<RULE>
DEPARTMENT OF HOMELAND SECURITY
<SUBAGY>Coast Guard</SUBAGY>
<CFR>33 CFR Part 165</CFR>
<DEPDOC>[Docket Number USCG-2026-0003]</DEPDOC>
<RIN>RIN 1625-AA00</RIN>
<SUBJECT>Safety Zone; Ice Accumulations; Allegheny River, Pittsburgh, PA</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Coast Guard, Department of Homeland Security.
<HD SOURCE="HED">ACTION:</HD>
Temporary final rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The Coast Guard is establishing a temporary safety zone for all waters of the Allegheny River within the Captain of the Port Pittsburgh Zone, which includes mile marker 1.0 to mile marker 72.0 on the Allegheny River. This safety zone is needed to protect persons, property, and vessels transiting the area from the hazards associated with ice accumulations on the waterways. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
This rule is effective without actual notice from February 3, 2026, through March 1, 2026. For purposes of enforcement, actual notice will be used from January 29, 2026, through February 3, 2026.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
To view available documents go to
<E T="03">https://www.regulations.gov</E>
and search for USCG-2026-0003.
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
If you have questions about this rule, contact Petty Officer Brett Lanzel, MSU Pittsburgh, U.S. Coast Guard; telephone 206-815-6624, or email
<E T="03">Brett.J.Lanzel@uscg.mil</E>
.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">I. Table of Abbreviations</HD>
<EXTRACT>
<FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
<FP SOURCE="FP-1">COTP Captain of the Port</FP>
<FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
<FP SOURCE="FP-1">FR Federal Register</FP>
<FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
<FP SOURCE="FP-1">§ Section </FP>
<FP SOURCE="FP-1">U.S.C. United States Code</FP>
</EXTRACT>
<HD SOURCE="HD1">II. Background and Authority</HD>
The COTP Pittsburgh Zone has recently experienced consecutive weeks of sub-freezing temperatures resulting in significant ice accumulations on the Allegheny 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 Allegheny 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
<E T="04">Federal Register</E>
.
<HD SOURCE="HD1">III. Discussion of the Rule</HD>
The Coast Guard is establishing a safety zone for all waters of the Allegheny Rivers within the COTP Pittsburgh Zone, which includes mile marker 1.0 to mile marker 72.0 on the Allegheny 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 January 29, 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.
<HD SOURCE="HD1">IV. Regulatory Analyses</HD>
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.
<HD SOURCE="HD2">A. Impact on Small Entities</HD>
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
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
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.
<HD SOURCE="HD2">B. Collection of Information</HD>
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
<HD SOURCE="HD2">C. Federalism and Indian Tribal Governments</HD>
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.
<HD SOURCE="HD2">D. Unfunded Mandates Reform Act</HD>
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.
<HD SOURCE="HD2">E. Environment</HD>
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 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.
<LSTSUB>
<HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.
</LSTSUB>
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:
<HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
<REGTEXT TITLE="33" PART="165">
1. The authority citation for part 165 continues to read as follows:
<HD SOURCE="HED">Authority: </HD>
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.
</REGTEXT>
<REGTEXT TITLE="33" PART="165">
2. Add § 165.T08-0003 to read as follows:
<SECTION>
<SECTNO>§ 165.T08-0003</SECTNO>
<SUBJECT>Safety Zone; Ice Accumulations; Allegheny River, Pittsburgh, PA.</SUBJECT>
(a)
<E T="03">Location.</E>
The following area is a safety zone: all waters of the Allegheny River within the Captain of the Port (COTP) Pittsburgh Zone, Mile Marker 1.0 to Mile Marker 72.0 on the Allegheny River.
(b)
<E T="03">Definitions.</E>
As used in this section,
<E T="03">designated representative</E>
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)
<E T="03">Regulations.</E>
(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)
<E T="03">Enforcement period.</E>
This section will be enforced from January 29, 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 t
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