section 103 and are located in the western 
and central regions of Long Island Sound.
    The primary authorities that govern the aquatic disposal of dredged 
material in the United States are the CWA and the MPRSA. All dredged 
material disposal activities in Long Island Sound, whether from Federal 
or non-Federal projects of any size, are subject to the requirements of 
section 404 of the CWA, 33 U.S.C. 1344. In 1980, the MPRSA was amended 
to add Section 106(f) to the statute. 33 U.S.C. 1416(f). This provision 
is commonly referred to as the ``Ambro Amendment,'' named after 
Congressman Jerome Ambro. MPRSA section 106(f), 33 U.S.C. 1416(f), was 
itself amended in 1990. As a result of this provision, the disposal of 
dredged material in Long Island Sound from both Federal projects 
(projects carried out under the Corps civil works program or the 
actions of other Federal agencies or from non-Federal projects 
involving more than 25,000 cubic yards (19,114 cubic meters) of 
material must satisfy the requirements of both CWA section 404 and the 
MPRSA. Disposal from non-Federal projects involving less than 25,000 
cubic yards (19,114 cubic meters) of material, however, are subject to 
CWA section 404 only.
    The two dredged material disposal sites in Long Island Sound being 
proposed in this action are necessary to provide long-term disposal 
options for the Corps to maintain deep-draft, international commerce 
and navigation through authorized federal navigation projects and to 
ensure safe navigation for public and private entities. One of the 
proposed sites is in the central portion of the sound, while the other 
is in the western portion of the sound.
    The sites will be subject to continuing site management and 
monitoring to ensure that unacceptable, adverse environmental impacts 
do not occur. The management of the sites is further described in the 
draft Site Monitoring and Management Plans (SMMPs) for CLIS and WLIS 
(appendix J of the DEIS). Documents being made available for public 
comment by EPA at this time include this proposed rule, DEIS, and Draft 
SMMPS (appendix J of DEIS).
    The designations are being proposed in accordance with 40 CFR 
228.4(e) of the Ocean Dumping Regulations, which allow EPA to designate 
ocean sites for disposal of dredged materials.

B. Regulated Entities

    Entities potentially regulated by the proposed rule are persons, 
organizations, or government bodies seeking to dispose of dredged 
material in waters of Long Island Sound, under the MPRSA and its 
implementing regulations. This proposed rule is expected to be 
primarily of relevance to (a) parties seeking permits from the Corps to 
transport dredged material for the purpose of disposal into the waters 
of the central and western regions of Long Island Sound, and (b) to the 
Corps itself for its own dredged material

[[Page 53689]]

disposal projects. Potentially regulated categories and entities that 
may seek to use the proposed dredged material disposal sites and would 
be subject to this Rule may include:

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                      Category                                Examples of potentially regulated entities
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Federal Government..................................  U.S. Army Corps of Engineers Civil Works Projects, and
                                                       Other Federal Agencies.
Industry and General Public.........................  Port Authorities, Marinas and Harbors, Shipyards, and
                                                       Marine Repair Facilities, Berth Owners.
State, local and tribal governments.................  Governments owning and/or responsible for ports, harbors,
                                                       and/or berths, Government agencies requiring disposal of
                                                       dredged material associated with public works projects.
----------------------------------------------------------------------------------------------------------------

    This table lists the types of entities that could potentially be 
regulated should the proposed rule become a final rule. EPA notes that 
nothing in this proposed rule alters the jurisdiction or authority of 
EPA or the types of entities regulated under the MPRSA. Questions 
regarding the applicability of this proposed rule to a particular 
entity should be directed to the contact person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section.

