[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49239-49241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18926]



[[Page 49239]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0219]
RIN 1625-AA00


Safety Zone; Seagull Bridge, Quinnipiac River, Hamden, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within a 25-yard radius of any foundation, 
support, stanchion, pier or abutment of the Seagull Bridge located on 
the Quinnipiac River, Hamden, CT. The safety zone is needed to protect 
personnel and property from potential hazards created by falling 
debris. Vessels or persons are prohibited from entering the zone unless 
specifically authorized by the Captain of the Port Long Island Sound or 
a designated representative.

DATES: This temporary interim rule is effective without actual notice 
from September 2, 2021 through September 30, 2021. For the purposes of 
enforcement, actual notice will be used from April 29, 2021, until 
September 2, 2021.
    Comments and related material must be received by the Coast Guard 
on or before October 4, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0219 using the Federal eRulemaking Portal 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.
    To view documents mentioned in this preamble as being available in 
the docket, go to https://www.regulations.gov, type USCG-2021-0219 in 
the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on 
the line associated with this temporary interim rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary interim rule, call or email Lieutenant Jennifer L. Sheehy, 
Waterways Management Chief, U.S. Coast Guard; telephone 203-468-4432, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Background Information and Regulatory History
IV. Legal Authority and Need for the Temporary Interim Rule
V. Discussion of the Temporary Interim Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Impact on Small Entities
    C. Collection of Information
    D. Federalism and Indian Tribal Governments
    E. Unfunded Mandates Reform Act
    F. Environment
    G. Protest Activities

I. Public Participation and Request for Comments

    The Coast Guard views 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. Your comment can help us amend this 
regulation so that it provides a better solution to the problem we seek 
to address. We may issue a temporary final rule or other appropriate 
document in response to your comments.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. 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 temporary 
interim rule for alternate instructions. Documents mentioned in this 
temporary interim rule as being available in the docket, and all public 
comments, will be available in our online docket at https://www.regulations.gov, and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the temporary interim rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. If you visit the online docket and sign up for email 
alerts, you will be notified when comments are posted.
    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).
    We do not plan to hold a public meeting but we will consider doing 
so if we determine from public comments that a meeting would be 
helpful. We would issue a separate Federal Register notice to announce 
the date, time, and location of such a meeting.

II. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

III. Background Information and Regulatory History

    This rulemaking establishes a temporary safety zone for the waters 
around the Seagull Bridge, Quinnipiac River, Hamden, CT. On April 1, 
2021, the Coast Guard received notice of debris falling from the 
Seagull Bridge and that the bridge is displaying signs of failure; thus 
creating a hazardous situation. As a temporary interim rule, this will 
allow the Coast Guard to expeditiously establish a safety zone, while 
also providing time to complete a structural analysis of the Seagull 
Bridge.
    If we determine that changes to the temporary interim rule are 
necessary, the Coast Guard will publish a temporary final rule or other 
appropriate document.
    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 temporary interim rule because doing so would be 
impracticable and contrary to the public interest. Publishing an NPRM 
and delaying the effective date of this rule to await public comment is 
contrary to the safety zone's intended objective, since immediate 
action is needed to protect persons and property from the potential 
falling debris from the Seagull Bridge.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary interim rule effective less than 30 
days after publication in the Federal Register. Due

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to the need for immediate action, the restriction of vessel traffic is 
necessary to protect life, property, and the environment. Therefore, a 
30-day notice is impracticable. Delaying the effective date of this 
temporary interim rule would be contrary to the public interest because 
immediate action is needed to protect persons and vessels from the 
potential safety hazards associated with the Seagull Bridge.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

IV. Legal Authority and Need for the Temporary Interim Rule

    The Coast Guard is issuing this temporary interim rule under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain 
of the Port Long Island Sound (COTP) has determined that potential 
hazards associated with falling debris from the bridge structure would 
be a safety concern for anyone within a 25-yard radius of the Seagull 
Bridge. This temporary interim rule is needed to protect personnel and 
property in the navigable waters around the safety zone from the 
potential safety hazards associated with the Seagull Bridge.

V. Discussion of the Temporary Interim Rule

    This temporary interim rule establishes a temporary safety zone 
from April 29, 2021 through September 30, 2021, or until the safety 
zone is rescinded. The safety zone will cover all navigable waters 25-
yards around the Seagull Bridge located on the Quinnipiac River, 
Hamden, CT, at 41[deg]20'09.8'' N, 072[deg]53'19.7'' W. The duration of 
the safety zone is intended to protect personnel and property within 
these navigable waters. All vessels or persons will be prohibited to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

VI. Regulatory Analyses

    We developed this temporary interim 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 temporary interim rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this temporary interim 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 safety zone. This temporary safety zone 
will temporarily restrict navigation in the 25-yards around the Seagull 
Bridge from April 29, 2021 through September 30, 2021. This temporary 
interim rule allows persons or vessels to seek permission to enter the 
safety zone. Additionally, the Coast Guard will notify the public of 
the enforcement of this temporary interim rule via appropriate means, 
such as via Local Notice to Mariners and Broadcast Notice to Mariners 
to increase public awareness of this safety 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 
temporary interim 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 VI.A above, this temporary interim 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 temporary interim rule. If the temporary 
interim 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 temporary interim rule or 
any policy or action of the Coast Guard.

C. Collection of Information

    This temporary interim 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 temporary interim 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 temporary interim 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 temporary interim 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 temporary interim rule 
will not result in such an expenditure, we do discuss the effects of 
this temporary interim rule elsewhere in this preamble.

F. Environment

    We have analyzed this temporary interim rule under Department of 
Homeland Security Directive 023-01,

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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 temporary interim rule involves a 
temporary safety zone lasting until September 30, 2021 that will 
prohibit entry into 25-yards around the Seagull Bridge. 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 
will be produced. 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.

    Accordingly, 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.T01-0219 to read as follows:


Sec.  165.T01-0219  Safety Zone; Quinnipiac River, Hamden, CT.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Quinnipiac River within a 25-yard radius of any 
foundation, support, stanchion, pier or abutment of the Seagull Bridge.
    (b) Definition. 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 Long Island Sound (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 Sector Long 
Island Sound at 203-468-4401 (Sector Long Island Sound Command Center) 
or the designated representative via VHF channel 16 to obtain 
permission to do so. 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 until 
September 30, 2021, or until the COTP determines that the safety zone 
is no longer necessary.

    Dated: April 29, 2021.
Eva Van Camp,
Capt, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-18926 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P