Rule2024-16533
Safety Zone; Demolition of Lock and Dam 3, Monongahela River Mile Marker 23.5 to 24.5, Elizabeth, PA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2024
Effective
August 1, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the waters of the Monongahela River from mile marker 23.5 to mile marker 24.5 in Elizabeth, PA. This rule is substantially similar to a temporary safety zone published on June 27, 2024. We must establish this temporary safety zone because of the continuation of lock and dam demolition. This regulation will prohibit entry of vessels or persons into the safety zone to protect personnel, vessels, and the marine environment from potential hazards during demolition activities planned from August 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 145 (Monday, July 29, 2024)</title>
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[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60823-60825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16533]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0658]
RIN 1625-AA00
Safety Zone; Demolition of Lock and Dam 3, Monongahela River Mile
Marker 23.5 to 24.5, Elizabeth, PA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Monongahela River from mile marker 23.5 to mile marker
24.5 in Elizabeth, PA. This rule is substantially similar to a
temporary safety zone published on June 27, 2024. We must establish
this temporary safety zone because of the continuation of lock and dam
demolition. This regulation will prohibit entry of vessels or persons
into the safety zone to protect personnel, vessels, and the marine
environment from potential hazards during demolition activities planned
from August 1, 2024, through December 31, 2024.
DATES: This rule is effective from August 1, 2024, through December 31,
2024. Comments and related material must be received by the Coast Guard
on or before September 27, 2024.
ADDRESSES: We encourage you to submit comments identified by docket
number USCG-2024-0658 using the Federal Decision Making Portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request
for Comments'' portion of the SUPPLEMENTARY INFORMATION section for
further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Eyobe Mills, Marine Safety Unit, Pittsburgh,
U.S. Coast Guard, at telephone 412-221-0807, email
<a href="/cdn-cgi/l/email-protection#0d4874626f68234923406461617e4d787e6e6a23606461"><span class="__cf_email__" data-cfemail="62271b0d00074c264c2f0b0e0e1122171101054c0f0b0e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The similar rule published at 89 FR 53491 on June 27, 2024. The
Coast Guard is issuing this interim temporary rule without prior notice
and opportunity to comment pursuant to the authority in 5 U.S.C.
553(b)(B). This statutory provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency
for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because doing so would be
impracticable and contrary to public interest. The notice allowing the
demolition project to proceed and providing updated timelines for the
project was only recently finalized and provided to the Coast Guard,
which did not give the Coast Guard enough time to publish an NPRM, take
public comments, and issue a final rule before ethe existing regulation
expires. Timely action is needed to respond to the potential safety
hazards associated with demolition of the lock and dam, which involves
the use of explosives. It would be impracticable and contrary to the
public interest to publish an NPRM because we must establish the safety
zone to protect the safety of the waterway users, demolition crew,
other personnel associated with the project, and the public. A delay of
the project to accommodate a full notice and comment period would delay
necessary operations, result in increased costs, and delay the
completion date of the demolition project and subsequent opening of the
navigation channel. We must establish this safety zone by August 1,
2024, and lack sufficient time to provide a reasonable comment period
and then consider those comments before issuing this rule.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. For the reasons stated in the
preceding paragraph, delaying the effective date of this rule is
impracticable and contrary to public interest because timely action is
needed to respond to the potential safety hazards associated with the
demolition of the lock and dam starting August 1, 2024.
Although this regulation is published as an interim rule without
prior notice, public comment is nevertheless desirable to ensure that
the regulation is both workable and reasonable. Accordingly, persons
wishing to comment may do so by submitting written comments as set out
under ADDRESSES in this preamble. Commenters should include their names
and addresses, identify the docket number for the regulation, and give
reasons for their comments. If the Coast Guard determines that changes
to the temporary interim rule are necessary, we will publish a
temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under the
authority in 46 U.S.C. 70034. The Captain of the Port Pittsburgh (COTP)
has determined that potential hazards associated with this lock and dam
demolition will be a safety concern for anyone on the Monongahela River
within mile marker 23.5 through 24.5. The use of explosives and other
activities involved in demolishing the lock and dam involve inherent
risk. To minimize risk to personnel, vessels, property, and the marine
environment, no vessel may moor, anchor, transit, or otherwise be
present in the designated safety zone at any time during the periods of
enforcement unless receiving prior permission from the COTP or their
designated representative.