C. EIS Development

    Section 102(c) of the National Environmental Policy Act (NEPA) of 
1969, 42 U.S.C. 4321 et seq., requires that Federal agencies prepare an 
environmental impact statement (EIS) on proposals for major Federal 
actions significantly affecting environmental quality. The objective of 
NEPA is to build into agency decision-making process careful 
consideration of all environmental aspects of proposed actions, 
including evaluation of reasonable alternatives to the proposed action. 
While NEPA does not apply to EPA activities in designating ocean 
disposal sites under the MPRSA, EPA has voluntarily agreed as a matter 
of policy to conduct a NEPA environmental review in connection with 
ocean dumping site designations. (See 63 FR 58045 (October 29, 1998), 
``Notice of Policy and Procedures for Voluntary Preparation of National 
Environmental Policy Act (NEPA) Documents.'') Consistent with this 
policy, EPA, in cooperation with the U.S. Army Corps of Engineers, has 
prepared a DEIS entitled, ``Draft Environmental Impact Statement for 
the Designation of Dredged Material Disposal Sites in Central and 
Western Long Island Sound, Connecticut and New York, dated August 
2003'' which considers the environmental aspects of site designation in 
central and western LIS. A Notice of Availability of the DEIS for 
public review and comment is being published concurrently with this 
Proposed Rule in today's Federal Register. Anyone wishing to review a 
copy of the DEIS may do so in one of the ways described above (see 
ADDRESSES). The public comment period for this DEIS will close on 
October 27, 2003. The public comment period on the Proposed Rule 
Publication will also close on October 27, 2003. Comments may be 
submitted by one or more of the methods described above.
    The purpose of the proposed action is to designate open water 
disposal sites that will meet long-term dredged material disposal needs 
in LIS. The appropriateness of open water disposal for any specific, 
individual dredging project is determined on a case-by-case basis under 
the permit/authorization process governing the open water disposal of 
dredged material.
    Designation of an open water disposal site under 40 CFR part 228 is 
essentially a preliminary, planning measure. The practical effect of 
such a designation is only to require that if future ocean open water 
disposal activity is permitted under 40 CFR part 227, then such 
disposal should normally be consolidated at the designated sites (see 
33 U.S.C. 1413(b)). Designation of open water disposal sites does not 
authorize any actual disposal and does not preclude EPA or the Corps 
from finding available and environmentally preferable alternative means 
of managing dredged materials, or from finding that certain dredged 
material is not suitable for open water disposal under the applicable 
regulatory criteria. Nevertheless, EPA has determined that it is 
appropriate to designate open water disposal sites for dredged 
materials in the central and western Long Island Sound now, because it 
appears unlikely that feasible alternative means of managing dredged 
material will be available to accommodate the projected dredged 
material of this region in the future.
    Proposals for the open water disposal of dredged materials from 
individual projects are evaluated by EPA New England and the Corps' New 
England District on a case-by-case basis, taking into account all the 
alternatives available at the time of permitting. Beneficial reuse 
alternatives will be preferred over open water disposal whenever they 
are practicable.
    The DEIS describes the purpose and need for the proposed action and 
evaluates a number of alternatives to this action. EPA's analysis of 
alternatives considered several different potential open water disposal 
sites for dredged material from Connecticut and surrounding harbors, as 
well as potential alternative means of managing these dredged materials 
other than open water disposal. As described in the DEIS, the initial 
screening effort was established to consider the most environmentally 
sound, economically and operationally feasible area site designation. 
Alternatives evaluated included various marine sites, upland disposal, 
beneficial uses, and the no action alternative.
    In addition to considering reasonable distances to transport 
dredged material, the open water disposal analysis considered areas of 
critical resources as well as areas of incompatibility for use as a 
disposal site. This included but was not limited to such factors as the 
sensitivity and value of natural resources, geographically limited 
habitats, fisheries and shellfisheries, natural resources, shipping and 
navigation lanes, physical and environmental parameters, and economic 
and operational feasibility. The analysis was carried out in a tiered 
process. The final tier involved further analysis of the no action 
alternative and the following four open water alternative sites: 
Central LIS (CLIS), Milford, Bridgeport and Western LIS (WLIS). These 
sites were evaluated and two sites were selected as preferred 
alternatives for potential site designation. Management strategies were 
developed for the preferred alternatives and are described in the 
SMMPs.
    To obtain public input during the process, EPA and the Corps held 
public workshops and scoping meetings, as well as convened an EIS 
working group.

[[Page 53690]]

The purpose of the working group was to assist in identifying and 
evaluating the best long-term dredged material disposal options for 
Long Island Sound. Representatives from state, local, tribal and 
federal agencies were invited to participate in the working group as 
well as individuals representing other interests. The working group 
assembled for a series of five meetings between July 2000 and November 
2002. Comments received were factored into the development of the DEIS. 
The NEPA process led to the current proposal that CLIS and WLIS be 
designated as open water dredged material disposal sites.

