Rule2026-02567
Safety Zone; Ice Accumulations; Ohio River, Pittsburgh, PA
Primary source
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Published
February 9, 2026
Effective
February 9, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the Ohio River within the Captain of the Port Pittsburgh Zone, which includes mile marker 13 to mile marker 32, mile marker 65 to mile marker 85, and mile marker 109 to mile marker 127 on the Ohio River. This safety zone is needed to protect persons, property, and vessels transiting the area from the hazards associated with ice accumulation on the waterways. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
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[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Rules and Regulations]
[Pages 5668-5669]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02567]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0004]
RIN 1625-AA00
Safety Zone; Ice Accumulations; Ohio River, Pittsburgh, PA
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Ohio River within the Captain of the Port Pittsburgh Zone, which
includes mile marker 13 to mile marker 32, mile marker 65 to mile
marker 85, and mile marker 109 to mile marker 127 on the Ohio River.
This safety zone is needed to protect persons, property, and vessels
transiting the area from the hazards associated with ice accumulation
on the waterways. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Pittsburgh or
a designated representative.
DATES: This rule is effective without actual notice from February 9,
2026, through March 1, 2026. For the purposes of enforcement, actual
notice will be used from February 4, 2026, until February 9, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0004.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Petty Officer Brett Lanzel, MSU Pittsburgh, U.S. Coast Guard;
telephone 206-815-6624, or email <a href="/cdn-cgi/l/email-protection#1557677061613b5f3b59747b6f707955606676723b787c79"><span class="__cf_email__" data-cfemail="e5a797809191cbafcba9848b9f8089a590968682cb888c89">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The COTP Pittsburgh Zone has recently experienced consecutive weeks
of sub-freezing temperatures resulting in significant ice accumulation
on the Ohio River. This ice is obstructing the waterway and presents a
significant risk of damage to vessels that may transit through or
within this area. The Captain of the Port (COTP) Pittsburgh has
determined that potential hazards associated with ice accumulation are
a safety concern for anyone on the Ohio River. Therefore, the COTP is
issuing this rule under the authority in 46 U.S.C. 70034, which is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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
and contrary to the public interest. Due to the emergent ice situation,
the Coast Guard must establish this safety zone immediately to protect
personnel, vessels, and the marine environment. Therefore, we do not
have enough time to solicit and respond to comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
The Coast Guard is establishing a safety zone for the Ohio River
within the COTP Pittsburgh Zone, which includes mile marker 13 to mile
marker 32, mile marker 65 to mile marker 85, and mile marker 109 to
mile marker 127 on the Ohio River. Entry into this zone is prohibited
to all vessels and persons, except persons and vessels specifically
authorized by the COTP Pittsburgh. This rule is effective immediately
and will be enforced from February 4, 2026, until March 1, 2026, or
until ice conditions within the COTP Pittsburgh Zone have improved,
whichever occurs earlier.
The COTP Pittsburgh will inform the public through Broadcast
Notices to Mariners (BNM) of details regarding enforcement and any
changes to this safety zone during ice accumulation conditions.
IV. 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. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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
[[Page 5669]]
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 is a safety zone. 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.
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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T08-0004 to read as follows:
Sec. 165.T08-0004 Safety Zone; Ice Accumulations; Ohio River,
Pittsburgh, PA.
(a) Location. The following area is a safety zone: all waters of
the Ohio River within the Captain of the Port (COTP) Pittsburgh Zone,
from Mile Marker 13 to Mile Marker 32, Mile Marker 65 to Mile Marker
85, and Mile Marker 109 to Mile Marker 127 on the Ohio River.
(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 VHF-FM channel 16 or through Marine Safety Unit
Pittsburgh at (412) 670-4288. 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 from 10:00
a.m. on February 4, 2026, until 11:59 p.m. on March 1, 2026, unless
cancelled earlier by the COTP. The COTP will inform the public through
Broadcast Notices to Mariners (BNM) of the safety zone and any changes
to the enforcement periods.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port MSU Pittsburgh.
[FR Doc. 2026-02567 Filed 2-6-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 9, 2026.
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