[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71252-71254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25416]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0857]
RIN 1625-AA00


Safety Zone; Ohio River Mile Marker 0.3-1.5, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Ohio River mile marker 0.3-1.5. This action is necessary to provide 
for the safety of life on these navigable waters during drilling 
operations from November 28, 2022 until December 3, 2022. This 
rulemaking would prohibit persons and vessels from being in the safety 
zone, create a slow speed/no wake zone and limit commercial traffic to 
one way passing unless authorized by the Captain of the Port Pittsburgh 
or a designated representative. The safety zone is needed to protect 
personnel and vessels from potential hazards created by working in the 
Ohio River channel.

DATES: This rule is effective from 6 a.m. November 28, 2022 through 
11:59 p.m. on December 3, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0857 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 MST1 Onnalee Blackledge, Marine Safety Unit Pittsburgh, 
U.S. Coast Guard, at telephone 412-221-0807 ext 222, email 
[email protected].

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 Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), 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. The safety zone 
must be established by November 28, 2022 and we lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing this rule. The NPRM process would delay the 
establishment of the safety zones until after the scheduled date for 
the drilling operations.
    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 this action is necessary to 
ensure the safety of vessels and persons during the drilling operations 
on November 28, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine 
Safety Unit Pittsburgh (COTP) has determined that a safety zone from 
mile marker 0.3 to 1.5 is needed to protect personnel, vessels, and the 
marine environment from potential hazards created from drilling 
operations starting November 28, 2022 until December 3, 2022.

IV. Discussion of the Rule

    This rule establishes a safety zone on from 6 a.m. on November 28, 
2022 through 11:59 p.m. on December 3, 2022. The safety zone will cover 
all navigable waters on the Ohio River between mile marker 0.3 and 1.5, 
it would create a slow speed/no wake zone and limit commercial traffic 
to one way passing. The duration of the safety zone is intended to 
protect personnel, vessels, and the marine environment from potential 
hazards created by drilling operations.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard (USCG) assigned to units under the operational 
control of the COTP. To seek permission to enter, contact the COTP or a 
designated representative via VHF-FM channel 16, or through Marine 
Safety Unit Pittsburgh at 412-221-0807. Persons and vessels permitted 
to enter the safety zone must comply with all lawful orders or 
directions issued by the COTP or designated representative. The COTP or 
a designated representative will inform the public of the effective 
period for the safety zone as well as any changes in the dates and 
times of enforcement through Local Notice to Mariners (LNMs), Broadcast 
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins 
(MSIBs), as appropriate.

[[Page 71253]]

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, and we 
discuss First Amendment rights of protestors.

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 1.2 mile stretch of the Ohio River for 24 hours a day 
starting November 28, 2022 at 6 a.m. until December 3, 2022 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 LNMs, 
MSIBs, and/or BNMs via VHF-FM marine channel 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 
temporary 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 lasting from 6 a.m. on November 28, 2022 until 11:59 p.m. 
on December 3, 2022 that will prohibit entry on the Ohio River between 
mile marker 0.3 and 1.5, create a slow speed/no wake zone and limit 
commercial traffic to one way passing during drilling operations. 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.

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.

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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0857 to read as follows:

[[Page 71254]]

Sec.  165.T08-0922  Safety Zone; Ohio River, Miles 0.3-1.5, Pittsburgh, 
PA.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the Ohio River between Mile Marker 0.3 and Mile 
Marker 1.5.
    (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 phone at 412-221-0807. 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 is effective from 6 a.m. on 
November 28, 2022, through 11:59 p.m. on December 3, 2022.

    Dated: November 16, 2022
Justin R. Jolley,
Lieutenant Commander, U.S. Coast Guard, Acting, Captain of the Port 
Marine Safety Unit Pittsburgh.
[FR Doc. 2022-25416 Filed 11-21-22; 8:45 am]
BILLING CODE 9110-04-P