D. Proposed Sites Descriptions

    The two sites, CLIS and WLIS, are proposed for designation. Draft 
SMMPS have been prepared for the two proposed open water disposal sites 
and are available for review and comment by the public. (Copies may be 
obtained by request from the FURTHER INFORMATION CONTACT listed in the 
introductory section to this proposed rule.) Use of newly-designated 
open water disposal sites would be subject to any restrictions included 
in the site designation and the approved SMMPs. These restrictions will 
be based on a thorough evaluation of the proposed sites pursuant to the 
Ocean Dumping Regulations and potential disposal activity as well as 
consideration of public review and comment.
    Central Long Island Sound (CLIS). The CLIS site proposed for long-
term designation by EPA is currently in operation under the Corps' 
short-term site selection authority. It has been one of the most active 
dredged material disposal sites in New England. Overall, CLIS has 
received close to 14 million cubic yards (11 million cubic meters) 
since 1941. The site was used prior to enactment of MPRSA in 1972 and 
continued to be used thereafter. Between 1982 and 2001 CLIS received 
approximately 7 million cubic yards (5.4 million cubic meters), with an 
average annual volume of 350,000 cubic yards (268,000 cubic meters). 
The site is a rectangular area, approximately 2 nautical miles by 1 
nautical mile, located 5.6 nautical miles south of South End Point near 
East Haven, Connecticut, in water depths from 59 to 74 feet (18 to 22.5 
meters). The sediments at the site are predominately uniform clayey 
silt with an area of mixed sand, clay and silt. These sediments are 
typical of those found in fine-grained depositional environments of the 
central basin of Long Island Sound. This proposed rule would designate 
the CLIS site with boundaries slightly changed from the current site. 
The CLIS boundary was reconfigured so that the northern boundary was 
moved by 700 feet (215 meters) and the eastern boundary was moved by 
1,230 feet (375 meters) in order to include two previously used 
disposal mounds (FVP, CS2) which are currently outside of the existing 
site boundaries. This reconfiguration will allow for management and 
monitoring of the FVP and CS2 mounds. The coordinates (North American 
Datum 1983: NAD 83) for the proposed CLIS site, are as follows:
CLIS
41[deg] 09'5'' N., 72[deg] 54'4'' W.
41[deg] 09'5'' N., 72[deg] 51'5'' W.
41[deg] 08'4'' N., 72[deg] 54'4'' W.
41[deg] 08'4'' N., 72[deg] 51'5'' W.
    Western Long Island Sound (WLIS). The WLIS site proposed for long-
term designation by EPA is currently in operation under the Corps' 
short-term site selection authority.
    The site is a rectangular area, 1.2 by 1.3 square nautical miles 
(2.2 by 2.4 kilometers) that has been used for dredged material 
disposal since 1982. After completion of an EIS, the site was 
established in 1982 as a regional dredged material disposal site to 
serve the needs of the western area of Long Island Sound. Between 1982 
and 2001, WLIS received 1.7 million cubic yards (1.3 million cubic 
meters), with an average annual volume of 85,000 cubic yards (65,000 
cubic meters). The site is located 2.7 nautical miles north of Lloyd 
Point, New York and 2.5 nautical miles (4.6 kilometers) south of Long 
Neck Point near Noroton, Connecticut, in water depths of 79 to 118 feet 
(24 to 30 meters). The sediments at the site are heterogeneous, with 
clay silt in the northeast corner and a mixture of sand-silt-clay in 
the center and southeast corner. These sediments are typical of those 
found in fine-grained depositional environments of the western basin of 
Long Island Sound. In addition to the ambient silts from this region, 
there are deposits of material of mixed grain sizes dredged from 
harbors and navigation channels throughout the western basin. This 
proposed rule would designate the WLIS site with boundaries which have 
been slightly reconfigured. The WLIS boundaries have been shifted to 
the west by approximately 1,106 feet (337 meters) and to the north by 
607 feet (185 meters). This shift move will relocate the WLIS site out 
of a rapidly shoaling area. The coordinates (North American Datum 1983: 
NAD 83) for the proposed WLIS site, are as follows:
WLIS
41[deg] 00'1'' N., 73[deg] 29'8'' W.
41[deg] 00'1'' N., 73[deg] 28'0'' W.
41[deg] 58'9'' N., 73[deg] 29'8'' W.
41[deg] 58'9'' N., 73[deg] 28'1'' W.

E. Analysis of Criteria Pursuant to the Ocean Dumping Act Regulatory 
Requirements

    Five general criteria are used in evaluating possible dredged 
material disposal sites for long-term use under the MPRSA (see 40 CFR 
228.5).

General Criteria (40 CFR 228.5)

    1. Minimize interference with other activities, particularly 
avoiding fishery areas or major navigation areas. The first of the five 
general criteria requires that a determination be made as to whether 
the site or its use will minimize interference with other uses of the 
marine environment. For this proposed rule, a determination was made to 
overlay individual uses and resources over GIS bathymetry and disposal 
site locations. This process was used to visually determine the maximum 
and minimum interferences with other uses of the marine environment 
that could be expected to occur. Both the CLIS and WLIS disposal sites 
showed minimum interference with other activities. The proposed sites 
do not interfere with lobster or fishing activities, although the areas 
surrounding the disposal sites provide good lobster habitat. The two 
proposed sites are also not located in shipping lanes or major 
navigation areas and otherwise have been selected to minimize 
interference with fisheries, shellfisheries and regions of commercial 
or recreational navigation.
    2. Minimize Changes in Water Quality. Temporary water quality 
perturbations (during initial mixing) caused by disposal operations 
would be reduced to normal ambient levels before reaching areas outside 
of the disposal site. The second of the five general criteria requires 
that locations and boundaries of disposal sites be selected so that 
temporary changes in water quality or other environmental conditions 
during initial mixing caused by disposal operations anywhere within a 
site can be expected to be reduced to normal ambient seawater levels or 
to undetectable contaminant concentrations or effects before reaching 
beaches, shorelines, sanctuaries, or geographically limited fisheries 
or shellfisheries. The proposed sites will be used only for dredged 
material disposal of suitable sediments as determined by application of 
MPRSA sediment quality criteria. No significant contaminant or 
suspended solids releases are expected. Based on data evaluated as part 
of the DEIS, disposal of either sandy or fine-grained material

