9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0413]
RIN 1625-AA08
Safety Zone: Locks and Dam 3, Monongahela River Mile Marker 23.5 to 24.5,
Elizabeth, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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. This action is
necessary to provide for the safety of life on these navigable waters during a lock and
dam demolition from July 8, 2024, through July 31, 2024. This rulemaking prohibits
persons and vessels from being in the safety zone unless authorized by the Captain of the
Port Pittsburgh or a designated representative.
DATES: This rule is effective from July 8, 2024, through July 31, 2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0413 in the search box and
click "Search." Next, in the Document Type column, select “Supporting & Related
Material.”
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, e-mail Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations

CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under 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 it is impracticable. We must establish this
safety zone by July 8, 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.
Delaying the effective date of this rule would be impracticable because immediate action
is needed to respond to the potential safety hazards associated with a demolition of a lock
and dam.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The
Captain of the Port Pittsburgh (COTP) has determined that potential hazards associated
with the demolition starting on July 8, 2024, will be a safety concern for anyone on the
Monongahela River within mile marker 23.5 through 24.5. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters within the safety
zone.
IV. Discussion of the Rule

The COTP is establishing a safety zone from July 8, 2024, through July 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. 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. No vessel or person would be permitted to enter the safety zone
without obtaining permission from the COTP or a designated representative.
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 July 8, 2024, at 4 a.m., through July 31, 2024, at 11:59 p.m.
Vessel traffic will be informed about the safety zone through local notices to mariners.
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 (Public Law 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 on locating the docket, see
the ADDRESSES section of this preamble.
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 is amending 33 CFR
part 165 as follows:
PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS
AREAS
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.
2. Add § 165.T08-0413 to read as follows:
§ 165.T08-0413 Safety Zone; Locks 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 a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and
a Federal, State, and local officer designated by or assisting the Captain of the Port
Pittsburgh (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in subpart C of

this part, you may not enter the safety zone described in paragraph (a) of this section
unless authorized by the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP’s representative
by VHF Channel 13 or 16, or through the Marine Safety Unit Pittsburgh at 412-2210807. Those in the safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP’s designated representative.
(d) Enforcement period. This section will be subject to enforcement from 4 a.m.
on July 8, 2024, through 11:59 p.m. on July 31, 2024.

Dated: June 13, 2024

Justin R. Jolley,
Commander, U.S. Coast Guard,
Captain of the Port, MSU Pittsburgh.
[FR Doc. 2024-13974 Filed: 6/26/2024 8:45 am; Publication Date: 6/27/2024]