# Safety Zone Ohio River, Pittsburgh, PA.
**AGENCY:**
Coast Guard, DHS.
**ACTION:**
Notice of proposed rulemaking.
**SUMMARY:**
The Coast Guard is proposing to establish a temporary safety zone for the Ohio River, from mile marker 2 to mile marker 3. This action is necessary to provide for the safety of life on the navigable waters during an operation to install aerial transverse wirelines. We invite your comments on this proposed rulemaking.
**DATES:**
Comments and related material must be received by the Coast Guard on or before October 2, 2025.
**ADDRESSES:**
You may submit comments identified by docket number USCG-2025-0679 using the Federal Docket Management System at *https://www.regulations.gov.* See the “Public Participation and Request for Comments” portion of the *SUPPLEMENTARY INFORMATION* section for further instructions on submitting comments. This notice of proposed rulemaking with its plain-language, 100-word-or-less proposed rule summary will be available in this same docket.
**FOR FURTHER INFORMATION CONTACT:**
If you have questions about this proposed rulemaking, call or email Petty Officer Brett Lanzel, MSU Pittsburgh, U.S. Coast Guard; telephone 206-815-6624, 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
§ Section
U.S.C. United States Code
**II. Background, Purpose, and Legal Basis**
On February 4, 2025, an organization notified the Coast Guard that it will be installing aerial transverse wirelines over the Ohio River from October 6, 2025, until October 24, 2025, from 8 a.m. to 6 p.m. each day with periods of time to allow traffic to transit. Hazards from the wire crossing include overhead danger and possible falling debris. The Captain of the Port MSU Pittsburgh (COTP) has determined that these potential hazards associated with the wire crossing would be a safety concern for anyone within the proposed safety zone from Mile Marker 2 to 3.
The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters from Mile maker 2 to 3 during the scheduled event wire installation. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034.
**III. Discussion of Proposed Rule**
The COTP is proposing to establish a safety zone from 8 a.m. to 6 p.m. each day from October 6, 2025, through October 24, 2025. The safety zone would cover all navigable waters from Mile Marker 2 to 3 on the Ohio River located near Pittsburgh, PA. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled wire crossing. No vessel or person would be permitted to enter the safety zone while wire installation operations are in progress. Safety boats will be present on-scene to provide notice of the times when wire installation operations are in progress. These safety boats will also provide notice of breaks in the wire installation when it is safe to transit through the safety zone area. The regulatory text we are proposing appears at the end of this document.
**IV. Regulatory Analyses**
We developed this proposed 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 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 proposed rule would not have a significant economic impact on a substantial number of small entities. This safety zone impacts only a one mile stretch of the Ohio River starting October 6, 2025, through October 24, 2025. The safety zone will be enforced only when wire installation operations are occurring over the Ohio River, which is anticipated to take place from 8 a.m. to 6 p.m. each day. During this time, vessel traffic will be permitted to transit through the area during breaks in the installation of wires over the Ohio River.Moreover, the Coast Guard will issue Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs), via VHF-FM marine channel 13 or 16 about the zone and the rule allows vessels to seek permission from the COTP to transit the zone.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see *ADDRESSES* ) explaining why you think it qualifies and how and to what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
**B. Collection of Information**
This proposed rule would 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**
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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would 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. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the *FOR FURTHER INFORMATION CONTACT* section.
**D. 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 proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble.
**E. Environment**
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a safety zone that impacts only a one mile stretch of the Ohio River during daylight hours from October 6, 2025, through October 8, 2025. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
**V. 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 Docket Management System at *https://www.regulations.gov.* To do so, go to *https://www.regulations.gov,* type USCG-2025-0679 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.
*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 is proposing to amend 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, 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. 01.4.
2. Add § 165.T08-0679 to read as follows:
§ 165.T08-0679
(a) *Location.* The following area is a temporary safety zone: All waters of the Ohio River from mile marker 2 to mile marker 3, near Pittsburgh, PA.
(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. Designated representative includes safety boat provided by the event organizers.
(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 while wire installation operations over the Ohio River are in progress, unless authorized by the COTP or the COTP's designated representative.
(2) Safety boats may be present to provide on-scene notice when wire installation operations are in progress. These safety boats will also provide notice during times when navigation through this location is not restricted by the wire installation operations. These safety boats may be contacted on VHF Channel 13.
(3) If safety boats are not present, concerned traffic should contact the COTP or designated representative at 412-670-4288. Those permitted to enter or transit through 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 8 a.m. through 6 p.m., each day from October 6, 2025, through October 24, 2025.
Dated: September 3, 2025.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.