This temporary interim rule is needed to protect personnel,
vessels, and the
[[Page 60824]]
marine environment in the navigable waters within the safety zone
during the lock and dam demolition.
IV. Discussion of the Rule
This temporary interim rule establishes a safety zone from August
1, 2024, through December 31, 2024. The safety zone will cover all
navigable waters between mile marker 23.5 and mile marker 24.5 on the
Monongahela River in Elizabeth, PA. This rule will prohibit all persons
and vessel traffic from the safety zone unless an exception is
authorized by the COTP or their designated representative. The COTP
will only enforce the safety zone on one or two days per week until
December 31, 2024. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled initial demolition of Locks and Dam No. 3 at mile marker
23.8 on the Monongahela River.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Marines, and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any enforcement.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This safety zone
impacts only a one mile stretch of the Monongahela River starting
August 1, 2024, through December 31, 2024. The safety zone will be
enforced only during demolition activities, which are anticipated to
take place one to two days per week, each week throughout the period.
Vessel traffic will be permitted to transit the area at other times.
Moreover, the Coast Guard will issue Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), via VHF-FM marine channel 13 or 16 about the zone
and the rule allows vessels to seek permission from the COTP to transit
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that impacts only a one mile stretch of the Monongahela
River starting July 8, 2024, at 4 a.m., through July 31, 2024, at 11:59
p.m. It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions
[[Page 60825]]
on locating the docket, see the ``Public Participation and Request for
Comments'' portion of this SUPPLEMENTARY INFORMATION section.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0658 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in the docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
We review all comments received, but we will only post comments that
address the topic of this rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more information about privacy and
submissions to the docket in response to this document, see DHS's
eRulemaking System of Records Notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0658 to read as follows:
Sec. 165.T08-0658 Safety Zone; Lock and Dam 3 Demolition, Elizabeth,
PA.
(a) Location. The following area is a safety zone: All navigable
waters on the Monongahela River between mile marker 23.5 and mile
marker 24.5.
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, petty officer, a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or any Federal, State, or local
law enforcement officer who has been designated by the Captain of the
Port Pittsburgh (COTP) to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore,
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of the regulations in this section.
Official patrol vessels mean any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP to enforce this section.
(c) Regulations. When the safety zone in paragraph (a) of this
section is enforced, the following regulations, along with those
contained in 33 CFR 165.23 apply:
(1) No person or vessel may enter the safety zone described in
paragraph (a) of this section without the permission of the COTP or the
COTP's designated representative.
(2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
designated representative. Any vessel that is granted permission to
enter or remain in this zone by the COTP or the COTP's designated
representative must proceed through the zone with caution and operate
at a speed no faster than that speed necessary to maintain a safe
course, unless otherwise required by the Navigation Rules in 33 CFR
chapter I, subchapter E.
(3) To seek permission to enter the safety zone, contact the COTP
or the COTP's representative by VHF Channel 13 or 16, or through the
Marine Safety Unit Pittsburgh at (412) 221-0807.
(d) Effective period and enforcement period. The safety zone in
paragraph (a) of this section is in effect from August 1, 2024, through
December 31, 2024. The section is subject to enforcement at all times
during this period. The Coast Guard anticipates the safety zone will be
enforced for approximately two days per week throughout the period, but
that may be adjusted based on actual demolition activities. The COTP,
or a designated representative, will inform the public through written
Local Notice to Mariners, and Broadcast Notice to Mariners via VHF-FM
marine channel 13 or 16, of the enforcement period of the safety zone.
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
Dated: July 23, 2024.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2024-16533 Filed 7-26-24; 8:45 am]
BILLING CODE 9110-04-P
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