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

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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