[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Rules and Regulations]
[Pages 26432-26435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11492]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0512]
RIN 1625-AA00
Safety Zone; Ohio River MM 31-32, Industry, PA
AGENCY: Coast Guard, 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
navigable waters of the Ohio River from mile marker 31 to mile marker
32 in Industry, PA. We must establish this safety zone because of
continuing 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 during demolition activities
planned from July 1, 2025, through December 31, 2025.
DATES: This rule is effective from July 1, 2025, through December 31,
2025. Comments and related material must be received by the Coast Guard
on or before July 23, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0512 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 about this rule,
call or email Petty Officer Brett Lanzel, MSU Pittsburgh Waterways
Management Division, U.S. Coast Guard; telephone 206-815-6624, email
[email protected].
[[Page 26433]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
MSIB Marine Safety Information Bulletin
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 interim 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 the 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 the 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. We
must establish this safety zone by July 1, 2025, 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 July 1, 2025.
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 to the
office listed under ADDRESSES section of this preamble. Commenters
should 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
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 Ohio River from
MM 31 to MM 32. The use of explosives and other activities involved in
demolishing the lock and dam involve inherent risk. This temporary
interim rule is needed to minimize the risk to personnel, vessels,
property, and the marine environment.
IV. Discussion of the Rule
This temporary interim rule establishes a safety zone from July 1,
2025, through December 31, 2025. The safety zone will cover all
navigable waters between mile marker 31 and mile marker 32 on the Ohio
River in Industry, PA. This rule prohibits all persons and vessel
traffic from entering the safety zone unless an exception is authorized
by the COTP or their designated representative. The COTP anticipates
that the safety zone will only be enforced on one or two days per week
during daylight hours, until December 31, 2025. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled demolitions of
Montgomery Locks and Dam at mile marker 31.6 on the Ohio River.
The Coast Guard will notify the public and local mariners of the
enforcement of this safety zone through appropriate means, which may
include, but are not limited to, the Local Notice to Mariners and
Broadcast Notice to Mariners via marine Channel 16 (VHF-FM) in advance
of any enforcement period.
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 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
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 Ohio River starting July 1,
2025, through December 31, 2025. The safety zone will be enforced only
during demolition activities, which are anticipated to take place one
to two days per week during daylight hours only, 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 marine channels 13 or 16
(VHF-FM) about the zone. 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.
[[Page 26434]]
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 will 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 Ohio River
starting July 1, 2025 at 4 a.m., through December 31, 2025. 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.
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 https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0512 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 you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed 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 https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed 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 https://www.regulations.gov will include any personal
information you have provided. For more 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.T08-0512 to read as follows:
Sec. 165.T08-0512 Safety Zone; Montgomery Lock and Dam Demolition,
Industry, PA
(a) Location. The following area is a safety zone: All navigable
waters on the Ohio River between mile marker 31 and mile marker 32.
(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
[[Page 26435]]
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 this
regulation.
(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 the safety zone, contact the COTP
or the COTP's representative by VHF Channel 16, or through the Marine
Safety Unit Pittsburgh at (412) 221-0807.
(3) 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.
(d) Effective period and enforcement period. The safety zone in
paragraph (a) of this section is in effect from July 1, 2025, through
December 31, 2025. 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 during daylight hours only
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.
Dated: June 16, 2025.
Justin R. Jolley
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2025-11492 Filed 6-20-25; 8:45 am]
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