[[Page 53691]]

would have no long-term impact on water quality at the proposed sites. 
In addition, dredged material deposited at the sites and water quality 
perturbations are not expected to reach any marine sanctuary, beach, or 
other important natural resource area.
    3. Interim Sites Which Do Not Meet Criteria. There are no interim 
sites to be considered under this criterion. The CLIS and WLIS proposed 
sites are not interim sites as defined under the Ocean Dumping 
regulations. 0
    4. Size of sites. The fourth general criterion requires that the 
size of open water disposal sites be limited to localize for 
identification and control any immediate adverse impacts and to permit 
the implementation of effective monitoring and surveillance programs to 
prevent adverse long-range impacts. Size, configuration and location is 
to be determined as part of the disposal site evaluation. For this 
proposed rule, EPA has determined, based on the information presented 
in the DEIS, that the sites have been sized to provide sufficient 
capacity to accommodate material dredged from the harbors and channels 
of Long Island Sound. The existing site boundaries of the CLIS site 
have been reconfigured to include two previously used disposal (FVP and 
CS2) mounds that were outside of the existing boundary. Inclusion of 
these mounds within the CLIS disposal site boundary will allow for 
management and monitoring of the mounds. The WLIS site has also been 
reconfigured. The WLIS boundaries were moved to the north west to avoid 
a rapidly shoaling area. The management and monitoring plans are 
described in the CLIS and WLIS SMMPs (Appendix J of the DEIS).
    5. EPA must, wherever feasible, designate dumping sites beyond the 
edge of the continental shelf and where historical disposal has 
occurred. The fifth criterion requires EPA, wherever feasible, to 
designate ocean dumping sites beyond the edge of the continental shelf 
and at other such sites that have historically been used. Sites beyond 
the edge of the continental shelf are not economically feasible due to 
the extended travel time and associated expense. In addition, the 
proposed sites, if designated, encompass the footprint of historically 
used sites. Thus, the proposed disposal sites are consistent with this 
criterion.
    As discussed briefly above, EPA has found that the CLIS and WLIS 
disposal sites satisfy the five general criteria described in 40 CFR 
228.5 of the EPA Ocean Dumping Regulations. More detailed information 
relevant to these criteria can be found in the DEIS and SMMPs.
    In addition to the general criteria discussed above, 40 CFR 
228.6(a) lists eleven specific factors to be used in evaluating a 
proposed disposal site under the MPRSA to assure that the five general 
criteria are met. The CLIS and WLIS sites, as discussed below, are also 
acceptable under each of the 11 specific criteria. The evaluation of 
the preferred disposal sites relevant to the 5 general and 11 specific 
criteria is discussed in substantially more detail in the DEIS.

Specific Criteria (40 CFR 228.6)

    1. Geographical Position, Depth of Water, Bottom Topography and 
Distance From Coast (40 CFR 228.6(a)(1)). The proposed CLIS site is a 
rectangular area approximately 2 nautical miles by 1 nautical mile, 
located 5.6 nautical miles south of South End Point near East Haven, 
Connecticut, in water depths from 59 to 74 feet (18 to 22.5 meters). 
The sediments at the site are predominately uniform clayey silt with an 
area of mixed sand, clay and silt. The seafloor at CLIS slopes from 
northwest to southeast. The proposed WLIS site is a rectangular area, 
of approximately 1 square nautical mile. The site is located 2.7 
nautical miles north of Lloyd Point, New York and 2.5 nautical miles 
(4.6 kilometers) south of Long Neck Point near Noroton, Connecticut, in 
water depths of 79 to 118 feet (24 to 30 meters). The sediments at the 
site are heterogeneous, with clay silt in the northeast corner and a 
mixture of sand-silt-clay in the center and southeast corner. These 
sediments are typical of those found in fine-grained depositional 
environments of the western basin of Long Island Sound. The seafloor at 
WLIS is a gentle downward sloping plane from north to south and is 
bisected by an axial depression that runs from east to west, dipping to 
118 feet (36 meters) in one quarter of the site in the southern half. 
EPA anticipates that disposal of dredged material placed at either of 
these sites would adhere to mound configuration. Each site will be 
managed based on its unique environmental conditions.
    2. Location in Relation to Breeding, Spawning, Nursery, Feeding, or 
Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR 
228.6(a)(2)). The Corps and EPA has initiated ESA and EFH consultation 
with publication of the DEIS in coordination with the National Marine 
Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS). 
Through coordination with the New York Department of Environmental 
Conservation, the Connecticut Department of Environmental Protection, 
NMFS and USFWS, data has been obtained on current threatened or 
endangered species in Long Island Sound. The many organisms at the 
proposed sites include zooplankton (copepods, tintinnids) and 
phytoplankton. These organisms display a range of abundance by season. 
The populations at or near the proposed sites are not unique to the 
sites and are present over most of the sound. It is expected that 
although small, short-term entrainment losses may occur immediately 
following disposal, no long term, adverse impacts to organisms in the 
water column will occur.
    The benthic community at these sites is comprised primarily of 
Annelida, Mollusca, and Crustacea. Abundance was greater at the WLIS 
site. It is expected that short-term reduction in abundance and 
diversity at the sites may occur immediately following disposal, but 
long term, adverse impacts to benthic organisms are not expected to 
occur.
    The sites are located off shore in a semi-enclosed estuary that is 
occupied by more than 83 fish species. Species richness did not vary 
change significantly among sites. Some fish species found to dominate 
the areas include winter flounder, windowpane flounder and scup. The 
American lobster is a primary shellfish resource in the sound. At the 
CLIS site, longfin squid were also abundant. It is expected that 
impacts to finfish resources will consist of short-term, local 
disruptions and the potential loss of some individual fish of certain 
non-migratory species. Most of the finfish species are migratory. It is 
expected that impacts to lobster will be short-term and associated with 
disposal, burial and loss of habitat or food.
    The coast supports a large number of resident and migratory marine 
and coastal birds. Dozens of marine and coastal birds migrate through 
Long Island Sound annually. In addition, LIS provides limited habitat 
for most marine mammals and reptiles. The species that are frequent or 
occasional visitors to the sound are harbor porpoises, long-finned 
pilot whales, seals and sea turtles (Kemp's ridley , loggerhead, 
leatherback and hawksbill).
    The federally listed threatened and endangered species or species 
of ``special concern'' which may occur within the area of the proposed 
sites include: humpback, fin, and right whales; loggerhead, green, 
Kemp's ridley, and hawksbill sea turtles; Atlantic and Shortnose 
sturgeons. No endangered birds are expected to occur in the area of the 
proposed sites.

