Safety Zone; Ohio River Mile Marker 0.3-1.5, Pittsburgh, PA, 71252-71254 [2022-25416]
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Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Rules and Regulations
and from 4 p.m. through 8:30 p.m. on
December 18, 2022 for Item 5 in Table
1 of Section 100.1101.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
publication of enforcement, call or
email Lieutenant Junior Grade Shera
Kim, Waterways Management, U.S.
Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce the
special local regulations in 33 CFR
100.1101 for the San Diego Parade of
Lights in San Diego Bay, CA in 33 CFR
100.1101, Table 1, Item 5 of that section
from 4p.m. until 8:30 p.m. on December
11, 2022 and on December 18, 2022.
This enforcement action is being taken
to provide for the safety of life on
navigable waterways during the event.
The Coast Guard’s regulation for
recurring marine events in the San
Diego Captain of the Port Zone
identifies the regulated entities and area
for this event. During the enforcement
periods and under the provisions of 33
CFR 100.1101, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area, unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners,
marine information broadcasts, and
local advertising by the event sponsor.
Dated: November 16, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. 2022–25427 Filed 11–21–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
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[Docket Number USCG–2022–0857]
RIN 1625–AA00
Safety Zone; Ohio River Mile Marker
0.3–1.5, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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16:01 Nov 21, 2022
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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 Onnalee.A.Black
ledge@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
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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.
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Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Rules and Regulations
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.
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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
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16:01 Nov 21, 2022
Jkt 259001
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,
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71253
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
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.
2. Add § 165.T08–0857 to read as
follows:
■
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71254
Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Rules and Regulations
§ 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
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AR31
Readjustment Counseling Service
Scholarship Program
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is adding new regulations
that govern scholarship programs that
will benefit certain health care
professionals. This rulemaking
implements the mandates of the
Commander John Scott Hannon
Veterans Mental Health Care
Improvement Act of 2019 by
establishing the Readjustment
Counseling Service Scholarship
Program (RCSSP). The RCSSP provides
educational assistance to individuals
who pursue a graduate degree in
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SUMMARY:
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16:01 Nov 21, 2022
Jkt 259001
psychology, social work, marriage and
family therapy, or mental health
counseling that meet the education
requirements for appointment as a
health care professional in one of the
aforementioned fields in VA Vet
Centers.
DATES: This rule is effective December
22, 2022.
FOR FURTHER INFORMATION CONTACT:
Charles Flora, Social Science Specialist,
Readjustment Counseling Services, 810
Vermont Ave. NW, Washington, DC
20420, (202) 461–6525. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On
November 5, 2021, VA published a
proposed rule in the Federal Register
(86 FR 81094) that would establish the
Readjustment Counseling Service
Scholarship Program (RCSSP) in 38 CFR
17.545 through 17.553 pursuant to
section 502 of Public Law 116–171, the
Commander John Scott Hannon
Veterans Mental Health Care
Improvement Act of 2019 (the Act),
enacted on October 17, 2020. The Act
established new sections 7698 through
7699B and created the RCSSP to serve
as an incentive to individuals who are
pursuing a graduate degree in
psychology, social work, marriage and
family therapy, or mental health
counseling to fill existing vacancies in
Vet Centers that are located in areas that
are designated as medically underserved
populations and in States with a per
capita population of more than five
percent veterans according to the
National Center for Veterans Analysis
and Statistics and the Bureau of the
Census (42 U.S.C. 254b(b)(3)).
VA provided a 60-day comment
period, which ended on January 4, 2022.
VA received two comments on the
proposed rule. One comment was
supportive of the rule. We thank the
commenter for their support and do not
make any changes based on the
comment.
The other comment was supportive of
the rule but expressed concern about the
amount of funding for psychology
doctoral students and the supervision
requirements in the rule. VA stated in
proposed § 17.549(c) that VA would
fund RCSSP for social work, marriage
and family therapy, professional mental
health counseling, and psychology
graduate students for a maximum of two
years. The commenter suggested that
VA increase the RCSSP funding period
for psychology students to be
commensurate with their increased
experience, training, and value and to
account for the fact that the other
occupations only require a two-year
degree whereas a psychology degree is
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five years, thereby leaving psychology
participants with potentially significant
debt compared to their counterparts in
the other occupations. The commenter
was concerned that psychology students
could be dissuaded from participating
in the RCSSP if they will still carry
significant debt after graduation.
VA has considered the issues
presented by the commenter, however,
we reiterate from the proposed rule that
the two-year limit on funding is
intended to equalize the award and
obligated service requirements across all
four health care professions. VA
believes that the two-year limit will
provide full parity across the four
disciplines to all scholarship awardees
and provide for the equitable
recruitment of individuals in the four
health care professions. In this regard,
the Act requires a six-year period of
obligated service following the
completion of the program of study. 38
U.S.C. 7699(c)(2). Therefore, VA
believes it would be inequitable to fund
two years for certain participants and
five for others when all participants will
have the same six-year period of
obligated service. VA also does not
believe that the two-year period for the
scholarship will dissuade psychology
graduates from participating in the
RCSSP. We are not making any changes
based on this comment.
The commenter also had concerns
regarding supervision. Because VA
health care professionals may be
licensed in any State and not every Vet
Center employs professionals from each
of the professions, proposed § 17.549(b)
stated that when determining which Vet
Center a scholarship recipient would be
placed to carry out their service
obligation, VA would consider the size
and professional makeup of the current
Vet Center staff to ensure appropriate
supervision as required by VA
professional qualification standards and
for State licensure. The commenter was
concerned that the unintended result of
the proposed rule could be that the Vet
Centers with the greatest need for
additional mental health professionals
will be left out because of inadequate
staffing levels to supervise a scholarship
recipient. The commenter
acknowledged that each participant
requires supervision by another
professional in the same disciple who is
also licensed in the State they seek to
gain licensure in order to obtain their
license and stated that it is important
that the individual requirements of each
State’s licensing board be considered
when placing scholarship recipients.
The commenter further stated that any
potential solution must prioritize State
licensure for the scholarship recipient
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
