Regulated Navigation Area, Eagle Harbor, Bainbridge Island, WA

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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