Rule2022-25416
Safety Zone; Ohio River Mile Marker 0.3-1.5, Pittsburgh, PA
Primary source
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Published
November 22, 2022
Effective
November 28, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 224 (Tuesday, November 22, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#e8a7868689848d8dc6a9c6aa84898b83848d8c8f8da89d9b8b8fc6858184"><span class="__cf_email__" data-cfemail="317e5f5f505d54541f701f735d50525a5d5455565471444252561f5c585d">[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 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.