[[Page 53692]]

Occurrence of these species varies by season. Use of the sites by 
whales and endangered birds would be incidental. The presence of sea 
turtles may occur in this area of the proposed sites during the summer 
and fall. It is not expected that dredging activities would have any 
significant adverse effect on these species or their critical habitat. 
Disposal at both of the proposed sites is expected to result in the 
mortality of benthic organisms as an immediate result of material 
burying organisms on the seafloor. However, recolonization at the 
disposal sites is expected to occur within a year or more after a 
disposal event. With respect to the other living resources that use the 
proposed CLIS and WLIS sites, the sites are not being located in areas 
that provide limited or unique breeding, spawning, nursery, feeding, or 
passage areas.
    3. Location in Relation to Beaches and Other Amenity Areas (40 CFR 
228.6(a)(3)). The CLIS and WLIS disposal sites are within the semi-
enclosed Long Island Sound estuary. The closest beaches, refuges, 
sanctuaries or areas of special concern are at least two nautical miles 
from either disposal site. The CLIS and WLIS disposal sites are 
approximately 6 nautical miles (11 kilometers) from the closest beaches 
(Short Beach and Calf Pasture Beach, respectively). For the CLIS 
disposal site, the closest refuge or sanctuary (approximately seven 
nautical miles) is the Outer Island Unit of the Stewart B. McKinney 
National Wildlife Refuge. Areas of special concern at the CLIS site 
include Quinnipiac River Marsh Wildlife Management Area, Great Harbor, 
Wildlife Management Area and Wild wood State Park. For the WLIS 
disposal site, the closest refuge or sanctuary is the Stewart B. 
McKinney National Wildlife Refuge, Caumsett State Park and Target Rock 
National Wildlife Refuge. It is expected that impacts would not occur 
to beaches, areas of special concern, parks, natural resources, 
sanctuaries or refuges since they are either land-based or further than 
two nautical miles from either proposed disposal site. Therefore, EPA 
has determined that dredged material disposal at the preferred disposal 
site locations should not have any adverse effect on beaches or other 
amenity areas, including wildlife refuges or other areas of biological 
or recreational significance.
    4. Types and Quantities of Wastes Proposed to be Disposed of, and 
Proposed Methods of Release, Including Methods of Packing the Waste, if 
any (40 CFR 228.6(a)(4)). The typical composition of dredged material 
to be disposed at the sites is expected to range from predominantly 
``clay-silt'' to ``mostly sand.'' This expectation is based on data 
from historical projects from the Central and Western Regions of Long 
Island Sound. The disposal of this material shall occur at designated 
buoys and would be expected to be placed so as to concentrate material 
from each disposal. This placement is expected to help minimize bottom 
impacts to benthic organisms. Suitability determinations will be made 
before authorization for disposal under MPRSA section 103 and CWA 
section 404 will be issued. The sites that are proposed to be 
designated will receive dredged materials determined to be suitable for 
ocean disposal that are transported by either government or private 
contractor hopper dredges or ocean-going bottom-dump barges towed by 
tugboat. Both types of equipment release the material at or very near 
the surface.
    Furthermore, it should be emphasized that these disposal sites are 
being proposed for designation only to receive dredged material; 
disposal of other types of material at these sites will not be allowed. 
It should also be noted that the disposal of certain other types of 
material is expressly prohibited by the MPRSA and EPA regulations 
(e.g., industrial waste, sewage sludge, chemical warfare agents). See, 
e.g., 33 U.S.C. 1414b; 40 CFR 227.5(b). For these reasons, no 
significant adverse impacts are expected to be associated with the 
types and quantities of dredged material that may be disposed of at the 
sites.
    5. Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5)). 
Monitoring and surveillance are expected to be feasible at both 
proposed sites. Both sites are readily accessible for bathymetric 
surveys and have undergone monitoring, including side-scan sonar. If 
field monitoring of the disposal activities is required because of a 
future concern for habitat changes or limited resources, a management 
decision will be made by EPA New England and the Corps' New England 
District who share the responsibilities of managing and monitoring the 
disposal sites. Once the proposed sites are designated, monitoring 
shall be completed in accordance with the then-current SMMPs. It is 
expected that revisions to the SMMPS may be made periodically; 
revisions will be circulated for review, coordinated with the affected 
states and become final when approved by EPA New England Region in 
conjunction with the Corps' New England District. See 33 U.S.C. 1413 
(c)(3).
    6. Dispersal, Horizontal Transport and Vertical Mixing 
Characteristics of the Area, Including Prevailing Current Direction and 
Velocity, if any (40 CFR 228.6(a)(6)). The interactions of bathymetry, 
wind-generated waves, and river and ocean currents are complex. Tidal 
currents are the dominant source of water movement in LIS. Tidal 
currents generally run east-west parallel to the axis of the Sound and 
are substantially stronger in the eastern portion of the sound. At the 
CLIS site, average peak ebb and peak flood currents run 20 to 30 
centimeters/second (depth-averaged), with the spring tides 20 to 40 
percent stronger. The dominant flow direction is east-west. Also 
observed is a net west-southwestward flow of approximately 2.5 
centimeters/second. The wind fetch at both sites is limited by the 
semi-enclosed nature of LIS and wave height was recorded in the spring 
of 2001 at 5 feet. However, wave heights can be developed at the site 
by winds from storms. A northeast storm with a return period of 2 years 
will generate waves of 8 feet. Storms with a return period of 10 years 
will generate waves of 10 feet. At the WLIS site, average peak ebb and 
peak flood currents run 20 to 30 centimeters/second (depth-averaged), 
with the spring tides 20 to 30 percent stronger. Based on studies 
conducted historically, flows directed to the west-southwest run from 
30 to 45 centimeters/ second 5 percent of the time. The wind fetch is 
limited at this site, however wave height was recorded in the spring of 
2001 at 6.5 feet. A northeast storm with a return period of 2 years 
will generate waves of 9 feet. Storms with a return period of 10 years 
will generate waves of 11 feet.
    It is expected that peak wave induced bottom orbital velocities are 
not sufficient to cause significant erosion of dredged material at 
either of the proposed sites. For these reasons, EPA has determined 
that the dispersal, transport and mixing characteristics, and current 
velocities and directions at the CLIS and WLIS sites are appropriate 
for designation as a dredged material disposal sites.
    7. Existence and Effects of Current and Previous Discharges and 
Dumping in the Area (including Cumulative Effects) (40 CFR 
228.6(a)(7)). The CLIS and WLIS disposal sites are currently being used 
for disposal activity pursuant to the Corps' short-term site selection 
authority under section 103(b) of the MPRSA. 33 U.S.C. 1413(b). These 
sites have also been used historically under prior legal regimes. These 
past disposal operations at these sites have been managed and material 
disposal has been monitored. Past use of these sites generally makes 
them preferable to more pristine sites that have either not been

