[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Rules and Regulations]
[Pages 27669-27670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08305]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0004]
RIN 1625-AA00


Safety Zone, Ohio River Mile Marker 6.2-13.3, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Ohio River at 11 a.m. on April 14, 2024, at mile marker 6.2 to mile 
marker 13.3, through 11:59 p.m. on April 20, 2024. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by an ongoing response and salvage operation 
after 26 barges broke free from a facility. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Pittsburgh (COTP) or a designated representative.

DATES: This rule is effective without actual notice from April 18, 2024 
through April 20, 2024. For the purposes of enforcement, actual notice 
will be used from April 14, 2024, until April 18, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0004 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 LTJG Eyobe Mills, Marine Safety Unit Pittsburgh, U.S. 
Coast Guard; telephone 412-221-0807, 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 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 publishing an NPRM 
would be ``impracticable, unnecessary, or contrary to the public 
interest''. Around 11:30 p.m. on April 12, 2024, 26 barges broke free 
from their fleeting area. The location of 25 out of 26 barges have been 
identified. One barge is unaccounted for. Immediate action is needed to 
respond to the potential safety hazards associated with the barge 
breakaway. It is impracticable to publish an NPRM because we must 
establish this safety zone by April 14, 2024.
    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 the barge 
breakaway.

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 (COTP) Marine Safety Unit (MSU) 
Pittsburgh has determined that potential hazards associated with the 
ongoing response and salvage operations starting April 14, 2024, will 
be a safety concern for anyone on the Ohio River between mile marker 
6.2 to mile marker 13.3. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the location of the last barge is identified and 
salvage operation efforts are underway.

IV. Discussion of the Rule

    This rule establishes a safety zone from 11 a.m. April 14, 2024, 
through 11:59 p.m. on April 20, 2024. The safety zone will cover all 
navigable waters within the Ohio River from mile marker 6.2 to mile 
marker 13.3 The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters while the 
location of the last barge is identified, and salvage operation efforts 
are underway. No vessel or person will 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, 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on size, location, 
and duration of the safety zone. This safety zone impacts 7.1-mile 
stretch on the Ohio river from April 14, 2024, through April 20, 2024. 
Moreover, the Coast Guard will issue Local Notice to Mariners and 
Broadcast Notice to Mariners 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 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant

[[Page 27670]]

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 only 7 days that will prohibit entry within 7.1 
river miles on the Ohio River. It is categorically excluded from 
further review under paragraph L60(c) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

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

    Marine safety, Navigation (water), Reporting, Recordkeeping 
requirements, and 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.T08-0004 to read as follows:


Sec.  165.T08-0004  Safety Zone Ohio River, Pittsburgh, PA.

    (a) Location. The following area is a temporary safety zone: On the 
Ohio River from mile marker 6.2 to mile marker 13.3.
    (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 on Channel 16 or at 412-670-7288. 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 enforced each day from 
April 14, 2024, through April 20, 2024.

Eric J. Velez,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2024-08305 Filed 4-17-24; 8:45 am]
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