[[Page 53693]]

used or have been used in the more distant past. See 40 CFR 228.5(e). 
Beyond this, however, EPA's evaluation of data and modeling results 
indicates that these past disposal operations have not resulted in 
unacceptable or unreasonable environmental degradation, and that there 
should be no significant adverse cumulative environmental effects from 
continuing to use these sites on a long-term basis.
    8. Interference With Shipping, Fishing, Recreation, Mineral 
Extraction, Desalination, Fish and Shellfish Culture, Areas of Special 
Scientific Importance and Other Legitimate Uses of the Ocean (40 CFR 
228.6(a)(8)). In evaluating whether disposal activity at the sites 
could interfere with shipping, fishing, recreation, mineral extraction, 
desalination, areas of scientific importance and other legitimate uses 
of the ocean, EPA considered both the direct effects from depositing 
dredged material on the ocean bottom at the proposed sites and the 
indirect effects associated with increased vessel traffic that will 
result from transportation of dredged material to the disposal sites. 
Commercial fishing activities occur throughout LIS. Commercial fish 
trawling occurs in the vicinity of the CLIS proposed site and is the 
only area within the western and central Sound that fishermen can trawl 
successfully due to the abundance of lobster pots in other areas of the 
Sound. Commercial fishing is not affected at the WLIS site since it is 
not currently used due to harvesting restrictions. While lobstering 
occurs at both proposed sites, WLIS is a more active lobstering site 
than CLIS. Recreational fishing most frequently occurs from spring to 
fall in areas with reefs and other areas of high relief. Recreational 
fishing occurs at several reefs in LIS that are within two to five 
nautical miles of the proposed disposal sites. Fish and shellfish 
areas, occur in nearshore areas and, therefore, are not impacted by 
this action. A USCG lightering area overlays the northeast corner of 
the CLIS site. The Corps will coordinate with the USCG to shift the 
designated anchorage boundary to ensure that existing mounds and future 
disposed dredged material is not disturbed. The proposed sites are not 
located in shipping lanes. Energy resources are located near the 
proposed sites, but no pipelines or cables are within their boundaries. 
While at the time of this evaluation only three pipelines were in 
place, development of several new pipelines is anticipated.
    Furthermore, neither site is an area of special scientific 
importance, desalination, fish and shellfish culture or mineral 
extraction. Accordingly, depositing dredged material at the sites will 
not interfere with any of the activities mentioned in this criterion. 
Increased vessel traffic involved in the transportation of dredged 
material to the proposed disposal sites should not impact shipping or 
activities discussed above.
    9. The Existing Water Quality and Ecology of the Sites as 
Determined by Available Data or by Trend Assessment or Baseline Surveys 
(40 CFR 228.6(a)(9)). Water and sediment quality analyses conducted in 
the site areas and experience with past disposal in this region have 
not identified any adverse water quality or ecological impacts from 
ocean disposal of dredged material. Baseline data is further described 
in the DEIS.
    10. Potentiality for the Development or Recruitment of Nuisance 
Species in the Disposal Sites (40 CFR 228.6(a)(10)). Local 
opportunistic benthic species characteristic of disturbed conditions 
are expected to be present and abundant at any ODMDS in response to 
physical deposition of sediments. However, no recruitment of nuisance 
species or species capable of harming human health or the marine 
ecosystem is expected to occur at the sites.
    11. Existence at or in Close Proximity to the Sites of any 
Significant Natural or Cultural Feature of Historical Importance (40 
CFR 228.6(a)(11)). Due to the location of the proposed sites in LIS, 
the cultural resource that has the greatest potential for impact would 
be shipwrecks. A review of the existing NOAA and Warren C. Reiss Marine 
shipwrecks databases illustrated a total of 39 shipwrecks in LIS. 
Although none of the known shipwrecks of historical significance are 
located within the boundaries of the proposed sites, the Central LIS 
region is known to have at least twelve shipwrecks and the western LIS 
region is known to have at least four shipwrecks. Undiscovered 
shipwrecks could occur in the area. As additional sidescan sonar 
surveys are conducted in the future, and if potential shipwrecks are 
identified, EPA New England and the Corps' New England District will 
take appropriate action.
    The Connecticut State Historic Preservation Officer has determined 
there are no known historic shipwrecks nor any known aboriginal 
artifacts at the CLIS and WLIS disposal sites. Two of the region's 
Indian tribes were included as cooperating agencies during the 
development of the EIS. The Indian tribes have not identified natural 
or cultural features of historical significance at either site proposed 
for designation in this rule.

E. Proposed Action

    The DEIS concludes that the proposed sites may appropriately be 
designated for long-term use as open water dredged material disposal 
sites. The proposed sites are compatible with the general and specific 
factors used for site evaluation.
    EPA is publishing this Proposed Rule to propose the designation of 
the CLIS and WLIS disposal sites as EPA-approved open water disposal 
sites. The monitoring and management of requirements that will apply to 
these sites is described in the draft SMMPs. Management of these sites 
will be carried out by EPA New England in conjunction with the Corps' 
New England District.
    It should be emphasized that, if an ocean disposal site is 
designated, such a site designation does not constitute or imply Corps 
or EPA's approval of open water disposal of dredged material from any 
specific project. Before disposal of dredged material at the site may 
commence, EPA and the Corps must evaluate the proposal according to the 
ocean dumping regulatory criteria (40 CFR part 227) and authorize 
disposal. EPA has the right to disapprove of the actual disposal, if it 
determines that environmental requirements under the MPRSA or the CWA 
have not been met.

F. Statutory and Executive Order Reviews

1. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (A) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    (B) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (C) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (D) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.

[[Page 53694]]

    It has been determined that this proposed action is not a 
``significant regulatory action'' under E.O. 12866 and is therefore not 
subject to OMB review.

2. Paperwork Reduction Act

    This final rule would not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501, et seq.) because it would not require persons to obtain, 
maintain, retain, report, or publicly disclose information to or for a 
Federal agency.

3. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
For the purposes of assessing the impacts of today's rule on small 
entities, a small entity is defined as: (1) A small business based on 
the Small Business Administration's (SBA) size standards; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. EPA has determined that this action will not 
have a significant impact on small entities because the proposed open 
water disposal site designation will only have the effect of providing 
long term environmentally-acceptable disposal options for dredged 
materials. This action also provides options which are safe for marine 
traffic (navigation hazards) on a continuing basis. After considering 
the economic impacts of today's proposed rule on small entities, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities.

4. The Unfunded Mandates Reform Act and Executive Order 12875

    Title II of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal Mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
Section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    EPA has determined that this proposed action contains no Federal 
mandates (under the regulatory provisions of Title II of the UMRA) for 
State, local and tribal governments or the private sector. It imposes 
no new enforceable duty on any State, local or tribal governments or 
the private sector. Similarly, EPA has also determined that this 
proposed action contains no regulatory requirements that might 
significantly or uniquely affect small government entities. Thus, the 
requirements of section 203 of the UMRA do not apply to this rule.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects 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.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects 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, 
as specified in Executive Order 13132. This proposed rule addresses the 
designation of open water sites in Long Island Sound for the potential 
disposal of dredged materials. This proposed action neither creates new 
obligations nor alters existing authorizations of any state, local or 
governmental entities. Thus, Executive Order 13132 does not apply to 
this rule. Although Section 6 of the Executive Order 13132 does not 
apply to this proposed rule, EPA did consult with representatives of 
State and local governments in developing this rule.
    In addition, and consistent with Executive Order 13132 and EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by Tribal officials in the development of regulatory 
policies that have Tribal implications.'' ``Policies that have Tribal 
implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian Tribes, on the relationship between the Federal government and 
the Indian Tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian Tribes.''
    The proposed action does not have Tribal implications. If 
finalized, the proposed action would not have substantial direct 
effects on Tribal governments, 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, as 
specified in Executive Order 13175. This proposed rule designates open 
water dredged material disposal sites and does not establish any 
regulatory policy with tribal implications. EPA specifically solicits 
additional comment on this proposed rule from tribal

[[Page 53695]]

officials. Thus, Executive Order 13175 does not apply to this rule.

7. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe might have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health and 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This 
proposed rule is not an economically significant rule as defined under 
Executive Order 12866 and does not concern an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. Therefore, it is not subject to Executive Order 
13045.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 1001)) because it 
is not a significant regulatory action under Executive Order 12866.

9. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act 
of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This proposed 
rule does not involve technical standards. Therefore, EPA did not 
consider the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 requires that, to the greatest extent 
practicable and permitted by law, each Federal agency must make 
achieving environmental justice part of its mission. Executive Order 
12898 provides that each Federal agency must conduct its programs, 
policies, and activities that substantially affect human health or the 
environment in a manner that ensures that such programs, policies, and 
activities do not have the effect of excluding persons (including 
populations) from participation in, denying persons (including 
populations) the benefits of, or subjecting persons (including 
populations) to discrimination under such programs, policies, and 
activities because of their race, color, or national origin.
    No action from this proposed rule will have a disproportionately 
high and adverse human health and environmental effect on any 
particular segment of the population. In addition, this rule does not 
impose substantial direct compliance costs on those communities. 
Accordingly, the requirements of Executive Order 12898 do not apply.

11. National Environmental Policy Act of 1969

    Section 102(c) of the National Environmental Policy Act of 1969, 
section 4321 et seq, (NEPA) requires Federal agencies to prepare 
environmental impact statements (EIS) for 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. 
Although EPA ocean dumping program activities have been determined to 
be ``functionally equivalent'' to NEPA, EPA has a voluntarily policy to 
follow NEPA procedures when designating ocean dumping sites. See, 63 FR 
58045 (Oct. 29, 1998). In addition to the Notice of Intent published in 
the Federal Register in June 1999 (64 FR 29865 (1999)), EPA and the 
Corps published legal notices in local newspapers and issued a press 
release inviting the public to participate in DEIS scoping meetings. 
Three formal scoping meetings were conducted in June 1999. In addition 
EPA and the Corps have held public workshops and several working group 
meetings. As discussed above, EPA is issuing a DEIS for public review 
and comment in conjunction with publication of this proposed rule.
    In addition, EPA and the Corps will submit Coastal Zone Consistency 
determinations to the states of New York and Connecticut for 
publication in the Final EIS. Coordination efforts with NMFS and USFWS 
for ESA and EFH consultation was initiated during the DEIS process.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

Robert W. Varney,
Regional Administrator, EPA New England.
    In consideration of the foregoing, EPA is proposing to amend part 
228, chapter I of title 40 of the Code of Federal Regulations as 
follows:

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN 
DUMPING

    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 removing and reserving paragraphs 
(b) (1), and (b) (2); and adding paragraphs (b) (3) and (b) (4) to read 
as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (b) * * *
    (1) [Reserved]
    (2) [Reserved]
    (3) Central Long Island Sound Dredged Material Disposal Site 
(CLIS):
    (i) Location: Corner Coordinates (NAD 1983) 41[deg] 09'5'' N., 
72[deg] 54'4'' W.; 41[deg] 09'5'' N., 72[deg] 51'5'' W.; 41[deg] 08'4'' 
N., 72[deg] 51'5'' W.; 41[deg] 08'4'' N., 72[deg] 54'4'' W.
    (ii) Size: 2 square nautical miles.
    (iii) Depth: range from 18 to 23.5 meters.
    (iv) Primary use: Dredged material disposal.
    (v) Period of use: Continuing use.
    (vi) Restriction: Disposal shall be limited to dredged material 
from Long Island Sound and vicinity.
    (4) Western Long Island Sound Dredged Material Disposal Site (WLIS)
    (i) Location: Corner Coordinates (NAD 1983) 41[deg] 00'1'' N., 
73[deg] 29'8'' W.; 41[deg] 00'1'' N., 73[deg] 28'0'' W.; 41[deg] 58'9'' 
N., 73[deg] 29'8'' W.; 41[deg] 58'9'' N., 73[deg] 28'1'' W.
    (ii) Size: 1.2 by 1.3 nautical mile rectangular area.
    (iii) Depth: range from 24 to 30 meters.
    (iv) Primary use: Dredged material disposal.
    (v) Period of use: Continuing use.

[[Page 53696]]

    (vi) Restriction: Disposal shall be limited to dredged material 
from Long Island Sound and vicinity.
* * * * *

[FR Doc. 03-22645 Filed 9-11-03; 8:45 am]
BILLING CODE 6560-50-P